-Caveat Lector-

"The jury's out in terms of whether Quinn blew one by Clinton, or
Clinton blew one by Quinn, or whether they're both laughing about
it," says one lawyer.


<http://www.washingtonpost.com/wp-dyn/articles/A1928-2001Feb13.html>

Jack Quinn's Sin

By Marjorie Williams
Wednesday, February 14, 2001; Page A25


One curious aspect of the widening scandal over Bill Clinton's
pardon of Marc Rich is the fury directed at Jack Quinn, the
former White House counsel who secured the prize for the fugitive
billionaire by a personal appeal to the departing president.

The capital is suddenly full of sagacious lawyers who wouldn't
have touched the Rich case with a 10-foot pole. Not that they'll
say so for the record. But obviously, they say, Quinn stepped
over the line in representing a client as controversial as Rich
before a former client (the president), when his success turned
out to do so much damage to Clinton's reputation. Their verdicts
on Quinn's role in the affair range from "inappropriate" to
"filthy."

"I'm not saying there's an ethical fault here for which he could
be censured," sniffs one of D.C.'s legal mandarins. "It's more a
question of taste."

Leave aside, for a moment, the fact that the condemnation of
Quinn casts Bill Clinton as the gulled innocent in the Rich
affair. The backbiting offers a rare glimpse at the unwritten
tenets of the Washington access culture. In truth, according to
the facts known so far, Quinn appears to have behaved with
impeccable lawyer's ethics here, advocating as strongly as
possible for his paying client -- so strongly as to jeopardize
his ties to his party's power brokers, including Clinton. His
real offense has two parts, neither of which has anything to do
with ethics.

The first sin was to get caught at a game that is played every
day of the week in Washington. In seeking a pardon for a
notorious fugitive who had never been tried, Quinn may have
played a gaudier hand than most do. But it was still just a
daring version of the trade that is plied by every lawyer in
Washington who claims a practice in "government relations."

Former congressional aides press their clients' interests over
cozy dinners with the committee chairs who have relied for years
on their advice. Former prosecutors take on criminal clients who
hope to strike advantageous deals with the lawyers' erstwhile
colleagues. Political fundraisers and consultants go into
business selling corporate access to the politicians they helped
put in office.

"Obviously, the majesty of the White House sort of changes the
cosmetics. But it's not really different," concedes a former
government official. "I advocate all the time on behalf of
clients, before people I worked very closely with. And I do it
before friends. People I have dinner with. It's not a big deal,
in Washington. If you eliminated the revolving door, you'd
eliminate 75 percent of the jobs in Washington."

The second part of Quinn's offense was made clear in last week's
House hearing chaired by Rep. Dan Burton (R-Ind.). In questioning
Quinn, panelist Paul Kanjorski (D-Pa.) cited the sacred principle
that "if my chief of staff or former legislative director, who
was a lawyer and left my office, would come to me to present a
petition, I would make the assumption that it wouldn't be just an
advocate's position, that they would arm me with the negatives
also, or make certain at least that they, in their own mind, were
going to be certain that I would gain that information that was
important to make that judgment."

In other words, When you guys come around on behalf of your
clients, you're supposed to be looking out for us, too. You don't
ask for anything that's too hard to give. You don't put your
former boss in harm's way by squeezing him for anything that
could end up on the front page. The outrage, then, isn't over a
former government employee using his personal relationships for
ends that have nothing to do with the public interest; it's over
his failure to take care of his former patron in the process. In
Washington, though this is never openly stated, the need to
protect one's old relationships trumps even the obligation to a
client.

This story is changing so fast, under the impetus of three
separate investigations, that opinion about Quinn's role in the
affair could shift. Certainly, news of large donations to the
Clinton presidential library by Rich's ex-wife, Denise, makes it
harder to cast Clinton as the clueless pawn of a determined
lawyer. "The jury's out in terms of whether Quinn blew one by
Clinton, or Clinton blew one by Quinn, or whether they're both
laughing about it," says one lawyer.

What you can count on is Quinn's eventual rehabilitation by his
peers. The outcry over his role in the affair will surely vanish,
just as soon as he fades from view as the awkward public reminder
of the capital's lucrative private culture.


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