-Caveat Lector-

Dems: Let DOJ take over Clinton probe

Thursday, 18 January 2001 15:29 (ET)
By MICHAEL KIRKLAND
UPI Legal Affairs Correspondent


WASHINGTON, Jan.  18 (UPI) -- Twelve Democratic members of the
House Judiciary Committee urged independent counsel Robert Ray in
a letter Thursday to turn over his investigation of President
Bill Clinton to the Justice Department.

Ray has said he would announce shortly whether he will ask a
sitting grand jury to indict the president in the Monica Lewinsky
scandal after Clinton leaves office.

Although Ray is thought to be leaning against an indictment,
there is even less enthusiasm in the incoming Bush administration
for a Clinton prosecution on the same grounds that brought the
president's impeachment in late 1998 and acquittal in the Senate
in early 1999.

President-elect George W.  Bush has said Clinton should be
allowed to "get on with his life." Senate Judiciary Chairman
Orrin Hatch, R-Utah, has said that he doubts there is "a jury in
the United States" that would convict the popular ex-president,
and has urged Bush to grant Clinton a pre-emptive pardon -- even
though Clinton has said he doesn't want one, and Bush has said he
wouldn't issue a pardon before someone is prosecuted.

A Ray spokeswoman said Thursday afternoon that the independent
counsel's office had just received the Democratic letter and
would have no immediate comment.

The 12 Democrats sending the letter were led by Rep.  John
Conyers Jr., D-Mich., the ranking minority member on the
committee.

Their letter asks Ray to "turn over the remaining matters within
your jurisdiction to the Department of Justice, effective Jan.
21, 2001, the first full day of the new Bush administration"
following Saturday's presidential inauguration.

The Democrats pointed out that Ray's predecessor, Kenneth Starr,
"has already gone on record in favor of returning the office's
outstanding cases to the department" when he resigned in October
1999.  The turnover was rejected by Attorney General Janet Reno.

Even if a continuing investigation could be sustained after
Congress let the Independent Counsel Act expire in 1999, "it
would seem impossible to justify the continuation of the
existence of an independent counsel after (both) the law has
expired, and after the conflict of interest has evaporated by
virtue of the fact that the Clinton administration is no longer
in power," the Democrats said.

"...We urge you to recognize that a decision by you to continue
the existence of your office after the expiration of the law and
the end of the Clinton administration would likely be perceived
as partisan," they added.

Ray has hired new prosecutors within the last several months and
has been presenting evidence to a Washington grand jury.  The
grand jury appears to be mostly made up of whites, an anomaly in
Washington, where blacks make up the vast majority of the
population, according to courthouse insiders.

Grand jury matters are kept secret, and Ray has not commented on
its makeup.

The independent counsel has said publicly he is considering
charging Clinton with perjury and obstruction of justice in the
Lewinsky case, the same grounds that Starr used to recommend
articles of impeachment to the Republican-dominated House in
1998.

It is not clear whether indicting Clinton on the same grounds
would be constitutional.  The Constitution makes it clear that an
official indicted in the House, convicted in the Senate and
removed from office can still be "subject to indictment, trial,
judgment and punishment, according to law."

But the Constitution is silent on officials who are indicted in
the House and acquitted in the Senate.  Clinton's lawyers might
try to argue before a federal judge that trying to prosecute the
ex-president after his Senate acquittal would constitute double
jeopardy.


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             Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT

  FROM THE DESK OF:
                     *Michael Spitzer*  <[EMAIL PROTECTED]>
                      ~~~~~~~~~~~~~~~
  The Best Way To Destroy Enemies Is To Change Them To Friends
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