Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Politics : Clinton's Scandals: Is this corruption the worst ever? -- Ignore unavailable to you. Want to Upgrade?

To: Rick Slemmer who wrote (3558)	9/2/1998 6:11:00 AM
From: Zoltan!	Read Replies (1) \| Respond to of 13994

Curious Prosecutor The vast power prosecutors wield--from Kenneth Starr on down--indeed merits scrutiny, so how is it that Stephen Montanarelli, the Maryland state prosecutor who seems bent on indicting Linda Tripp, has been virtually ignored? Mr. Montanarelli runs an independent office charged with prosecuting public officials, a role similar to Judge Starr's. It's his job to see if Linda Tripp violated Maryland's law against taping without consent. Initially, Mr. Montanarelli said the law required an "extremely difficult burden of proof." He also agreed with the state's attorney general it would be best to wait on any prosecution until Mr. Starr's federal probe ended. Then in July Mr. Montanarelli referred the Tripp case to a standing grand jury--just as she began testifying in the Clinton scandal. The Baltimore Sun reports a Radio Shack clerk has appeared before the grand jury and indicated he warned Ms. Tripp about recording phone calls without consent. Such testimony is important because Mr. Montanarelli has the almost impossible task of proving Ms. Tripp "willfully" knew her taping was illegal. In 1995, a Maryland appeals court ruled that "willfully" means "more than intentional or voluntary. It denotes either an intentional violation or a reckless disregard of a known legal duty." Lucianne Goldberg says she has turned over to Mr. Starr a tape of herself incorrectly telling Ms. Tripp that any fears about taping Ms. Lewinsky were groundless: "She asked me, 'Did you check if it's legal to tape in Maryland?' I said, 'I did and it's okay.' " The Washington Times reports that a reader recently entered a Radio Shack in Maryland, asked for "the Linda Tripp model" of tape recorder and bought it with no warning. Mr. Montanarelli denies that he's under political pressure, but acknowledges his timing on calling a grand jury was inappropriate. GOP State Rep. Robert Flanigan says the move "certainly created the impression he was trying to intimidate her." Mr. Flanigan says there has been a "comprehensive effort" to urge a prosecution, including a January letter signed by 49 Democratic members of the Maryland House. Obviously Mr. Montanarelli must follow the law. But his track record doesn't inspire confidence. In 1995, he refused to prosecute a county election commissioner for nepotism because he ruled the person wasn't a "public official." Somehow, Ms. Tripp, a Pentagon employee, qualifies as one. Should Mr. Montanarelli proceed with a dubious prosecution, his own clear standing as a public official should qualify him, as it does Judge Starr, for a measure of scrutiny. interactive.wsj.com