The President on Trial: Sifting Through the Evidence            Full Coverage Search Clinton in Crisis The Trial Trial Guide Evidence Guide Transcripts Video Discuss the Trial The Starr Report and Rebuttals Video Index Documents Starr Investigation Jones v. Clinton Whitewater Jones v. Clinton Whitewater Article II, In Sum...All or Nothing? The same charges that hold the most weight in Article I — Clinton's silence during the Jones deposition, the gifts issue and his alleged encouragement of Lewinsky to mislead the Jones lawyers — hold the most weight here. As for Clinton's alleged attempts to sway potential witnesses (a hard charge to prove in most circumstances) or the alleged job-for-silence deal, corroborative evidence will be remarkably difficult to come by. The prosecutors' best hope is that the lack of clear legal standards in the Senate trial provides them more latitude. But they will need more evidence, presumably from witnesses, to make their case. Even if more solid evidence appears, political considerations by senators still make this an uphill battle. One factor that could work in the prosecutors' favor is that the article charges Clinton with "one or more" of the alleged acts of obstruction. If senators find he committed even one, they would presumably have to vote to convict on Article II, though the White House claims that this any-of-the-above strategy is "constitutionally defective." Because so much of Article II boils down to Clinton's intent, prosecutors will likely push senators to examine the overall pattern of Clinton's behavior. We can, therefore, expect discussion during the trial about whether the president's actions were, as law professor Charles Black described impeachable offenses, "wrong in themselves to a person of honor" and whether they are serious enough to warrant conviction. (More on Black's argument.) If the Senate debate is framed in those terms, we can also expect consideration of serious Constitutional issues: for instance, does the sanctity of the "rule of law" — as Clinton's prosecutors are likely to frame this debate — overwhelm the independence of the executive branch? And are the arbitrarily-defined offenses of perjury or obstruction of justice unacceptable behavior by public officials no matter the circumstances? Introduction Article I Charges 1 & 2: What is Sex? | Charge 3: Speak No Evil, Hear No Evil? | Charge 4: A Man of Influence? | In Sum...A Man of Honor? Article II Charges 1 & 2: Greasing the Wheels? | Charge 3: The Trail of the Gift Horse | Charge 4: Escape to New York | Charge 5: Speak No Evil, Hear No Evil? (Part II) | Charge 6: The Four Questions | Charge 7: An Influential Man (Pt. II) | In Sum...All or Nothing? Version for Printing