Obama Follows a Tradition of Testifying for Prosecutors http://www.nytimes.com:80/2008/12/26/us/politics/26testify.html?th&em... Every president for more than three decades has had to talk with federal prosecutors at one time or another. President-elect Barack Obama may have set a land-speed record by giving his first interview to investigators even before taking the oath of office.
Mr. Obama sat down last week with four investigators looking into the suspected effort to sell his former Senate seat. As a witness, rather than a target, Mr. Obama seems to have had an easier time with the experience than some of his predecessors. But it is certainly not the way he wanted to begin his presidency. “Here the guy hasn’t even gotten his tuxedo for the ball yet and already there’s a prosecutor who wants to talk him,” said Robert S. Bennett, one of Washington’s most prominent lawyers, who has represented members of Congress, cabinet secretaries and even President Bill Clinton in all manner of politically charged cases. “It’s the era that we live in.” Another reflection of the era is that Mr. Obama and his team evidently made no effort to avoid the interview. In the past, some presidents have cooperated with prosecutors or court proceedings only reluctantly, delaying or trying to limit the parameters of their involvement while expressing concern about their prerogatives as the head of the executive branch. But in recent years, the practice has grown so commonplace that Mr. Obama’s aides said there was never any debate about whether he would answer questions. “There was absolutely no hesitation whatsoever about making him available — none,” said one person involved in the transition. Mr. Obama was interviewed last Thursday at his Chicago transition office by two assistant United States attorneys and two agents from the Federal Bureau of Investigation looking into alleged efforts by Gov. Rod R. Blagojevich of Illinois, a Democrat, to profit from his appointment of Mr. Obama’s successor to the Senate. Mr. Obama was accompanied by his personal lawyer, Robert F. Bauer, and an associate, but not by Gregory B. Craig, who has been designated the new White House counsel, Obama advisers said. The United States attorney in Chicago, Patrick J. Fitzgerald, who is leading the investigation into Mr. Blagojevich, did not attend. The two-hour interview was not recorded or conducted under oath, although one F.B.I. agent and Mr. Bauer’s associate took copious notes, and it is a felony to lie to federal investigators even without being sworn in. Mr. Obama answered every question posed and his lawyers made no objections, according to one adviser to the president-elect. Two of Mr. Obama’s aides were interviewed separately, and he made no effort to block his advisers from answering questions, as some past presidents have done. Rahm Emanuel, the incoming White House chief of staff, brought his lawyer, W. Neil Eggleston, a prominent Washington lawyer who was White House associate counsel under Mr. Clinton. Valerie Jarrett, named a senior presidential adviser, was accompanied by Vincent J. Connelly, a Chicago lawyer who was an assistant United States attorney. Mr. Eggleston declined to comment Wednesday, and Mr. Connelly did not respond to an e-mail message. The precedent of presidents’ agreeing to be interviewed by law enforcement authorities can be traced back 200 years to when Thomas Jefferson offered to provide testimony for use at the treason trial of his former vice president, Aaron Burr. James Monroe provided answers at the White House to questions for the court martial of an appointee. Ulysses S. Grant wanted to testify at the corruption trial of his secretary, but was talked out of it by his cabinet. Instead, he gave a deposition, presided over by the chief justice of the United States, at the White House. But those were rarities until Watergate. Ever since, every president has been called to talk with the authorities, either as a witness or a subject. President Gerald R. Ford provided videotaped testimony in the trial of a woman who tried to assassinate him. President Jimmy Carter gave depositions or testimony in several proceedings against others. After leaving office, Ronald Reagan provided videotaped testimony in the Iran-contra trial of an aide while the elder George Bush was interviewed about the scandal while still vice president. Mr. Clinton provided sworn testimony at least 10 times, according to David E. Kendall, his lawyer in the Whitewater and Monica Lewinsky investigations. His testimony to the grand jury about his relationship with Ms. Lewinsky became the basis for an article of impeachment passed by the House but later rejected by the Senate. The current President Bush was interviewed by Mr. Fitzgerald for 70 minutes about the leak of a C.I.A. officer’s name. --~--~---------~--~----~------------~-------~--~----~ Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more. -~----------~----~----~----~------~----~------~--~---
