Is There A Way Out?

(5 of 8)
It is already clear that Republicans will not accept any punishment that does not inflict some pain and suffering: Clinton would have to apologize once more, probably in the Well of the House or somewhere on Congress's turf; admit that he lied under oath, caused the nation, the government and the polity great damage; pledge to fix it with specific bipartisan proposals.

But it would not stop there: it is no use letting the President remain in office if the government can't function with him there. So a thorough housecleaning would have to come next. Republicans may demand that anyone found to have leaked damaging material about Hyde or other lawmakers be fired. Or Clinton may have to do something really hard: ask for the resignation of the fixers, the enablers, people who have served him most faithfully, like his longtime confidant Bruce Lindsey.

Finally, to run the Clinton Regency, the White House would need to draw back into action a blue-chip crew comparable to the one enlisted by Ronald Reagan to save his presidency after Iran-contra in 1986. As Powell, Howard Baker, Frank Carlucci and Ken Duberstein did then, the presence of Democratic veterans such as Leon Panetta in a return engagement, George Mitchell, Republican Pentagon chief William Cohen, perhaps outgoing Florida Governor Lawton Chiles would reassure the nation and Congress that the President is running a grownup shop, not a frat house or a cathouse, and would have their help in doing the nation's business.

Clinton needs two things in exchange. He gets to keep his job, and he gets immunity from prosecution. One person involved in the weekend maneuvers ruled out any deal that left the President "in legal, criminal jeopardy." Clinton will never confess as long as Starr keeps his two grand juries in session and refuses to rule out prosecuting Clinton once he leaves office.

But persuading Starr to back off is no mean challenge. The President and his aides have been attacking the prosecutor for years. Clinton's lawyer David Kendall persuaded a federal judge to launch two investigations into whether Starr leaked grand jury evidence to reporters. One way Kendall could extend the olive branch to Starr: drop the complaint.

If Starr cannot be persuaded to sanction a deal, there are two ways around him--one short, one much longer. Congress could grant Clinton immunity from prosecution in exchange for a deal. Such protections have gone before to people like Oliver North in exchange for their cooperation. Starr might not like that outcome, but there wouldn't be much he could do about it. Or Clinton might be persuaded to take his chances in court after leaving office, betting that any jury would feel that he had already paid his debt. If he is lucky, if he has not completely exhausted the country's reserves of compassion and patience, he may even get a chance to vindicate the choice made by those who are willing to show him some mercy.