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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

PAGE 1  |  2  |  3  |  4  |  5




Daily

September 21, 1998

COVER STORY
The Clinton presidency hangs in the balance

HIGH CRIMES?
The Constitution is vague

THE REPORT
Starr lays out a detailed--some would say prurient--case for impeachment

SCORECARD
Did the report go too far?

ON THE SIDELINES
Hillary is standing by her man, barely


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