-Caveat Lector-

Wednesday October 11 4:26 PM ET

Ray: White House Lawyers Hold Facts

By GREG TOPPO, Associated Press Writer

WASHINGTON (AP) - Independent Counsel Robert Ray's office has
accused a former White House attorney of ``inaccurate testimony''
and suggested to a judge that presidential lawyers made it
difficult for investigators to find subpoenaed documents.

Ray's office took the rare step of intervening in an unrelated
civil case involving missing White House e-mails to draw the
judge's attention to the practices of President Clinton's lawyers
during the 1998 investigation that led to his impeachment.

Though not a party to the lawsuit, ``this office has an
obligation to assure that inaccurate testimony is corrected,''
Deputy Independent Counsel Jay Apperson wrote in a letter dated
Oct. 5. The letter was made public Wednesday.

In the letter, Apperson challenged the veracity of former White
House lawyer Michelle Peterson's testimony in the lawsuit, and
urged U.S. District Judge Royce C. Lamberth to take ``appropriate
action.''

Peterson testified that White House lawyers always produced
subpoenaed documents to investigators ``as soon as anything was
found.'' And whenever requested documents turned up belatedly,
White House lawyers would ``explain why they hadn't been found
before,'' Peterson testified.

But Apperson wrote that Peterson knew this wasn't the practice of
White House lawyers. He said she was ``personally involved in the
failure to disclose to this office the belated discovery of an
important document'' during the Monica Lewinsky probe.

That document revealed that White House officials were concerned
that Lewinsky had been engaged in ``extracurricular activities''
inside the White House before they transferred her to a job at
the Pentagon. The memo became an important piece of evidence in
the report prosecutors sent Congress that initiated impeachment
proceedings against Clinton.

Apperson told the judge that Peterson ``made no effort to
disclose'' the belated discovery of the document, ``delayed
production of the document for over a week following its
discovery'' and then placed it in a package of 970 pages of
documents sent to prosecutors handling another case.

Apperson suggested to the judge that it was routine for the White
House to ``covertly transmit'' belatedly discovered documents
without calling attention to them.

He sent the judge a 1998 letter in which then-Special Counsel to
the President Lanny Breuer acknowledged to the Office of the
Independent Counsel that White House lawyers routinely sent newly
discovered documents to prosecutors without clearly stating their
relevance.

The letter also acknowledged that White House lawyers routinely
sent belatedly discovered material with documents required by a
different subpoena, without indicating that the material had been
ordered by a prior subpoena.

``Although we provide you with a production log, we do not
invariably and explicitly identify a recently discovered document
to you in our cover letter,'' Breuer wrote.

An official with the White House counsel's office on Wednesday
said he had not seen Apperson's letter and had no immediate
response. A phone call to Peterson's lawyer was not immediately
returned.

Attorney Larry Klayman, whose conservative legal group Judicial
Watch brought the e-mail lawsuit, said Apperson's letter shows
``a pattern and practice of obstruction of justice'' by the White
House.

He has alleged that the administration is dragging its heels in
restoring thousands of lost e-mails.

Klayman, who has put several administration officials - including
Peterson - on the stand since last summer, said Apperson's letter
``just explodes any defense that they have that the e-mail was a
matter of good faith.''

A programming error in 1998 prevented thousands of incoming
messages - including some from Vice President Al Gore's office -
from being archived. As a result, they were not reviewed by White
House lawyers to determine whether they should have been turned
over to investigators probing cases that included the Monica
Lewinsky scandal, Whitewater and campaign fund raising.

Ray is investigating whether the White House covered up the
e-mail problem in 1998 at the height of the Lewinsky scandal.
Presidential aides have denied any cover-up.


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