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<http://www.msnbc.com/news/525024.asp>

Clinton says Israel influenced pardon

Amid the firestorm over fugitive financier Marc Rich¹s pardon,
former President Clinton said Thursday in an interview with
CNBC¹s Geraldo Rivera that Israel influenced him ³profoundly² in
granting the pardon. In his first extensive comments, Clinton
said he was ³bewildered² by the controversy and that there was
not a ³shred of evidence that I did anything wrong.²

CLINTON, IN A phone interview with the host of CNBC¹s ³Rivera
Live,² said he was ³blindsided² by the furor over the pardon for
Rich, who faces tax evasion and other charges.

³I have no infrastructure to deal with this, no press person. I
just wanted to go out there and do what past presidents have
done, but the Republicans had other ideas for me,² said Clinton.


³There¹s not a single, solitary shred of evidence that I did
anything wrong, or that his (Rich¹s) money changed hands,² he
said. ³And there¹s certainly no evidence that I took any of it.²

He also said his political enemies were trying to use the pardon
for partisan gain. ²(Rich) had three big-time Republican lawyers,
including (Vice President) Dick Cheney¹s chief of staff,² he
said. ³Marc Rich himself is a Republican.²

Rivera told MSNBC the former president sounded ³beleaguered² on
the phone. ³He is sincerely shocked by all of the noise and
hubbub surrounding this. He had no idea that it would be this
tidal wave and that he would find himself once again on the front
pages of every newspaper defending himself against the charges of
his political enemies,² said Rivera, a long-time friend of
Clinton¹s.


ISRAEL¹S ROLE

During the interview, Clinton said campaign funding played no
role in the pardon, but added, ³I¹ll tell you what did influence
me ‹ Israel did influence me profoundly.²

It was unknown whether Clinton elaborated during the interview.

The Associated Press reported Thursday that Rich has been a
long-time supporter of Israel¹s Labor Party, including acting
Prime Minister Ehud Barak and former Prime Minister Shimon Peres.

The Belgian-born Rich grew up in the United States but renounced
his U.S. citizenship. He holds Israeli and Spanish citizenship
and has lived in Switzerland since 1983. He was indicted in the
United States on charges of evading more than $48 million in
taxes, fraud and conducting illegal oil deals with Iran.

Over the past 20 years, Rich has contributed $70 million to $80
million to Israeli hospitals, museums, symphonies and to help
settle immigrants, said Avner Azulay, head of the
multimillion-dollar Rich Foundation in Tel Aviv.

Azulay, the former chief of Israel¹s Mossad spy agency, said he
believed Clinton pardoned Rich, in part, because of his role in
helping Israel get Jews out of Ethiopia and Yemen.

Azulay said he helped collect the testimonials from prominent
Israelis that played a role in obtaining the 11th-hour pardon,
now subject of congressional hearings and a federal probe. He
wouldn¹t say how many statements were collected, but that Barak
and Peres had spoken to Clinton about Rich.

Barak spokesman Gadi Baltiansky confirmed that the prime minister
raised the subject in a recent conversation with Clinton, but
refused to elaborate. Peres declined comment.


TRAIL OF E-MAILS

E-mails subpoenaed by Congress and now part of the public record
reveal intensive behind-the-scenes efforts to engineer a pardon
for Rich.

Barak¹s name is mentioned repeatedly. In one e-mail, Azulay
suggests asking the White House to delay making a decision until
leading Israelis such as Barak and Foreign Minister Shlomo
Ben-Ami ³can make their appeals.²

An e-mail from Robert F. Fink, one of Rich¹s lawyers, emphasizes
the importance of high-level Israeli support. ³So do not let up,²
Fink wrote.

Azulay also asked the Rich team to keep the prime minister¹s name
out of the press. ³It¹s important to keep all politicians¹ names
out of the story ... this is election time here and has a
potential of a blowup,² Azulay wrote.

Former Mossad chief Shabtai Shavit said he recommended to Clinton
that Rich be pardoned because the billionaire¹s business ties
helped Israel get Jews out of Ethiopia, Sudan and Yemen
-countries without diplomatic ties to the Jewish state at the
time.

In a Nov. 28 letter to Clinton, Shavit, who headed the Mossad
from 1989 to 1996, wrote that he asked Rich for assistance in the
search for missing soldiers and ³help in the rescue and
evacuation of Jews from enemy countries.²

³Israel and the Jewish people are grateful for these unselfish
actions, which sometimes had the potential of jeopardizing his
own personal interests and business relations,² the letter said.


MIDEAST TIES

Rich, 66, has never lived in Israel, but has given to a series of
charities, from funding a program for young Diaspora Jews
studying at a Jewish seminary in the West Bank, to a health
program for Palestinian children in the Gaza Strip.

In northern Israel, he built a home for autistic children. He
gave millions of dollars to Israeli medical centers to research
treatments for leukemia, the disease that took his daughter
Gabrielle¹s life in 1996, at age 27.

³He has helped Israel address its social problems and provide for
its security needs,² Israeli Parliament Speaker Avraham Burg said
in a letter to Clinton, included in the e-mail traffic.

Rich last visited Jerusalem in early January ‹ before the pardon
‹ and met with Barak and other leading Israeli politicians,
according to the e-mails. He also mingled with young Diaspora
Jews visiting Israel as part of the Birthright Israel program to
which he contributed $5 million. The program sends Jews to
Israel, all expenses paid, to foster ties with the state.


IMMUNITY DEAL DELAYED

Meanwhile, sources told NBC News that House investigators seeking
immunity for Denise Rich, Rich¹s ex-wife, have agreed to wait at
least a week while the federal prosecutor in Manhattan conducts a
preliminary investigation of the pardon.

The House Government Reform Committee agreed to the delay out of
concern that granting immunity to Denise Rich could interfere
with the prosecutors¹ investigation.

The committee¹s chairman, Rep. Dan Burton, R-Ind., wants immunity
for Denise Rich to compel her testimony. She has refused to
answer questions from the committee, citing her constitutional
right against self-incrimination.

The Justice Department has not yet decided whether to oppose
immunity, and will not do so until U.S. Attorney Mary Jo White¹s
office has determined whether to proceed with a full criminal
investigation. That decision could come as early as next week.

White, the U.S. attorney in the southern District of New York,
and local FBI chief Barry Mawn confirmed Thursday that they are
investigating the pardon of Rich, as well as that of his partner
Pincus Green.

³Various questions have been raised concerning the activities and
pardons of Marc Rich and Pincus Green,² White and Mawn said in a
joint statement issued after various news organizations reported
a preliminary investigation was under way. ³The United States
Attorney¹s office and the FBI New York office have opened an
investigation to determine whether there may have been any
violations of federal law. There will be no further comment.²


FINANCIAL RECORDS TO BE EXAMINED

Denise Rich, a songwriter, contributed an estimated $450,000 to
the Clinton Presidential Library Fund, more than $1.1 million to
the Democratic Party and at least $109,000 to Hillary Rodham
Clinton¹s Senate campaign.

Rich is a billionaire commodities trader who fled the United
States after he and his companies were indicted by federal
prosecutors on numerous counts of fraud, tax evasion and making
false statements. For the past 17 years, he has lived in
Switzerland and has avoided extradition to face the U.S. charges.
He claims to have renounced his U.S. citizenship, though the
State Department says it has no formal record of a request.
According to his attorney, he holds citizenship in Spain and
Israel.His lawyer claims Rich was prosecuted under federal
racketeering statutes that are no longer used. He also says Rich
faced criminal charges for what are generally considered to be
civil penalties -- punishible by fines but not jail. The
prosecutors who handled the case insist Rich could still be
prosecuted today under a different set of laws. President Clinton
says he differentiated the original charges from civil fines, and
points out he made Rich agree to retain liability for millions in
potential fines as a condition of the pardon. Prosecutors say
those fines can't be recovered.Rich hired lawyer Jack Quinn, a
former Clinton White House counsel, to take up his case. In 1999,
Quinn asked Deputy Attorney General Eric Holder to help
facilitate a review of Rich's case. When the original prosecutors
were not receptive, Quinn prepared a pardon application. Quinn
says he fully informed the Justice Department of his actions, but
Holder says he was only aware of Quinn's pardon efforts at the
last minute. On Jan. 19, 2001, less than a day before Clinton
issued the pardon and left office, Holder says, the White House
finally called him for his opinion on the pardon. Critics insist
he deliberately avoided scrutinizing the details.Denise Rich,
Marc Rich's ex-wife, is a major Democratic contributor. She gave
over $1 million to the Democratic party , along with personal
donations to the Clintons. Some critics believe the money was
given in return for her ex-husband's pardon. Marc Rich's lawyer
denies the allegations. Other have frowned upon the pardon
because Rich is a fugitive and tried to give up his U.S.
citizenship. They say he has shown no remorse for his infractions
and is not deserving of presidential clemency.No. Article II of
the Constitution gives the president the absolute power to grant
"Reprieves and Pardons" -- except in impeachment cases. Several
lawmakers, including Sen. Arlen Specter, R-Pa., who plans to push
for legislation to this effect, hope to change the pardon process
so that Congress has limited power to overturn presidential
pardons.


Prosecutors were expected to examine bank records, phone records
and other documents to determine if any criminal activity was
involved in the decision to pardon Rich, who had been wanted by
the Justice Department on charges of evading more than $48
million in taxes, fraud and participating in illegal oil deals
with Iran.

A source familiar with the investigation told the Associated
Press on Wednesday that White¹s office ³is trying to determine if
there was a transfer of money to buy the pardon.²


PROSECUTORS WEREN¹T CONSULTED

White, who was said to be furious over the pardon of Rich, said
that Clinton made his decision without consulting her office.

The New York Post reported this week that White, a Clinton
appointee, will be asked to stay on the job for at least three
more months by Bush¹s team.

Rich¹s indictment was filed when Rudolph Giuliani, who was
White¹s predecessor and is now the Republican mayor of New York,
was running the U.S. attorney¹s office.

On Thursday, Giuliani said an investigation of the pardon was
warranted. ³I certainly think the U.S. attorney has every right
to look into this. ... No one seems to understand why this pardon
was given,² he said.

Meanwhile, the House Committee on Government Reform announced
Thursday it had scheduled a second hearing into the pardon.

Witnesses at the March 1 hearing are expected to include Clinton
adviser Bruce Lindsay, former White House Counsel Beth Nolan,
Jack Quinn, an attorney for Marc Rich and himself a former White
House counsel, and former White House Chief of Staff John
Podesta. Nolan and Lindsey, who have refused to appear before the
committee, will be subpoenaed if necessary, committee staff
members said.

Democrats on the committee have threatened to call Cheney¹s chief
of staff, Lewis ³Scooter² Libby, who previously was Marc Rich¹s
attorney.

Further, committee lawyers also will write to Clinton asking him
to wave all claims of executive privilege and ask Rich to waive
claims of attorney-client privilege, the staff members said.


SENATE OPENS INQUIRY

The Senate Judiciary Committee on Wednesday opened its own
inquiry into the Rich pardon.

The first witness called before the committee, Roger Adams, the
government¹s pardon attorney, testified that the White House
didn¹t inform him that Rich was a fugitive from justice, saying
only that Rich and his business partner, Pincus Green, ³had been
living abroad for several years.²

After discovering that Rich and his indicted partner were
fugitives, Adams fired off a fax to the White House summarizing
the facts of their criminal case on charges of tax evasion, fraud
and participating in illegal oil deals with Iran.


Normally, the Justice Department requires that anyone asking for
a pardon has finished serving the sentence. It contacts judges,
prosecutors and victims before making a recommendation to the
White House.

Rich¹s Jan. 20 pardon was one of 141 by Clinton, who also
commuted the sentences of 36 others that day. Of the 177 total
clemency actions, 32 were not reviewed in advance by the Justice
Department¹s pardon attorney, which is the usual, though neither
legally nor constitutionally required, procedure.

President Bush on Tuesday bluntly opposed congressional
investigations of Clinton¹s 11th-hour pardons. ³My attitude is,
it¹s time to move on,² Bush told reporters, but he conceded that
³Congress is going to do what it¹s going to do.²



Notable Presidential pardons and amnesties

 € George Washington  € Andrew Johnson  € Theodore Roosevelt  €
Gerald Ford  € Jimmy Carter  € George Bush


1794: Pardoned two leaders of the Whiskey Rebellion, a
Pennsylvania uprising against the federal excise tax.

1865: Issued amnesty for ex-Confederates who would take an oath
of loyalty to the United States, excluding those who owned
property in excess of $20,000. Allowed wealthy ex-Confederates to
apply individually for pardons.

1902: Issued amnesty for followers of Filipino nationalist leader
Emilio Aguinaldo who had fought a guerrilla war to overthrow U.S.
control of the Philippines.

1974: Proposed conditional amnesty for Vietnam War draft evaders
and deserters with each case to be weighed individually.1974:
Pardoned ex-President Richard Nixon for crimes he may have
committed during his presidency.1977: Issued blanket pardon to
Vietnam War draft evaders, but not for military deserters.

1992: Issued pardon to former Defense Secretary Caspar Weinberger
and five other officials accused of or convicted of lying to
Congress about weapons sales to Iran and aid for the Nicaraguan
contra rebels.


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