http://www.trib.com/HOMENEWS/WASH/AAClinton_Willey26.html
Appeals court refuses emergency relief for Clinton
By PETE YOST
Associated Press Writer
WASHINGTON (AP) - A federal appeals court today refused to intervene in a
lawsuit in which a judge found President Clinton committed a criminal
violation of the Privacy Act by releasing letters of presidential accuser
Kathleen Willey.
The three-judge panel strongly criticized U.S. District Judge Royce
Lamberth's decision regarding Clinton, but the appeals judges said "we do
not take seriously" arguments by the White House that the work of the
president and his aides is hurt by the ruling.
"The district court's observations on alleged criminal activity are entirely
superfluous," but they are not binding and so there is "no basis" for the
appeals court to intervene, all three appeals judges said in their ruling.
"District court decisions do not establish the law of the circuit" and "the
members of the White House Office are under no real threat of criminal
prosecution," the appeals judges declared.
The decision stated that the appeals court can deal with the issue when the
lawsuit filed by a conservative group, Judicial Watch, ends.
It is highly unusual for appeals courts to involve themselves in cases
before they are disposed of.
The 3-0 ruling was by judges Harry Edwards, a Carter appointee; David Tatel,
a Clinton appointee; and Douglas Ginsburg, a Reagan appointee.
The White House had argued that Lamberth's ruling would chill confidential
discussions between the president and his top aides. But the appeals court
said "there has been no showing of harm of the sort required to justify the
drastic remedy" of stepping into the middle of an ongoing lawsuit.
In a March 29 ruling, Lamberth, a Reagan appointee, found the president had
the requisite intent to commit a criminal violation of the Privacy Act when
he authorized the release of Willey's letters in the midst of the 1998
criminal investigation that led to Clinton's impeachment and acquittal.
White House aides viewed the Willey correspondence with the president as
vital to undercutting her allegation that Clinton made an unwanted sexual
advance. Much of Willey's friendly correspondence with Clinton came after
the alleged 1993 encounter.
The lawsuit concerns the Clinton administration's alleged violation of the
Privacy Act by gathering hundreds of FBI background files of former Reagan
and Bush appointees.
Although the case began with the FBI files issue, Lamberth gave Judicial
Watch latitude to explore whether the White House routinely gathered and
released damaging information about its political opponents, a decision that
led to inclusion of the Willey letters even though Willey is not a party to
the suit.
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