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Clinton In Crisis: Legal Documents
Latest Documents - Released October 2, 1998
The Starr Report and White House Rebuttals
Proposed GOP Impeachment Resolution
The Republican members of the House Judiciary Committee proposed the following language for a House resolution authorizing the Committee to begin an impeachment inquiry against President Clinton.
1974 House Impeachment Resolution
Current House Judiciary Republicans have said they plan to mimic the language of this 1974 resolution in their current investigation of President Clinton.
Kendall's Statement on Clinton Video
Clinton attorney David Kendall released this Sept. 17 statement while the House Judiciary Committee was deliberating about releasing the president's videotaped testimony. It states that Kendall unsuccessfully tried to have Independent Counsel Kenneth Starr destroy the tape once the jurors who missed the closed circuit testimony had a chance to view it.
House Resolution on Starr's Report
The House Rules committee passed this resolution on September 10, 1998, proposing to grant the House Judiciary committee a review of independent counsel Kenneth Starr's report to Congress.
Starr Letter to House Leaders
Independent counsel Kenneth Starr accompanied his September 9, 1998 report to Congress about the Monica Lewinsky matter with a letter to House Speaker Newt Gingrich and House Minority Leader Richard Gephardt.
Starr Refuses to Give Kendall Advance Copy of Report
In response to Clinton attorney David Kendall's request for an advance copy of Independent Counsel Kenneth Starr's report to Congesss, Starr sent this letter on September 8. Starr refused Kendall on the grounds that granting such a request would defeat the purpose of the statute which governs an independent counsel's report to Congress, bogging the process down in litigation.
Conservative Group Urges Judge Wright to Hold Clinton in Contempt
After U.S. District Judge Susan Webber Wright announced that she is considering contempt charges against President Clinton, the Landmark Legal Foundation, a Kansas City -based conservative group, filed a petition urging to judge to decide whether the president gave misleading statements in Paula Jones' sexual harassment suit. Below is the text of Landmark's petition filed September 2, 1998.
Appeals Court Allows Leak Investigation to Continue
On August 3, 1998, a federal appeals court in Washington decided to allow Clinton attorney David Kendall to continue investigating alleged leaks from independent counsel Kenneth Starr's office relating to the Monica Lewinsky investigation.
Court Denies Privilege on Lindsey Testimony
The federal appeals court in Washington ruled on July 27, 1998 that White House deputy counsel Bruce Lindsey, one of President Clinton's oldest and most trusted advisors, cannot assert attorney-client privilege in regards to his conversations with the president about the Monica Lewinsky investigation.
Appeals Court Refuses Stay on Testimony
On July 16, 1998, the federal Court of Appeals in Washington, D.C. rejected an appeal
from the Justice Department to stay the court's order forcing Secret Service agents to testify
before the grand jury hearing evidence in the Monica Lewinsky investigation.
Federal Rule 6(e)
Federal Rule of Criminal Procedure 6(e) covers the issue of secrecy in grand jury proceedings. Independent counsel Kenneth Starr has been accused of violating the rule after Starr admitted in an article by Steven Brill that he had discussed with journalists the details of his ongoing perjury investigation involving President Clinton and Monica Lewinsky.
Secret Service Must Testify in Lewinsky Investigation
A federal appeals court ruled on July 7, 1998 that the Secret Service must testify before the grand jury in the Monica Lewinsky matter. The unanimous decision by a three-judge panel represents a setback for President Clinton who claimed that the special privilege afforded Secret Service agents was essential to their effectiveness in ensuring the president's safety. The following is the full text of the ruling.
Washington Post Responds to Article on Lewinsky Leaks
Starr Responds to Article on Lewinsky Leaks
Both Washington Post reporter Susan Schmidt and independent counsel Kenneth Starr -- as well as numerous other journalists -- responded harshly to an article by Steven Brill in the premiere issue of his new magazine, Brill's Content. Brill specifically responds to Schmidt and stands by his quotes. Starr sharply criticizes Steven Brill (former co-owner and founder of Court TV) for allegations that Starr had improperly leaked information to the press regarding his investigation of the Monica Lewinsky matter and said that Brill had launched a "reckless and irresponsible attack border[ing] on the libelous." Starr maintains that he did not act inappropriately by violating rule 6(e), a law that governs the issue of secrecy in grand jury proceedings.
Starr Asks Supreme Court to Intervene on Secret Service Fight
Independent Counsel Kenneth Starr asked the Supreme Court on June 2, 1998 to intervene yet again -- this time in his attempt to compel Secret Service agents to testify in his investigation of the president. Starr wrote "We will be blunt: The nation has a compelling interest that this criminal investigation of the president of the United States conclude as quickly as possible ... The court's immediate review would powerfully serve that vital goal." Starr hoped to argue the issue of Secret Service and White House aides privilege before the Court on June 29, but on June 4, the Supreme Court denied his request to intervene on an emergency basis.
Merlettil Declaration on the Secret Service
Lewis C. Merletti, Director of the Secret Service, submitted the following memorandum to the U.S. District Court in opposition of the Independent Counsel's motion to compel the Secret Service to testify in the investigation of President Clinton. Merletti asserts that compelling the Secret Service to testify before a grand jury would have dangerous repercussions on the president's safety. He states that "If our Presidents do not have complete trust in the Secret Service personnel who protect them, they may push away the Service's 'protective envelope,' thereby making them more vulnerable to assassination."
Starr Appeals to Supreme Court on Executive Privilege
Independent Counsel Kenneth Starr asked the Supreme Court on May 28, 1998 to bypass the appeals court and rule on whether President Clinton can prevent his top aides from testifying based on the principle of executive privilege. Bypassing an appeals court is a rarely employed maneuver and the Supreme Court has granted such petitions only a handful of times. Starr asked for an accelerated decision, suggesting the Court would hear oral arguments as soon as June 29, a day before the current term ends. The White House announced on June 1 that Clinton would not appeal the ruling by Judge Norma Holloway Johnson based on executive privilege, but would base his on solely on grounds of attorney-client privilege.
White House Memo on Executive Privilege
This excerpted and redacted memo submitted to U.S. District Judge Norma Holloway
Johnson and unsealed on May 27, 1998 outlines the White House argument for why Clinton
aides Bruce Lindsey and Sidney Blumenthal would be protected from testifying before a
grand jury hearing evidence in the Monica Lewinsky investigation.
Judge Orders White House Aides to Testify
In a ruling issued May 26, 1998 U.S. District Judge Norma Holloway Johnson ordered two White House Aides, Bruce Lindsey and Sidney Blumenthal, to testify in Ken Starr's investigation of President Clinton.
Secret Service Must Testify in Clinton Investigation
A federal judge issued a ruling on May 22, 1998 compelling Secret Service agents to testify about President Clinton's relationship with former White House intern Monica Lewinsky. U.S. District Judge Norma Holloway Johnson denied the Secret Service's invocation of "protective function privilege," arguing instead that as law enforcement officials, the Secret Service has a duty to "report criminal activity." Judge Johnson also ruled that, "The Court is not ultimately persuaded that a President would put his life at risk for fear that a Secret Service agent might be called to testify before a grand jury about observed conduct or overheard statements."
Kendall Accuses Starr of Leaking Ruling
Starr's Response
Clinton attorney David Kendall sent this May 6 letter to independent counsel Ken Starr, accusing him of leaking to the media a sealed ruling by U.S. District Judge Norma Holloway Johnson that refuted a White House claim of executive privilege. Starr's office quickly responded to Kendall's charge, calling it "reckless."
Justice Department Asks Starr To Investigate Possible Witness Tampering
Starr's Response
Deputy Attorney General Eric Holder Jr., in a April 9, 1998 letter, recommends that Independent Counsel Kenneth Starr investigate allegations that David Hale, a key witness in the Whitewater investigation, received cash and gifts from conservative activist Richard Mellon Scaife. In a letter to Attorney General Janet Reno, Starr says that the incident "occurred almost entirely before the point at which I became Independent Counsel" and asks that they meet to seek "alternate mechanisms" to ensure an unbiased investigation of these allegations of witness tampering.
Ken Starr Declines Pepperdine Post
Ken Starr announced on April 16 that he will not accept the post of dean of Pepperdine University's School of Law and the School of Public Policy. In the following letter, Starr explained his reasons for the decline, citing "The work of [the Office of the Independent Counsel], however, has expanded considerably, and the end is not yet in sight."
Monica Lewinsky Affidavit
Monica Lewinsky submitted the following affidavit (released to the public on March 13, 1998) to Paula Jones' attorneys on January 16, 1998. Lewinsky, who is refer to as "Jane Doe" in this document, denies having sexual relations with President Clinton. She states, "he did not offer me employment or other benefits in exchange for a sexual relationship, he did not deny me employment or other benefits for rejecting a sexual relationship."
Kendall's Letter to Starr
Starr's Response to Kendall
On February 6, 1998 attorney David Kendall, who represents President Clinton in the Whitewater matter, accused Kenneth Starr and his office of leaking sensitive information about ongoing grand jury proceedings in his investigation of Monica Lewinsky and the President. He cited numerous news reports that contained information from sources indicated to be involved with Starr's probe. Starr immediately responsed to Kendall and criticized him for his "strange and inappropriate" charges. The following Monday, Kendall filed a motion under seal, presumably asking the court to commence a contempt hearing against Starr.
Motion to Lift Gag Order
Eleven news organizations -- including the New York Times, CNN, the major broadcast networks and Time Magazine -- and a journalists' rights group argue in this February 4, 1998 motion that Judge Susan Webber Wright should lift the October 1997 restriction placed on all discovery and filings in the Jones case in order to reduce the number of anonymous leaks from the case found in reporting on the Lewinsky scandal.
Order Regarding Secret Service
On January 30, 1998 Judge Susan Webber Wright ruled that the Secret Service did not have to give testimony in the case because it could imperil their work protecting the President and because it was not essential to Paula Jones' case.
Ruling on Lewinsky Evidence
On January 29, 1998 U.S. District Judge Susan Webber Wright ruled that while evidence in Jones about former White House intern Monice Lewinsky might be "relevant" to the case, it was not "essential" and could not be used at trial. Her ruling effectively separated Jones from independent counsel Kenneth Starr's investigation and made it possible to accede to Starr's request to get Paula Jones' lawyers to stop running a parallel investigation without actually granting Starr's request to the court.
Request to Expand Starr's Investigation
On January 16, 1998 Attorney General Janet Reno asked a panel of three federal judges to expand the scope of independent counsel Kenneth Starr's investigation to include allegations that former White House intern Monica Lewinsky had lied under oath or suborned perjury and that President Clinton was involved with her actions and may have committed one of those crimes himself. The judges approved her request.
Gag Order in Jones v. Clinton
The full text of U.S. District Judge Susan Webber Wright's order sealing discovery and filings in the Paula Jones sexual harassment case. A deposition of the President and an affidavit from Monica Lewinsky are both officially unavailable to the public because of Wright's gag order. Several media organizations have petitioned Judge Wright to lift the order.
Whitewater Independent Counsel Appointment Order
The following is the August 1994 order appointing Kenneth Starr as the Independent Counsel of the Whitewater investigation.
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