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MEN OF THE YEAR
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Ken Starr, while aware of Clinton's charm, held a different view of his conduct. Though he would never quite say so, he came to see the President as the elusive head of a vast criminal enterprise, who over the past four years of investigation would admit nothing, hold back evidence, block inquiry--all the while professing to cooperate in public while destroying his adversary's reputation in private. To the righteous defenders of law and order, Clinton's not one of us. He's one of them.

That conviction may explain but not excuse the choices Starr made. By pressing his case, he forced us to define morality down. We don't approve of adultery. We abhor perjury. But we also don't like political plots and traps that treat the law as an extension of politics by other means, that leave us wondering whether we damage the Constitution more by making the President pay or by letting him go.

We rely on prosecutors to exercise discretion. A novice at the job, Starr saw no virtue in restraint, without realizing how his zeal in pursuit of the President would alarm the jury that was called to judge them both. If nothing else, his legacy is plain: he will probably destroy the institution that created him. The independent-counsel statute, born of an impeachment drama 24 years ago, is likely to die in the throes of this one. We may well, as a result of his efforts, conclude that the government can't be trusted to investigate those in the government who can't be trusted.

Starr handed his sword to the lawmakers in Congress, where the Republicans' superior numbers protected them from having to offer superior arguments. Like Starr, they think that it is long past time for Clinton to be held accountable for his actions; like the voters, they have strong personal feelings about the President. Unfortunately for Clinton, the feelings on Capitol Hill can be poisonous. In a country where everyone assumes that all politicians lie, politicians themselves regard a certain kind of lying as a special kind of sin. A President who breaks his word makes it impossible to do business when the doors are closed and the hands are played and the hard trading begins. Time and again, Bill Clinton made solemn, cross-his-heart promises, about taxes he would support and concessions he would make and difficult positions he would defend, and once they let him have his way he stepped out and all but said, "Suckers!" and pushed them off the ledge.

So most of them had no appetite for mercy in this season. They feared that if their punishment stopped at censure, he would claim vindication, light a cigar and lose not a moment's sleep. When in the final days the last undecided Republicans said, privately and publicly, just admit that you lied and we'll let you go free, Clinton would not run the risk of believing them. The terrain is laid with traps; assassination is a sport; trust turned to chalk long ago.

When the bombs began to fall, the questions immediately arose: Was Clinton doing this to stop Saddam, or was he doing it to save himself? The very charge became evidence against him. A man who cannot be trusted to do the right thing is not trusted even when he does.

This, then, is the legacy of a year that cannot end too soon. A faithless President and a fervent prosecutor, in a mortal embrace, lacking discretion, playing for keeps, both self-righteous, both condemned, Men of the Year.

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PHOTOGRAPH FOR TIME BY DAVID BURNETT - CONTACT