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Starr's adviser resigns over impeachment testimony

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Updated November 20, 1998
9:51 a.m. ET

WASHINGTON (AP) — Sam Dash, the ethics adviser to independent counsel Kenneth Starr, has resigned in protest of the independent counsel's decision to testify yesterday before the House Judiciary Committee. Dash had strongly urged Starr not to testify.

In a letter to the independent counsel, he says Starr violated his obligations as an independent counsel, by testifying and by aggressively arguing that President Clinton committed impeachable offenses.

``As independent counsel you have only one narrow duty under the statute relating to the House's power of impeachment,'' Dash wrote. ``That one duty ... is to objectively provide for the House substantial and credible information that may constitute grounds for impeachment.''

Dash has counseled Starr on a wide range of issues for the past four years, reviewing evidence and participating in the process on whether grand jury indictments should be sought. A chief counsel to the Senate Watergate Committee a quarter-century ago, Dash has been a lawyer for nearly five decades and teaches at Georgetown University Law Center. He has long said that if Starr didn't heed his advice, he would not stay on in the post.

At Thursday's House Judiciary Committee impeachment hearing, Starr gave no indication that Dash was quitting, hailing his ``great wisdom during my tenure'' and noting that Dash had consulted on the impeachment referral that accused Clinton of abusing his presidential powers.

``We were guided by Sam Dash, who had very strong views on that,'' Starr said.

Amid strong criticism of Starr's Lewinsky investigation, longtime associates of Dash in the legal profession have questioned him privately about why he continues to work for the prosecutor. Until now, Dash has strongly defended the prosecutor to these associates, telling them that Starr is being unfairly criticized by Clinton loyalists and that Starr is conducting an aggressive but fair investigation.

Dash recently has come under criticism from critics of Starr's office for the $400 an hour he charges the government for his services as ethics counselor to the prosecutor. He said that he worked many free hours for Starr, putting his actual compensation at closer to $100 an hour. Dash's pay is capped at $118,400 a year.

Dash has played a role in a number of controversies surrounding Starr's office. He put a halt to widespread speculation in 1995 that senior White House adviser Bruce Lindsey was about to be charged with crimes, persuading the prosecutor to issue a public statement saying it wasn't true.

In addition, Dash also defended Starr's decision to remain in private law practice, where he has earned more than $1 million a year. His clients have included tobacco companies and other opponents of the Clinton White House.

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