Sue Hartigan <[EMAIL PROTECTED]> writes: Evidence found lacking against first lady, but McDougal indicted again for contempt WASHINGTON, May 4 — Hillary Rodham Clinton will not be indicted in the Whitewater investigation, sources close to the investigation told NBC News on Monday. The sources said the decision was not a close call. Independent counsel Kenneth Starr found the evidence was simply not strong enough for what would have been an unprecedented indictment of a first lady, they said. BUT WHITEWATER business partner Susan McDougal did not escape. She was indicted on new charges related to her refusal to tell a grand jury what she knows about President Bill Clinton’s and Hillary Clinton’s business dealings. The indictment, handed down by a grand jury that is completing its last week of work, charged McDougal with two counts of criminal contempt of court and one count of obstruction of justice. The charges come nearly two years after she first refused to testify before a federal grand jury after being convicted by a jury on fraud charges related to the failed savings and loan at the center of the original Whitewater investigation. Legal observers said that just because Hillary Clinton was not indicted doesn’t mean she’s out of trouble. Former independent counsel Michael Zeldin told MSNBC’s “Internight” that though the Arkansas grand jury found no wrongdoing on Whitewater matters, the first lady will still need to justify the missing FBI files and the firings in the travel office to a separate Washington, D.C., grand jury. Other attorneys said Starr may have foregone an indictment against the first lady in part so that prosecutors can focus their attention on allegations against the president. “Starr is learning to go after what he thinks is important,” criminal defense attorney Pam Metzger told MSNBC. In the past, she said, Starr has had a “political tin ear.” But Zeldin told MSNBC that Starr should get some credit for his exercise of judgment. “In the end, he did what he was empowered to do, which is to hear the evidence,” Zeldin said. MCDOUGAL: 18 MONTHS AND COUNTING McDougal has already served 18 months for civil contempt for refusing to answer questions before the grand jury, the maximum time a federal judge can order. She was freed in March and is currently serving a prison sentence for the fraud charges stemming from her 1996 trial. She was brought back before the grand jury again last month and again refused to answer prosecutors’ questions. U.S. Marshals escort Susan McDougal to the Little Rock, Ark., federal building in April. William Henley, Susan McDougal’s brother, said before the indictment that she expected to take any new charges to trial so that she can present evidence concerning recent allegations that a key prosecution witness may have received financial assistance from conservative critics of President Clinton. “I think it is going to give us an opportunity to show what a tainted investigation this was. ... If it will give us the opportunity bring evidence forward and to bring witnesses forward, Susan is more than willing to go through this,” Henley said. He said his sister had been informed by prosecutors in a letter that she would be indicted if she refused to talk by noon Monday. The grand jury in Arkansas, which is set to expire Thursday after two years of work, reconvened Monday. Starr has not said whether he would ask for a new grand jury, although he has said he was eager for the current panel’s work to be complete. The investigation has narrowed its focus in recent months to Hillary Clinton’s legal work for the savings and loan that McDougal once owned with her former husband, the late James McDougal. -- Two rules in life: 1. Don't tell people everything you know. 2. Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues