Updated: Feb 24 1998 10:46AM

WASHINGTON: Is Ken Starr out of control? That's the contention of White House aide Sidney Blumenthal, who was called before the special prosecutor's 23-member grand jury Tuesday -- but will fight against appearing right down to the last minute. "This subpoena is an assault on the First Amendment," Blumenthal, a former journalist, said Monday night. "I'm incensed, outraged."

Starr: Subpoena scuffle. KHUE BUI/AP

Indeed, Starr appears to have gone off on somewhat of a tangent this time. Blumenthal's attorney, Jo Marsh, argues that the Whitewater prosecutor is trying to "intimidate the press" in search of the source of damaging leaks about two Starr aides. She has a point; Starr's request is for "any and all documents referring to... any contact directly or indirectly with a member of the media which related or referred to the OIC or any staff members of the OIC." Quite a mouthful -- Marsh claims this subpoena is so open-ended it could even apply to Blumenthal's previous life as a reporter.

There's a more subtle game being played out here -- an endgame, in fact, between Starr and the White House. Someone did leak information to the press about prosecutors Bruce Udolf and Mike Emmick's previous records of riding roughshod over defendants' rights. Blumenthal, a master of White House spin, is a plausible suspect. But by bringing his accusation out into the open, Starr risks losing yet more.public sympathy and congressional support. If his subpoena is thrown out, it could be a serious blow to the Lewinsky investigation.

-- Chris Taylor