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Politics : Bill Clinton Scandal - SANITY CHECK -- Ignore unavailable to you. Want to Upgrade?


To: lazarre who wrote (2740)9/14/1998 10:20:00 AM
From: Zoltan!  Read Replies (1) | Respond to of 67261
 
September 14, 1998>> Dems have no stomach for reversing the outcomes of elections by other means.

Now that's a real joke. They are the masters of it. The Dems can't get 50% of the vote! They "reversed" 1972 and tried to "reverse" 1980, 1984 and 1992.

I say "reverse", because unlike like you, I think. "Reversing" the past election would mean that Bob Dole would be President, not AlGore. Besides, Clinton is an illegitimate president, not because the majority voted against him twice, but since we know that Clinton would never have been president or even nominated in 1992 had he not lied and defamed Gennifer Flowers. No serious person doubts that.

Clinton has made himself illegitimate by what we now know were his lies. Maybe not legally, but certainly under equitable doctrine.

Perjury Isn't a Political Decision

By JONATHAN TURLEY

On a recent visit to Capitol Hill, I was struck by a single thought: There is
no statue to Edmund Ross. The Capitol is full of statues honoring figures
from Philo Farnsworth (a pioneer in television) to Lajos Kossuth (a leader
in the Hungarian Revolution of 1848) but you will not find a statue to Ross.
This omission struck me after testifying in the Senate on the president's
possible impeachment or indictment for crimes in office. Increasingly,
defenders of the president are adopting a consistent defense strategy on
impeachment. They are arguing on television programs and floor statements
that the impeachment decision is a political, not a legal, determination.

The effort to frame the House vote as a political decision would manifestly
change the personal obligations of the members under the Constitution. It is
argued that the president's popularity and policies can outweigh any criminal
accusations stemming from a personal relationship--in other words, that the
members are not required to focus exclusively on the factual determination
of criminal or abusive acts in office. This appeal to political rather than legal
judgment has been reinforced by the president, who has consistently raised
his policy accomplishments and goals as part of his defense to these
allegations. Likewise, the president's congressional allies have increasingly
cited legislative objectives like saving Social Security as relevant to the
decision on impeachment.

If successful, this strategy would substitute a decision on the commission of
criminal acts in office with a balancing test measuring political conduct on
one side against illegal conduct on the other. Under such an approach, it can
be argued that the benefits of the president's service should overwhelm the
costs of his conduct with a White House intern. The problem is that perjury
is not politics and the impeachment clause was never intended to be a
vehicle for political nullification of criminal acts.

The argument that impeachment is merely politics by another means is
foreign to the language and history of the Constitution. While impeachment
is a decision made by political figures, the determination itself is based on a
legal judgment. This is what triggered my search for the statue of Edmund
Ross.

In March 1868, Andrew Johnson was placed on trial before the Senate for
11 Articles of Impeachment--the same number of Articles sent to Congress
by Kenneth Starr. At the time of his impeachment, Johnson may have been
the most unpopular president in our country's history. A Southerner brought
to office after the Civil War by Abraham Lincoln's assassination, Johnson
opposed the draconian anti-Southern measures of the "Radical
Republicans" in Congress. The Radical Republicans in the House
impeached Johnson on a series of questionable charges, including the
removal of Radical Republican Edwin Stanton as secretary of war.

Once in the Senate, however, the Radical Republicans discovered that
some of their members were wavering with thoughts of voting on principle
rather than politics. The Radical Republicans promised to destroy any
member who failed to vote the party line. Seven Republicans, however,
refused to vote on the basis of politics. The most vilified defector was Sen.
Edmund Ross of Kansas, who cast the deciding vote that saved (by one
vote) Johnson from removal. For this selfless act, Sen. Ross returned to
Kansas only to be shunned, physically assaulted, and ruined both politically
and financially. It was not until almost a hundred years later that Ross
received a small recognition for his sacrifice when he was included as one of
the examples in John F. Kennedy's "Profiles of Courage."

The Johnson case answered the question of whether the Congress had the
integrity to acquit an unpopular but innocent president. The Clinton case
may answer the question of whether the Congress has the integrity to
convict a popular but guilty president.

In answering this question, the House will have to review not only the
personal role of its members but the institutional role of the Judiciary
Committee in an impeachment case. This review may require initial
correction of errors committed during the Nixon hearings. In the Nixon
case, the House Judiciary Committee performed a long, comprehensive
review of the allegations with months of investigation, subpoenas and
witnesses. In my view, however, the House Judiciary Committee erred in
allowing its review to intrude upon the role of the Senate which, according
to Article I, "shall have the sole Power to try all Impeachments."

Under the impeachment clause, the House should function as a grand jury
not (as in the Nixon case) as a trial jury. Articles of impeachment function in
the same way as counts to an indictment. The House does not determine
guilt or impose a penalty but simply defines the articles of impeachment for a
trial on the merits.

The political balancing test suggested by the president's allies would have no
place in such a proceeding. Like a grand jury, the House must exclude
arguments based on the president's popularity or past accomplishments as
immaterial to its constitutional function. It would be outrageous for a
defendant to answer a criminal charge with a list of popular acts taken
outside his criminal conduct. It is only after guilt is established that a
defendant is allowed to present such arguments to mitigate the penalty, not
(as is suggested with the president) to diminish culpability. It is only after
determining guilt that the Senate can consider issues of character and
service as relevant to the final question of removal.

On the facts now before us, it is difficult to see how House members can
vote on principle against submitting this matter to the Senate. At a minimum,
this president appears to have committed perjury. Perjury committed by a
president, however, may be one of the most serious forms of criminal
conduct since it is the crime that shields all other criminal acts from the
public. The House cannot simply proclaim, as is popular in current
commentary, that any criminal acts are negated by a good economy. A
president's latitude to commit crimes does not rise or fall with the gross
national product. By any reasonable measure, perjury and obstruction of
justice clearly fall within "high crimes or misdemeanors."

In the end, the decision will be left to each individual member as it was left
to Edmund Ross. After the decision on impeachment is made, however,
someone might consider adding one small but relevant legislative item. We
should have a statue of Edmund Ross, a legislator who not only knew the
meaning of politics and principles but also the difference.

Mr. Turley is a professor at George Washington University Law
School in Washington, D.C.
interactive.wsj.com



To: lazarre who wrote (2740)9/14/1998 11:51:00 AM
From: jlallen  Read Replies (1) | Respond to of 67261
 
Lazarre: I'm quite confident you could spend $40,000,000.00 investigating you or I and you would not uncover any perjury or obstruction, etc. JLA



To: lazarre who wrote (2740)9/14/1998 12:18:00 PM
From: Zoltan!  Respond to of 67261
 
And the chorus grows stronger:

09/13/98- Updated 10:35 PM ET
USA Today - Lead Editorial

A matter of integrity: Clinton should resign

To hear White House lawyers tell it, independent counsel Ken Starr's
impeachment report is a "hit-and-run smear campaign" full of sexual
details designed to damage the president. Nothing in the report
supports Starr's claim of 11 impeachable offenses, they say.

Not so, according to Starr. After eight months of investigation, he says
it's clear the president repeatedly lied under oath, encouraged others to
lie, obstructed justice and defiled his office. His 445-page report details
grounds for removal from office.

That is essentially the same argument that has raged for eight months,
with details added, and now moves to Congress for judgment.

But the legal skirmishing misses the central question: Has the president
so failed in his duties to the nation that he should leave office?

The answer to that question is yes, and the time for the president to
leave is not after months of continued national embarrassment but now.
Clinton should resign.

Not because he is unquestionably guilty of any specific criminal offense,
though he may well be. Not because of his sexual behavior, as
disgraceful as it is. And not solely because of Starr's report, which is far
from an impartial judgment. He should resign because he has resolutely
failed - and continues to fail - the most fundamental test of any
president: to put his nation's interests first.

The least any American can expect of a president is that in crisis he will
readily put the welfare of the nation he leads ahead of his own
well-being. In other contexts, that is the ultimate test of character. It
separates the military leader or executive who accepts blame for failure
from the one who tries to shuffle it elsewhere.

There's no doubt which kind of man the Founders had in mind. Not
someone with "talents for low intrigue and the little arts of persuasion,"
but with qualities to "establish him in the esteem and confidence of the
whole Union," as Alexander Hamilton put it in The Federalist Papers.

This crisis continues to expose Clinton as someone who lacks both the
courage and the character to make that sacrifice.

If nothing else, this is made plain in the Starr report, as salacious and
flawed an impeachment document it may be. It is a tale of a man who
entered into the most shallow sort of affair knowing better than anyone
else what pain the nation would suffer if he were caught; a man, who
once exposed, lied in the nation's face and then used his considerable
power to intimidate and discredit his accusers; a man who consciously
skated along a thin legal edge, determined to hold onto office at any
cost to the nation he is sworn to serve.

The affair. The narrative at the heart of Starr's report leaves no doubt
that the president knew the stakes for the nation when he started the
affair with Lewinsky. And he had good reason to think the affair might
be uncovered with Paula Jones' attorneys on the prowl for any sexual
mischief as part of their sexual harassment suit. Yet he did it anyway.

And when the Jones team listed Lewinsky as a witness, what can most
charitably be described as an attempt to cover up the affair began. A
lingering job search for Lewinsky gathered steam, with Clinton deeply
involved. That may or may not constitute obstruction of justice, as Starr
charges, but the coverup - taken as a whole - is the action of a
president preoccupied with saving himself while higher duties
presumably are left waiting.

The deposition. The first critical test for Clinton came in January of
this year, when the Jones team, having discovered the Lewinsky affair,
deposed him. Clinton had a choice: continue to cover up the affair with
Lewinsky or admit to it under oath. The latter option would have put all
the facts on the table quickly. Clinton could have apologized, and the
nation could have moved on. But that carried both political and legal
risks for Clinton, so he opted to protect himself. He denied any affair
with Lewinsky, relying on a contorted, legalistic definition of sexual
relations designed to evade the truth while also tiptoeing past a perjury
charge. That's fine for a criminal defendant but not for the president of
the United States.

Yet Clinton didn't stop there. Asked if Lewinsky's sworn affidavit
denying any sexual relations were true, he said yes, allowing false
testimony to be entered into the court record. Even if Clinton could
beat the rap in court, which is far from clear, he at least tried to skirt the
law he has twice sworn to uphold, and for no higher motive than to
save himself.

The denials. Clinton's second great test came in late January.
Published reports of the scandal had hit newsstands, and Clinton's first
tepid denials were proving unconvincing. Again, had Clinton thought
about the nation's well-being, not to mention that of his supporters, he
would simply have told the truth. Instead, he stepped to the podium,
looked the nation in the eye and accusingly asserted, "I did not have
sexual relations with that woman." He proceeded to lie to everyone,
including his Cabinet and top aides, surely knowing many would repeat
those lies before Starr's grand jury, which, according to the report, they
did. Adviser Sidney Blumenthal testified that Clinton told him Lewinsky
tried to force him to have sex and that she might be a stalker. That
broken trust with the public cannot be repaired with a few acts of
contrition.

The investigation. Throughout the Starr investigation, Clinton had the
chance to do the honorable thing, to provide answers "sooner rather
than later," as he once promised. Instead, he stalled with repeated
claims of privilege, and viciously attacked his accusers. This
stall-and-attack plan served only the president's needs, while damaging
the integrity of the judicial process and costing taxpayers millions.

The admission. Even in his Aug. 17 admission of the affair before
Starr's grand jury, Clinton proved dishonorable. As Starr's report
makes clear, Clinton only confessed the affair when cornered by the
retrieval of Lewinsky's dress and the DNA tests that were to prove
Clinton had some kind of sex with her.

And he clung to a ridiculous legal strategy that claimed he was "legally
accurate" in denying the affair under oath back in January. His answers,
White House lawyers now say, were "literally truthful but misleading."
Again, the strategy helps protect Clinton for a perjury charge, but only
at the expense of cheapening his office and the standards of the nation
he leads. As Sen. Bob Kerrey, D-Neb., said on the Senate floor: "I do
not want my children to believe that the only standard of truth to which
they, much less a president of the United States, must aspire is legal
accuracy."

The speech. That night, the president had still another chance to
change course in a direction that might have been difficult for him but
good for the nation. An admission of guilt, a confession of the facts and
a sincere apology could again have ended the matter. He did none of
that. Instead, he again attacked his accusers and listed excuses for his
own behavior, chief among them, "to protect myself from the
embarrassment of my own conduct."

In the end, the legal strategy Clinton pursues today combined with his
apparent repentance may prevail, with the president escaping
impeachment and remaining in office. It would at best be a hollow
victory for someone who has shown himself to be a small man.

A president should be more than that. He should be the extraordinary
person Hamilton foresaw - one who occupies the office with integrity
and who instinctively places honesty and the nation's welfare above
self-interest.

For eight months, continuing to this day, Bill Clinton has given no sign
that he is or can become that kind of person. Now the channel has
narrowed, leaving him no choice but to push ahead or resign.

Bill Clinton should resign.
usatoday.com