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


To: jlallen who wrote (5321)9/25/1998 12:52:00 PM
From: Les H  Read Replies (1) | Respond to of 67261
 
The Scandal watch
By David Dorsen

No likely quick Clinton-Congress compromise

It seems that everyone is searching for a compromise or "plea
bargain" that would resolve what threatens to become a long,
paralyzing crisis. A closer look reveals that one group has made
little or no move in this direction. Those are the individuals
directly involved in the Monica Lewinsky scandal or
investigation, particularly President Clinton and the House and
Senate GOP leadership.

There are several reasons why these people have been reticent.
It certainly is not because self-interest does not dictate that a
mutually acceptable middle ground be reached, if at all
possible. Obviously, that's in the president's interest. It also is
in the interest of House and Senate Republicans, though less
obviously.

While they see the scandal as wounding the president and the
Democrats, they don't relish conducting lengthy hearings to
uncover what precisely Bill Clinton and Monica Lewinsky did
with each other and when they did it. They recognize, too, that,
if the public perceives them as unfair smear-artists, their efforts
could backfire.

Also, some voters may not see the November mid-term election
as a referendum on Clinton's conduct. Instead, they may
perceive it as a choice between those lawmakers who want to
prolong the investigation and decision-making process and
eventually force Clinton out of office (Republicans) and those
who want to move quickly, punish Clinton, but permit him to
finish out his term (Democrats).

Major problems stand in the way of a compromise, which
lawyers who litigate and settle cases recognize. Primarily, it is
far too early in the process. Too many facts remain unknown;
the relative strengths of the parties is unclear; and the different
sides don't trust each other. In addition, no one wants to be the
first to embrace a compromise, which will be viewed as a sign of
weakness.

Constructing a mutually acceptable accommodation is another
problem. There are many variables, little precedent, and
problems in binding the participants. It's much easier when the
only issue is money, as in most commercial disputes.

An indication of the enormous difficulty can be gleaned from an
op-ed piece in last Thursday's New York Times by Nathan
Lewin, a respected Washington lawyer who represented former
Attorney General Edwin Meese III in an independent counsel
investigation a decade ago.

Lewin's imaginative plan would have the president waive any
constitutional defense to indictment that he has as a sitting
president as well as reject any future pardon. That would pave
the way for an immediate indictment containing the first 10
charges in Independent Counsel Kenneth Starr's report. Then,
one of two things would happen:

First, "Congress could then decide whether the president would
be impeached apart from determining what specific crimes may
have been committed and what punishments would result."
Congress and the country would know that those issues would
be decided in a criminal case to be tried in 2001.

Second, alternatively, the president would plead "no contest to
perjury and obstruction of justice charges based on certain
undisputed facts," with an explicit agreement that "he preserved
for appeal the legal arguments his lawyers have been making for
him." That process would proceed expeditiously. If Clinton lost,
sentencing would await 2001.

It won't fly, not by a long shot. While Starr and the GOP might
enthusiastically embrace the plan, it is anathema to Clinton. A
few reasons:

1.Clinton gets indicted or even convicted, which is
otherwise in doubt, and could face a potential jail
sentence. He also surrenders all leverage that goes with
an uncertain and unpalatable (to Congress as well as the
president) congressional fact-finding process and legal
debate.
2.Clinton must run the country while under indictment, if
not conviction; foreign leaders can accept negative press
reports and congressional attacks, but a president who
is under indictment?
3.Who can assure that members of Congress would not
vote to impeach and convict based on the alleged crimes
contained in the indictment rather than "issues of more
general concern," as Lewin suggests?
4.Who can assure that the Supreme Court would hear the
case that, aside from the identity of the prospective
defendant, has little in the way of novel or important legal
issues?
5.Who can assure that Starr won't try to find a loophole
that would permit him to file another indictment if the first
is thrown out on technicalities or Clinton wins, even if he
agrees not to?

Ideas will come thick and fast, but it's going to be a long time
before any deal can be made.

- David Dorsen, a Washington attorney and visiting lecturer at
the Terry Sanford Institute of Public Policy at Duke University,
was an assistant U.S. attorney in New York and assistant chief
counsel of the Senate Watergate Committee.

hillnews.com



To: jlallen who wrote (5321)9/25/1998 12:54:00 PM
From: Les H  Read Replies (1) | Respond to of 67261
 
the right view

Clinton, like Nixon, could be done in by
tapes
By David Keene

Washington's pundits, spinners and talking heads have been
busier than ever since Congress released the tape of President
Clinton's grand jury testimony.

The Clintonites are claiming that their smooth-talking boss
managed a bravura performance that proved once and for all
that, though he may be a bit sleazy, he's done or said nothing
for which he ought to be impeached.

Clinton haters, on the other hand, are convinced that while he
may not have gone off the deep end emotionally, his
evasiveness and dishonesty as well as his sleaziness had to
have been obvious to anyone who watched even a few minutes
of the four-and-a-half hour grilling that dominated the airwaves on
Monday.

The truth is, however, that those of us who breath the fumes
that dominate this federal city have no real idea of how all this is
playing in the rest of the country among real people. The polls
that were so hastily taken even as the tape was airing tell us
only that whatever the impact of all this might be, it has yet to
manifest itself in a way that can be so easily measured.

Those of us who either know too much or are inclined to like or
dislike Clinton saw what he had to say through a clouded and
distorted lens that makes it difficult, if not impossible, to
generalize from our own reactions.

Those who said he was smooth were right, of course, but did
they really expect anything else? After all, we are talking about
Slick Willie here. And those who observed that he was evasive
were just as correct, but did they expect him to either 'fess up
or lie in a way that would convince a 6-year-old that he should
be charged with perjury?

Those who've been around this town long enough will remember
the peculiar disconnect between the Nixon White House's
assessment of the impact the Nixon tapes were likely to have
on his ultimate fate. The shock that ran through the place when
Alex Butterfield almost off-handedly let the House Judiciary
Committee know that the tapes had been made was tempered
by the belief that they would "prove" very little and that Nixon
might survive even the stupidity of actually taping unguarded
conversations in the Oval Office.

He didn't, of course, even though it wasn't the evidence on the
tapes that did him in. It was, rather, what they revealed about
the atmosphere in the White House and the cynicism of a
president without much apparent regard for either the truth or
the office he occupied. Indeed, as time went on it was this that
destroyed him with the public. There was a lot of talk about the
vulgarity of his language and the unseemliness of his behavior.

This all took place in an era when expletives were still being
deleted, but the cumulative impact of his behavior destroyed
him. His defenders in what was then known as "Middle
America" were embarrassed and stood by as his enemies took
him apart. It was over because the man they heard on the tapes
simply didn't act or sound like they thought a president of the
United States ought to act or sound.

That reaction wasn't really appreciated until it took place. Those
who knew that the men who in those days ran things here
almost all talked the way Nixon did — like boys in a high school
football locker room — were constitutionally incapable of
appreciating the devastating impact tapes of that kind of talk
would have outside this city.

Things may be different these days. The language that shocked
Americans in the early seventies is now used by characters on
prime-time network TV shows targeting high school students,
and whatever public naiveté that might have existed then has
been replaced with a cynicism that has actually allowed Clinton
to mount a defense based on the argument that he's no worse
than everybody else.

But, still. Millions of people watched the tape of his Grand Jury
testimony on Monday and I suspect that most of them are
thinking about the implications of what they saw and heard.
Most of them are far less likely than the average lawyer to find
semantic hair-splitting all that attractive in a president or forgive
evasiveness simply because it was done smoothly.

Few of them want to go through the trauma of impeachment and
may, if we go that route, find themselves disgusted with both
the president and his detractors. The American people take
matters relating to the presidency more seriously than many of
us appreciate and might — just might — conclude that this is a
president who, like Nixon, just doesn't measure up. If they do
over the next week or so because they saw more in those video
tapes than those of us here in Washington, Clinton's presidency
will be over.

David Keene, chairman of the American Conservative Union, is
a Washington-based governmental affairs consultant.

the political life

Let the punishment ($4.5M) fit the crime
By Dick Morris

Should Bill Clinton be impeached and removed from office?
Should he resign? What should Congress do?

Clinton was elected and reelected by the voters of the United
States. They should be the ones to decide if he should stay in
the office to which they elected him.

Despite Democratic protests, the release of the president's
grand jury testimony and the release of all the evidence the
House has received is both proper and necessary. We have to
be sure that the public has all the facts and all the information.
Then, we must await their decision.

If the American people continue to believe that Clinton should
stay in office, Congress must not — must dare not — remove
him. This would be a coup d'état, even if there is a fig leaf of
Democratic support.

On the other hand, if the public concludes that Clinton must go,
he must go.

We must remember that each time we impeach and remove a
president, it becomes easier to do the next time. Had Richard
Nixon not been forced out, I doubt if anyone would be talking
about removing Clinton. The next time, it will be easier still.

But a censure or reprimand seems so mild and easily brushed
off. Particularly with the president in his current state of obvious
denial, splitting hairs and blaming other people, the chances
that he would take such a slap on the wrist seriously are slight.
He would see it as making the best of a bad political situation
and would go happily along, lying as he went.

Americans are groping for a way to hold the president
responsible for his actions that would fall short of the de-
stabilizing effect of impeachment or resignation. They don't want
a token punishment, they want a real one.

I think we should follow the Newt Gingrich (R-Ga.) precedent.
Just as the Speaker was required to pay for the costs of the
investigation into his ethical offenses, so the president should
be required to pay the $4.5 million cost of the wild goose chase
on which his lies led prosecutors.

Just as the Speaker was barred from raising the money from
others and had to pay for it out of his own personal resources,
the president should be required to do so too.

Since Clinton does not have sufficient resources at the moment
to pay the fine, it should be a continuing lien on his future
income, after retirement. The deal should specifically include
what types of activity the president could undertake —
speeches, writing, etc. — to pay the fine, and would exclude
reliance on any public contributions.

As a former president, he would not be permitted to receive
contributions from friends or the public, but would have to pay off
the fine by using only his own earnings. The deal would,
presumably, have to preclude further criminal prosecution for
perjury or the like and the fine would have to be considered a full
and final punishment.

The message will go out to all Americans that the president
cannot expect to get away with lying under oath with impunity
and that he is not above the law. But we will not have punished
ourselves by destabilizing our system of government. Everybody
will see that a fine of this magnitude, which would take about a
decade for the ex-president to pay off, is no mere token
punishment.

We must remember, however, that the other shoe has yet to
drop. Independent Counsel Kenneth Starr's findings in the
Castle Grande deal, Whitewater, the Kathleen Willey affair, the
Linda Tripp personal life, the travel office findings and the White
House FBI files scandal — all are bound to be highly damaging
to the president. After these non-sexual allegations are fully
explored, it is quite possible that the verdict of America will be
that Clinton must go.

But if the public falls short of demanding Clinton's ouster, but
seeks a method of punishment nonetheless, a hefty $4.5 million
fine would be very appropriate.

hillnews.com



To: jlallen who wrote (5321)9/25/1998 1:16:00 PM
From: cool  Read Replies (1) | Respond to of 67261
 
New republician strategy!!!

Ashcroft: Clinton Creates Conflict of Interest by Raising Ca
Ashcroft: Clinton Creates Conflict of Interest by Raising Campaign Money for
House, Senate Candidates

WASHINGTON, Sept. 25 /U.S. Newswire/ -- Democratic candidates who make
themselves beholden to the President for campaign money are damaging
their credibility as jurors in a potential impeachment proceeding, U.S.
Sen. John Ashcroft (R-Mo.) said today.

Ashcroft called on Democrat candidates for the Senate and House to
decline fund-raising help from the President, in order to strengthen
public confidence in the integrity of an impeachment proceeding to
remove the President from office.

"Since when does a likely defendant give money to jurors? It is
ridiculous even to ask the question. The answer is, 'Never,'" Ashcroft
said. "In an impeachment proceeding, the constitutional role of
Senators is to sit as jurors on impeachment articles voted by the House
of Representatives. The public must have high confidence in the
fairness of the proceedings. For jurors to take campaign money from the
defendant, directly and indirectly, inevitably raises questions about
whether a conflict of interest has been created.

"In a criminal case, a defendant who gives a juror money could be
prosecuted for the federal crime of jury tampering and face up to 10
years in prison. The President may already have broken laws, like
perjury and obstruction of justice, designed to protect the justice
system. He shouldn't become involved in political jury tampering.

"Will Americans believe that legislators will handle this case
impartially when they have joined with this discredited President at
political fund-raisers? To entangle campaign fund-raising with
impeachment is bad for public confidence. The bottom line is people who
may vote on the case shouldn't take money from a President who faces an
impeachment proceeding.

"Obviously, in raising money for campaigns and party organizations, the
President and First Lady have the opportunity to gain more than the
mere political goodwill of people who will vote on impeachment. In the
grave situation created by the President's scandalous misconduct,
Senate and House candidates should take immediate steps to separate
themselves from presidential fund-rasing. If they fail to do so, they
will undermine public confidence in their ability to be fair and
impartial."

The President's announced fund-raising schedule includes campaign
events and party "unity" dinners today in San Jose, Calif., (unity
dinner with the President) and San Francisco (dinner for Sen. Barbara
Boxer, with First Lady); in Chicago (event for Rep. Glenn Poshard, who
is running for Illinois Governor).

In coming weeks, presidential campaign events are scheduled for Rep.
Charles Schumer, Senate candidate in New York (October 12); Sen. Carol
Moseley-Braun of Illinois (Oct. 16); and a unity dinner in St. Louis
with Rep. Richard Gephardt, Gov. Mel Carnahan and Senate candidate Jay
Nixon (Oct. 16).

*** end of story ***