HOW STARR SEES IT
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During his interviews with TIME, Starr's basic civility was always on
display. His detractors tend to view this refined manner as gaudy
camouflage for fanaticism. But Starr's elaborate politesse runs deep: it is
both a key part of his self-image and a buffer against the world. He
insisted that his prosecutors refer to Clinton as "the President" even as
they gathered evidence to impeach him. And his response to verbal assaults
(such as Clinton lawyer David Kendall's promise that if Starr questioned
Clinton about embarrassing sexual details, "I will fight you to the knife")
is often nothing more than a knitted brow--a defense, a rebuke, a way of
reassuring himself that he's made of better stuff. Starr wants to disagree
without being disagreeable. During a flag-burning case before the Supreme
Court, Solicitor General Starr once tried to have a nice chat with his
opponents, raggedy members of the Revolutionary Communist Party. (They
wanted nothing to do with him.) In the same way, the practiced cadences of
Starr's speech--each thought qualified, calibrated, modified by one or more
careful subordinate clauses--is an elegant and pre-emptory shield.
When Starr took the independent counsel's job in 1994--against the advice
of virtually everyone he knew--he was immediately assailed as a partisan
Clinton stalker. It was an unusual position for him since he'd always
enjoyed being the Democrats' favorite Republican--a lawyer trusted enough
to be asked to review Senator Bob Packwood's private diaries, a
conservative judge with serious credentials as a defender of the First
Amendment. He had even ruled in favor of the Washington Post in a big libel
suit. "[When] the attacks began," Starr says, "I started saying, 'Well, how
do you respond?' And one of the things I said was, 'I will try to bring the
qualities of the judge [to the investigation]...eschew political
considerations and personal predilections, and [try] to be as steadily
neutral as possible."
And there is some solid evidence that he meant it. Most of the charges
leveled against Starr--that he colluded with Linda Tripp and the lawyers
for Paula Jones to entrap Clinton, that his men mistreated Lewinsky in
their long Jan. 16 session with her--turn out to have little basis in fact,
according to an investigation by TIME. Starr's last known contact with the
Jones team, for example, came years before he ever heard of Lewinsky;
Tripp--who clearly did collude with Clinton haters--had been briefing the
Jones lawyers about Lewinsky for two months before she made her approach to
Starr.
Starr has also been accused of discouraging Lewinsky from contacting her
lawyer and of pressing her to wear a wire to set up the President. But
Starr insists there was never a plan to secretly tape Clinton. Instead, he
says, it was Betty Currie who might have been taped. And many of the
actions of his prosecutors that day were approved in advance by senior
Justice Department officials--including the outlines of the effort to
persuade Lewinsky not to call her attorney, whom Starr and his men
suspected was part of the obstruction conspiracy. Starr argues that his
team's moves were monitored by a Justice Department official; that man,
Administration sources told TIME, was Josh Hochberg, then deputy chief of
the public-integrity unit. He was there to say "watch out for this, or
watch out for that," Starr says. He took copious notes, asked questions but
raised no red flags. Justice Department sources confirm that Starr's office
briefed the department in advance on many of its dealings with Lewinsky.
Both the Justice Department's Office of Professional Responsibility and the
District of Columbia Bar Association are looking into the events of Jan.
16, but in a ruling unsealed in December, Judge Johnson cleared Starr's
prosecutors of White House charges that they denied Lewinsky her right to
counsel.
When Starr had a chance to trap Clinton in a way that could have destroyed
the President overnight, the prosecutor declined. The story, told here for
the first time, involves the infamous blue dress, which Lewinsky gave
Starr's office on July 29, saying it might be soiled with evidence. The
dress presented prosecutors with a choice: the office could keep secret the
results of its DNA analysis until after the President's testimony, or it
could tip off the President before he swore his oath. Clinton knew Starr
had the dress, of course, and could have surmised what the test results
would show. But Starr wasn't legally bound to inform him. And if Clinton's
grand jury testimony stuck to the story that he had not had sexual
relations with Lewinsky and Starr then proved otherwise in a lab, the
prosecutor would have a relatively clear-cut perjury case.
But Starr wouldn't set the trap. His job, he told colleagues, was to
encourage Clinton to tell the truth, not catch him in a lie. When the DNA
results came back, on July 31, Starr had deputy independent counsel Bob
Bittman contact Kendall to request a presidential blood sample. Kendall
asked if Starr's office had "a precise factual basis" for the
demand--something against which to match Clinton's blood. A "substantial"
one, Bittman replied. Seventeen days later, Clinton appeared before the
grand jury and admitted an "inappropriate" relationship with Lewinsky.
Alerting Clinton to the test results, Starr told TIME, just seemed like the
"right thing to do" because it was "in everyone's interest to get to the
bottom of this."
But perhaps the most convincing evidence of Starr's good intentions was the
way he structured his office. Trained in appellate law--a protected world
of polite debate over constitutional issues--Starr decided to apply the
same set of values to the far harsher world of criminal prosecution. He
says he modeled his decision-making process on "the way judges on a
collegial court operate," a consensual, deliberative style that was alien
to most of his prosecutors. Every afternoon at 5 o'clock when he was in
Washington, he and his 30 lawyers and 10 investigators crowded around a
30-ft.-long conference table to hear the daily report and discuss strategy.
Starr previewed the agenda but had Bittman run the meetings so Starr could
absorb more of the discussion. For major decisions, he assigned a
prosecutor to summarize facts and evaluate the pros and cons. Starr
insisted on hearing opinions from everyone at the table as he searched for
the majority view, a process that he says was not intended to reach "some
Solomonic middle ground" but to achieve decisions free of "arbitrariness
and caprice." Though Starr made the final calls, sources say, he invariably
went with the majority vote.
But if the man is so dedicated to fair play and consensus, why has his
investigation--which dragged bit players before grand juries, interrogated
a White House aide about his media contacts, issued a subpoena for
bookstore records and forced Secret Service agents to testify about the man
they protect--so often seemed wild and obsessive?
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KARIN COOPER/GAMMA-LIASION FOR TIME