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None of them were right, but Currie felt "the President wanted
her to agree with them," the report says. Starr charges that
Clinton, worried Currie might be called for a deposition, was
engaging in witness tampering. Clinton lawyer David Kendall
rejects the charge, arguing that Currie was not a witness in any
proceeding at the time (she was never called in the Jones
matter). Clinton, in his August grand-jury testimony, conceded
that Currie "may have felt some ambivalence about how to react"
to his words. He said he had always tried to prevent her from
learning of the affair. "[I] did what people do when they do the
wrong thing," he said. "I tried to do it where nobody else was
looking at it."
Three days later the scandal broke. That day Clinton got a call
from Dick Morris, his longtime consultant, who'd resigned in
disgrace amid his own sex scandal in 1996. "You poor son of a
b____," Morris said consolingly. The consultant testified that
he assured the President that "there's a great capacity for
forgiveness in this country, and you should consider tapping
into it."
"But what about the legal thing?" Morris says Clinton replied.
"You know, Starr and perjury and all?" Clinton had already
denied the affair in his Jones deposition, but, Morris says, the
President admitted to him that "with this girl I just slipped up."
Morris says he took a poll on the voters' willingness to forgive
confessed adultery. He phoned back a few hours later to tell
Clinton that voters would forgive adultery "but not perjury or
obstruction of justice." In other words, it was already too
late. Morris testified that Clinton said, "Well, we just have to
win then."
So the President denied the affair on television and in
one-on-one conversations with aides who, perhaps believing the
lie, repeated it endlessly when spinning the press and
testifying before the grand jury. He used the power of the
Executive Branch--the White House megaphone and the counsel's
office--to attack Starr and impede his investigation with a
series of privilege claims that were rejected by the courts.
Through such tactics, the independent counsel's report claims,
Clinton "abused his constitutional authority."
The charge echoes the second article of impeachment passed by
the House in 1974, the one that charged Richard Nixon with
"abuse of power." That count, an especially eloquent and
sorrowful passage in the impeachment record, accused Nixon of no
specific crime but rather of acting "in a manner contrary to his
trust as President and subversive of constitutional government,
to the great prejudice of the cause of law and justice and to
the manifest injury of the people of the United States." Such
abuse of power goes to the heart of the framers' conception of
high crimes and misdemeanors, by which they meant offenses
against the state and injuries to the Republic itself. Does
Clinton's conduct reach that level?
Anyone with children may easily say yes. Yet clearly, nothing
Clinton did sinks to the depths of what Nixon did, such as using
the IRS to hound opponents and dispatching the CIA to thwart an
FBI investigation. The claim that Clinton abused the counsel's
office by invoking privilege claims is "nonsense," said White
House counsel Charles Ruff, a respected former Watergate
prosecutor and U.S. Attorney. "He did so on my advice. I went to
the President and said the independent counsel is seeking to
intrude into the legitimate, confidential discussions you have
with your lawyers and that your senior staff have among
themselves. It is your obligation as the President to protect
the core constitutional interests of the presidency."
Some constitutional scholars argue that Clinton's more frivolous
privilege claims injured the presidency, because Supreme Court
rejection of the claims narrowed the circle of confidants any
President can count on. But whatever the merits of the ploy, it
is to Nixonian abuse as the Berkshires are to the Rockies.
What's more, Clinton's entire campaign of lies and obstructions
in 1998 was designed to combat an investigation that
Clinton--and many other Americans--viewed as fundamentally
illegitimate. The only justification for Starr's probe of the
Lewinsky affair--the reason Janet Reno authorized it--was an
alleged pattern of obstruction that Starr said stretched back to
the Whitewater case.
Starr believes that Jordan and other Clinton pals steered some
$540,000 in consultant contracts to former Associate Attorney
General Webster Hubbell in exchange for his silence about an
Arkansas land deal Starr was investigating. Starr saw the same
pattern in Jordan's attempts to steer Lewinsky into a job. But
Hubbell is barely mentioned in Starr's report. The independent
counsel repeats the Hubbell allegation but does not explore it,
or any other aspect of Whitewater. (Starr says he has not
decided "what steps to take, if any," in referring any other
matters to Congress.) The report is also silent on Travelgate
and the White House's alleged misuse of fbi files, implying that
no impeachable offenses have been uncovered in those matters. As
Clinton's defenders like to say, Starr spent four years and $40
million trying to prove substantive presidential wrongdoing,
came up dry, and then used Linda Tripp's tapes to set a trap to
catch the President in sordid personal behavior. Clinton's
obstruction of justice--shameful though it may have
been--amounted to trying to wriggle out of that trap.
Ken Starr's report, though lacking the balance of Watergate
independent counsel Leon Jaworski's effort 24 years ago, does
one thing quite clearly: it offers a portrayal of a President
who seems cunning but emotionally vacant, a man wasting his
talents and powers on an empty affair with a woman who was in
many ways still a child. Public revulsion may yet drive Clinton
from office--not because he has been proved a Nixonian crook but
because he has been proved an X-rated cartoon.
With reporting by J.F.O. McAllister, Jodie Morse, Elaine Shannon and Michael Weisskopf/Washington
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