Sue Hartigan <[EMAIL PROTECTED]> writes: Clinton Loses Executive Privilege > WASHINGTON (AP) -- A federal judge rejected President > Clinton's effort to use executive privilege to block > certain testimony by his senior aides in the Monica > Lewinsky investigation, The Associated Press learned > Tuesday. > > Meanwhile, prosecutors finished their work with an > Arkansas grand jury that had investigated Whitewater > for two years and turned their attention back to > presidential friend Vernon Jordan, questioning him a > third time before a grand jury in Washington. > > The White House could appeal the executive privilege > ruling, confirmed by several lawyers familiar with the > legal dispute between the administration and > Independent Counsel Kenneth Starr. Any decision to > appeal would further delay Starr's investigation into > whether Clinton had sex with Ms. Lewinsky, lied about > it or urged others to lie. > > The White House and Starr's office declined comment, > citing the fact that the issue is under court seal. > > At the height of the Watergate scandal in the summer of > 1974, the Supreme Court took about six weeks voted to > uphold U.S. District Judge John Sirica's decision > against President Nixon, who invoked executive > privilege to deny access to tape-recorded conversations > in the White House. Nixon resigned five weeks after the > Supreme Court ruled amid impeachment proceedings in the > House of Representatives. > > One lawyer familiar with the new decision, speaking on > condition of anonymity, said U.S. District Judge Norma > Holloway Johnson concluded that prosecutors' interest > in obtaining testimony outweighed the president's > interest in keeping confidential the advice he received > from his aides. > > The ruling means that, absent an appeal, aides like > Bruce Lindsey and Sidney Blumenthal must answer the > questions they earlier refused to answer before the > grand jury on executive privilege grounds, the lawyers > said. > > Speaking on condition of anonymity, the lawyers also > said the judge's ruling left open the possibility the > White House could make a separate claim of > attorney-client privilege in trying to block testimony > by Lindsey. > > Lindsey, the president's closest adviser, is a White > House deputy counsel. > > Clinton has publicly refused to even acknowledge he > invoked executive privilege. Aides speaking on > condition of anonymity have said the claim was limited: > It pertained to grand jury questioning about White > House strategy, not about the president's relationship > with Ms. Lewinsky. > > Prosecutors, meanwhile, moved their investigation > forward on two fronts. In Arkansas, they bid farewell > at a brief courthouse pizza party to 24 grand jurors in > Little Rock who had investigated Whitewater the past > two years. > > The grand jurors wrapped up their work by indicting > former Whitewater business partner Susan McDougal on > Monday, and were dismissed Tuesday -- two days before > their term expired. > > Prosecutors indicated they would shift the Arkansas > evidence and any remaining decisions to Washington, > where the Lewinsky probe and separate inquiries into > possible obstruction of justice by the White House are > ongoing. > > Charles Bakaly, Starr's spokesman, said it was still > possible that prosecutors could seek a new grand jury > in Arkansas to hear additional evidence. ``That is a > possibility, but there's been no decision about that,'' > he said. > > Mrs. McDougal issued a defiant statement promising, > ``If they expect to see the same passive woman'' who > was convicted in a previous Whitewater trial, ``they > are in for a surprise. I intend to fight these > charges.... There is a great deal of information that > has not yet come to light.'' > > The federal grand jury investigating the Lewinsky case > called Jordan, a Washington power broker and frequent > golfing partner of Clinton, for testimony a third time. > In addition, sources familiar with the investigation > said that Clinton's personal secretary, Betty Currie, > will testify this week. > > She and Jordan have testified previously and both > befriended former Ms. Lewinsky, a onetime White House > intern, raising questions of whether there was an > effort to keep her quiet about a possible presidential > affair and coverup. > > Leaving the courthouse, Jordan said he ``answered all > of the questions truthfully, honestly and to the best > of my ability. ... I believe that I will be called > again and if so, I shall return.'' > > Investigators are interested in why Mrs. Currie and > Jordan were so interested in getting Ms. Lewinsky a > private sector job -- especially whether this was an > attempt to urge her to lie under oath in the Paula > Jones lawsuit about the nature of her relationship with > the president. > > After his March testimony, Jordan told reporters he > helped Ms. Lewinsky search for private employment in > New York and introduced her to her first attorney. He > also said he ``kept the president of the United States > informed about my activities.'' > > But Jordan insisted that he ``did not in any way tell > her, encourage her, to lie; and secondly, that my > efforts to find her a job were not a quid pro quo for > the affidavit that she signed'' in the Paula Jones > case. In that affidavit, Ms. Lewinsky denied having an > affair with Clinton. > > While Jordan testified, a federal appeals court panel > upheld a lower court's decision to conduct closed > proceedings on matters related to the Lewinsky > investigation -- including executive privilege, grand > jury leaks and a subpoena to the former intern's first > lawyer. > > The three-judge panel of the U.S. Court of Appeals > denied a motion by a dozen news organizations, > including The Associated Press, for immediate access to > proceedings and papers on the related issues. -- 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
