Monday, Dec. 21, 1998 • Volume 5, Number 18 Page I of 8 1• • I .1 1..:.·.·==..... eachment roils, HE --· • • T ::..-= WI ens the chasm HOWEYT Hoos· ers fall on different sides By M~ SCHOEFF JR. in Washington BRIAN • HOWEY in Indianapolis ASHINGTON - Amid the tumult of history in the Po1rr1CAL making nd military air strikes against Iraq this week, Hoosier came down on starkly different sides of a widening political chasm in Washington. A the House impeached President Clinton Saturday, REPORT most Re ublicans were serenely confident that they had The Howey Political Report is published by NewsLink, done the right thing. Most Democrats seethed. Inc. Founded in 1994, The Howey Political Report is A night fell across America Saturday night, it was an independent, non-partisan newsletter analyzing the easy to i' agine Democratic partisans bitterly weighing the political process in . Republi an House's assault on co~liGn lJ cc Brian A. Howey their firs re-elected president '1 ~, 1'..l.:A)J editor and publisher since Fr nklin Roosevelt. It sets W A T ( H The Howey Political Report Office: 317-254-1533 the stag for the hardening of PO Box 20877 Fax: 317-254-2405 position and the potential for • Indianapolis, IN 46220 [email protected] paybacks reaching the most profound levels in American sta- [email protected] the same time, the most immediate casualties of the Washington office: 202-775-3242 ewinsky sex scandal were Republicans - first Daytime number: 317-254-2400, Ext. 273 Speaker ewt Gingrich and then his presumed successor, .Pager: 317-320-2722 Robert ivingston. The latter was done in by a potential story ab ut his extramarital affairs in, of all places, Hustler NewsLink Home Page: http://www.inoffice.com/hpr magazin . Livingston's resignation along with Clinton's Subscriptions: $250 annually via fax or first impeach ent provided a capstone to one of the most bizarre class mail. Call 317-254-1533. weeks in American history. @ 1998, The Howey Political Report. All rights T e impeachment of Clinton presents a volatile pre­ reserved Photocopying, faxing or reproducing in any lude to t e 2000 elections for Republicans, who were stung form, in whole or in!art, is a violation offederal law by Clint n's 1996 re-election which came, in large part due and is strictly grol!ihited without consent ofthe to their vernment shutdown in 1995. "We're going to take publisher. the coun ry back, we're going to take the Constitution back," promise Democratic strategist James Carville on NBC's ''QUOTE" OF THE WEEK Meet the Press Sunday morning. "The retribution is going to be at the polling place." I peachment and war, the two most profound issues 'The danger of my vote is I didn't make any­ that can ace Congress, were at the top of a remarkable agen­ one happy. But this isn't about making people da. In jar ing juxtaposition, television coverage of the House impeach ent debate on Friday was interrupted for an update happy. I did the best I could .... " from the entagon on the progress of the Iraq air strikes and reen photos of Baghdad as anti-aircraft shells • • U.S. Rep. , to HPR shortly after his cross the skies. The combustible mixture fomented ncor and fixated the capital. impeachment votes on Dec. 19 Continued on page 2 l\fonday,Dec.21,1998 Page 2 of8

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"It can make for confusion, chaos, cans denied a vote on censure. and crisis, but it can also draw out the Giving the House a censure option TICKER very best of our conscience, constituents would have been more fair than an up-or- T A p E .and Constitution," said Rep. Tim Roemer down vote on impeachment, Roemer said. • ______,.. ______.. d r-o) "''m i..,..,-=-g /;'__ ...i.e '-tt.::.- " (D- 3• '-' J• • u ~•vptn lVI i.u ltl 1.,1.• Being fotced to voie on impeachment ·. · Salon Magazine, the lntemet The tension in Washington has alone helped p~sh. an avalanche of moder­ publication, Is expected to stunned veteran political observers. An ate Republicans in that direction, dooming run Russ Baker's expose on almost straight party-line vote on an issue the president. U.S. Rep. early such as impeachment is a watershed. "To Roemer took his argument to the this week, perhaps as early think what this will do to relations top Republican in Congress, then as Monday. Baker was origl· between the parties makes me shudder," Speaker-designate Bob Livingston. "Bob nally working on the story . for Vanity Fair, prompting said Norman Ornstein, resident fellow at said, 'I don't think censure is constitution­ Burton to his pre-emptive the American Enterprise Institute. al.' I said I strongly disagree," said admission last summer of Conservative fervor may have Roemer, who cited censure and rebuke fathering a chlld out of Wed· helped spur the Republicans. "Their core measures passed by the House in 1832, lock. constituency wants impeachment," said 1834, and 1860. independent pollster John Zogby. Neither Roemer nor Rep. Lee A Sunday New York Times Roemer and other Democrats were Hamilton (D-9th CD) are apologists for poll revealed that 66 percent were against President angry, even bitter, about how the House the president. Both were among only 31 Clinton's resignation In the came to vote to impeaching the President Democrats who supported the Republican wake of his Impeachment for perjury and obstruction ofjustice for measure to begin an impeachment inquiry. and 31 percent supported _his l'\Ctions in legal proceedings involving Both l1we harshly criticized the president resignation. his affair with former White House intern for his behavior. But neither thought Monica Lewinsky. Clinton's transgression reached the level A Sunday NBC/Wall Street "The Republican leadership was of being an impeachable offense. Journal Poll had President very crafty ~nd extremely Machiavellian Clinton's job approval rating The view on the Republican side • at 72 percent, up from 68 in making this an all-or-nothing impeach­ contrasted vividly. "Every hour, every percent last week. ment vote," said Roemer, who had day, I become more comfortable with my worked with Democratic colleagues on decision," said Rep. (R-Sth Continued on page 3 writing a censure resolution. The Republi- CD), a member of the House Judiciary Page3 of8 Monday, Dec. 21, 1998

Committee. "You can't do what is popular staff member to an wer the phone. All of when you're upholding the law. It's a vote this for a vote he d eads. TICKER • about helping to define our national char­ "I have cast ver 16,000 votes," acter." Hamilton said. "It' depressing to me that T A P E Buyer, an attorney, wrote an 80- my final votes will be on impeachment. page legal brief advocating the impeach­ It's a depressing en ironment." HOUSE JUDICIARY -meat of President Clinton. After Clinton COMMITTEE TESTIMONY: was impeached, Buyer was selected by Souder str ggles U.S. Rep. Henry Hyde as one of 13 House U.S. Rep. Ed Pease • "Last The votes R p. Mark Souder (R­ managers of the impeachment trial in the week, one of the witnesses CD 4) made on im eachment probably U.S. Senate. Buyer circulated the brief to Impugned both the per· won't be his last. B t they may have been calved collective motive of his nine colleagues in the Indiana House his most difficult. or weeks, Souder indi­ the House and of Individual delegation and 19 other members. cated that he was l aning against members. Today another At the other end of the political impeaching the pre ident over matters witness did the same In his spectrum, Rep. (D-10th CD) related to the Lewi sky affair. As moder­ accusations of a cavalier was frustrated and exasperated. "This is ate Republicans be an to come out against attitude among members on this dlfflcult subject or a no different than what the congressional impeachment, Sou er found himself in the leadership has wanted to happen since disregard for the letter and odd 1994," she said. "They have wanted to ~osition c ~liGR£SS spirit of the Constitution. ofbemg the ~ ~~ There are members of this dismantle and disgrace the administration. lo~e conserv- committee and of this The partisan politicians were dogged and W A T ( H at1ve oppos- House who have been determined. It was an abuse of power." ing impeach- scrupulously careful, often Another Hoosier on the Judiciary ment. He felt press~re from right-wing. at the ,expense of attack Corr.m!ttee, .howev~;. ctw~g.i".t4iis col­ groups and activist . He was attacked. in J .· · · .. rr()~n•e:ross tha polltlcai leagues on both sides of the aisle· The Weekly Standa d, a conservative ' spectrum, to reserve judg· • approached the impeachment vote with magazine, and was ven criticized by ment In this matter, to llsten carefully and respectfully, to equanimity. "Members have been rather Allen County Repu lican Chairman Steve calm under the circumstances," said Rep. avoid partisan attacks and Shine. to do their duty as they see Ed Pease (R-7th CD). "It's a somber time "I've been th ough multiple It. I still believe there are and it's been difficult. I do believe the wringers," Souder ighed in a phone inter­ members, despite the overwhelming majority have struggled view with HPR sho ly after the impeach­ attacks, who. will try to do through this. They're not rushing to judg­ ment vote." the right thing In an atmos· ment." Souder stood out conspicuously as phere ot civility and respect. the one conservativ who appeared ready And words like those heard Hamilton's regret to vote against imp achment. In the end, today make It more difficult Souder voted again t Articles I, II and IV, for us to do so." Hamilton worked the phones in his and for Article III. s for the first two U.S. Rep. Steve Buyer • waning days in Congress to try to per­ articles, Souder sai , "I don't think these suade moderate Republicans to support "You know, one thing that Is two things represen ed public acts." a lot different Is we don't censure. By Monday night, he sounded On Article II - the obstruction of have a John Dean. You had weary. "They're probably tired of hearing justice charge - Sou er maintained, someone on the Inside that from us by now," Hamilton said before "Obstruction of just ce. was a combina­ came forward." fence-sitting Republicans started to come tion; a series of thin s. At the end of the down in favor of impeachment. seven point~, I beli e it was clear and ON THE HOUSE FLOOR: The retiring statesman was relegat­ convincing. It was eyond a reasonable U.S. Rep. Julia C;m~on • ed to undignified surroundings. He and doubt. It was clear e (Clinton) attempted "Some say, 'This Is not about sex; it's about lying • the other 38 members leaving the House to get the gifts back. When you added it under oath.' Lying under set up makeshift offices in what is nor­ all together there w~s a pattern of trying oath about sex Is about sex. mally a banquet room in the basement of to stop justice from reing done. that met a House building. He didn't even have a continued on page 4

I Monday, Dec. 21, 1998 Page 4 of8

the Constitutional threshhold. Most of the Chris got me starting reading on Article TICKER hammering I took was from Article I, and Ill." T A p E it distracted me from Article III. Thursday night, Souder and Shays Souder's position against impeach­ met with Rep. Hyde and Republican • ment was well-documented in the 4th CD Counsel Shippers. Then from 10 p.m. throughout much of November and until 3 a.m. Friday, Souder "went through And the only reason It's about sex Is that you guys December. "When the story ran in the these reports. I saw a lot in the minority couldn't get anything else New York Times, it became a national report that didn't see the light of day." on him." story and then a tornado started in the 4th There were conversations with U.S. Sen. District." , Charles Colson, Gary Bauer Rep. Buyer: "Mr; Barrett Souder moved to the undecided col­ and phone tag with . brought up the Issue of can· umn. after meeting with Buyer and Pease "Colson was pushing me, telling sure to this House, and I'd and spending most of Wednesday pouring me that in prisons, the powerless get noth­ like to address It at this through thousands of pages of non-public ing, but they'll be saying, 'See, look what time. While I appreciate the Lewinsky investigation documents in the is happening with Clinton.'" Souder coun­ Intentions of the supporters Ford Office Building. Souder continued tered, "My position was, he should still be of censure, I nonetheless urge members to oppose It, down the tortuous impeachment road all prosecuted." because It Is a fraud and an the way up to the Saturday morning votes. Also crossing Souder's options.was assault upon the "I was impressed by his questions," voting as an act of civil disobedience. · Constitution. Censure Is not said Buyer. "He was being studious. He "Can a public official commit civil dis­ an authorized alternative to wanted to see more evidence. Ed and I obedience?" Souder asked. "If I did, then Impeachment. Congress directed him to the Ford Building." I would have to resign." has .the express Constlt· Pease also praised his anguished Souder sighed. "The danger of my utlonal authority to censure colleague. "He is what I've always known vote is I didn't make anyone happy. But Its own members for mis· ~im to be--conscientious," he said. this isn't about making people happy. I conduct, but there Is no expressld authority ln:the · Later Wednesday, Souder cons~aed dici the oest I could." Constitution for Congress with U.S. Rep. Christopher Shays, who . The pressures were varied. His own • to censure the President. had just endured an emotional town hall staff disagreed with him, as did some in Impeachment Is the only meeting with his constituents in his own family. So did 4th CD Repub­ power In the Constitution Connecticut. The two pondered the mater­ lican Chairman Don Clark. There were granted to Congress to jal. "We were both unnerved," Souder 2,000 calls and e-mails during the last address Presidential mis· said of the first two articles. "It didn't week, and when it was all done, he had conduct and dereliction In meet the standards of impeachment. But talked to 5,000 constituents including his executive duties. The founding fathers set high standards for Impeachment HAW rso .THEY mt11e 1:.t And by also providing that DiRN,HUH? WHAT 00 conviction requires a two· '/)f third vote In the Senate to THiNXstr~l'Cw remove the President from Ml OUTrA HlRE? office, they Insured LET'£MTRY/ Impeachment would not --- become a method for Congress to harass execu­ tive or judicial offlclals. A censure resolution would fly In the face of the separation of powers doctrine. Congress can't make It up as we go along. Constl· tutlonal scholar Gary McDowell stated: 'Impeach· continued on page 5 Page5 of8 Nlonday,Dec.21,1998 those along summer and fall parade Will voters emember? • routes. "Out of250,000 people who vote, TICKER that is not a majority," Souder explained. Mcintosh ack owledged that voting p ''Nearly all of those 250,000 people had in favor of impeach ent might upset T A E an opinion. In the 21 poll (WPTA-TV), 31 many voters, who ac ording to polls percent were for impeachment, when the opposed the action. ' There could be polit­ ment Is the only power question of resignation, it was up to 70 ical consequences," e said. But "this granted by the Constitution percent. should be a matter o constitutional law, to Congress to deal with "Sometimes people forget we're a legal questions and hat's right for the errant executives. Had the republic, not a democracy. We are elected country." founders Intended some other means of punishment to sort through and that person makes It's impossible to know what will to be available to. your decisions in office. I have been about as happen from week t week in politics. But the impact of impea hment probably branch, they would have · open as anybody." say so." As for President Clinton, Souder won't reach the mag itude of the 1995-'96 government shutdow . "Unlike the gov­ said, "I believe Bill Clinton is near the U.S. Rep. Tim Roemer • end of history. He will be through soon." ernment shutdown, i,s doesn't affect "There Is a precedent. There As for his own political future, (voters') personal liv s," said Marshall Is no prohibition or preven· Souder said, "I'll get a primary opponent, Wittmann, director o congressional rela­ tlon to censure, and It Is but you don't lose primaries." tions at the conserva ive Heritage Foun­ unfair and against our own And there were reassuring words dation. rules not to let us vote." from unusual sources. "One of the people Although peo le may be satisfied U.S. Rep. Ed Pease • "If can· who has been very interested and support­ with the job the pres dent is doing, his personal approval is ow. "There is a dis­ sure Is Intended as punish· ive was Tim Roemer. He told me, 'I ment of the President, It Is tinct lack of outrage n th~ left side about appreciate you were so r.eflective.' He got speclflcally constltut1onally this process," said, de Anderson, of .beat U? for supporting the inquiry, end ~Ohl~as bm ot •ttatn• • QEV Analytics, a W shington consulting a then when he v~ted against impeachrii~nt, · der~ ff censure Is not Intend: the inquiry supporters beat him up." firm. ed as a punishment of the Another pollst r agreed that the president, It Is meaningless. impact could be limi ed. "The great I have not researched the Clinton's hubris American middle is oncerned about options available to the Souder's isolation stemmed in part Christmas and gettin the kids to school Senate, but for the House, I from the fact that so many moderate GOP on time," said Zogby am convinced this option Is members came out against impeachment. Throughout In iana, the detach­ not available." In a remarkable loss of momentum, ment was obvious. T ere were many let­ Rep. Buyer • "There have Clinton went from thinking he had beaten ters to the editor thro ghout the state. been many who h.ave come impeachment after the election to becom­ Talk radio was partic larly stoked up on to the well today (Saturday) ing only the second president ever to suf­ Wednesday night an Thursday morning and they've been requesting fer the humiliation. when President Clint n announced the that this body take up the Many thought his cavalier attitude Iraqi air strikes on th eve of impeach­ Issue of censure of the in November and December cost him cru­ ment. Commentators such as Greg President. You know, It cial support. He never admitted he lied, Garrison and Mike P nee on WIBC-AM would be nice, I guess, If even in statements as late as last weekend. felt the timing of the ir strikes was too you could take the easy way His answers to 81 questions about the coincidental and not nlike Clinton's out; cut and run. But we can't do that, nor can scandal posed by the Judiciary Committee assaults agaisnt terro ists in Sudan and Congress make It up as we were dismissed as legalistic and evasive Afghanistan three da s after his grand go. ng know It's a legal by Republicans and some Democrats. ·jury testimony and .hi disastrous Aug. 17 technical term and people "There was a psychological shift address to the nation. don't like the lawyerly Ian· that occurred with those answers, and it The only publi demonstration HPR guage, but Ifs called extra· • brought it into focus for everyone," said heard about was agai st the military constitutional. What that Rep. David Mcintosh (R-2nd CD). action, taking place i downtown Indianapolis on Frida . continued on page 6 Monday, Dec. 21, 1998 Page 6 of8

Although the general population jury could be an impeachable offense and • may not be paying attention, emotions ran that the Senate must be deliberate and TICKER high enough to generate record-setting thorough in its consideration rather than T A p E numbers of phone calls and e-mails to the reaching a quick censure compromise. Hill. People calling in were often con­ Lugar told the Indianapolis Star on fronted with busy signals. "I can't even Sunday, "I'm going to watch the evidence means 'Is, the Constitution get through to my own office," Mcintosh very carefully. It's a solemn duty. Each does not specifically pro­ said when talking to reporters from one of us in the Senate now serves as a vide for censure as an alter· member of the jury, and I think we all native to Impeachment. You Indiana. see, we also, as members of Voters could remain upset, causing take that responsibility very seriously." Congress, took an oath, and trouble for individual members, depend­ Lugar said he believed Articles I It was to defend the ing on the makeup of their districts~ Rep. and III "were ones in which the evidence Constitution. We have a (R-8th CD) voted in favor seemed to be much more compr.ehensive." duty to exercise legislative of impeachment.He has been elected by Bayh told the Bloomington Herald­ competence, and we can't less than 55 percent twice and his district Times on Saturday, "I often said when I make It up as we go. voted for Clinton twice. He could poten­ was governor, I didn't take the oath of President Andrew Jackson, tially be at risk in 2000. office just to make the easy decisions. I who Is known as one of the Hostettler, though, has proven him­ have to make the hard ones, too. Sen .. founding fathers of the Democratic Party, he was self a survivor so far. "He's certainly Lugar has taken a similar approach. We'll censured by the Senate. taken a number of votes you could argue comment when the trial is over." Then there was an election, would be controversial," said Amy Bayh did say that what the president did and then the next Senate, Walter, House editor of the Cook Political was wrong. "Now we need to determine they expunged It from the Report. "It's not out of character for him. what punishment is appropriate, get it record. President Jackson's He won big, for him, this time around behind us and move on to other business • I'll repeat • he has • his (I 998) aga.inst "' Vl'el!-:Unde~, gocd car.

Page 7 of8 ~onday,Dec.21,1998

11-'!!._ allpoliti1:3lii11 • LETS SEE WHAT CAN I SAV? HMMM···~' HAVE TICKER l)ECibEI> lZ> AETiAE BECAUS£ MY PIUSE*E T A P E WOULD HA'IE SlCOME AH E>lCCISE rort DIViSNENESS AND fACrioNALiSM IH~(l>E the aisle trying to .become REPUBLiCAAI RANKS·· • the new king at the very 'fEAH, lHAT~ IT. · •• moment we're trying to do articles of Impeachment. This Is a Constitutional crisis now, and I think It will be very dellberate and very pro· tracted In the Senate" (lndlana-polls Star).

U.S. Rep. David Mcintosh • "Bill Clinton vlolated the Constitution he swore to uphold and perverted the rule of law that is the foundation on which our nation rests. It Is time for Cllnton to put the Interests electi n in tWo yea.rs. But it isJ1ar.-J_tp political parties could besetting the stage of the nation ahead of his imagine how an impeachment vote could for:someone like Minnesota Gov.-Elect personal Interests: I call on • have any real impact on his prospects for Jesse "The Body" Ventura to enter the Biii Clinton to resign. Bob 2000. national scene and pose as a viable option Livingston deserves much The next few weeks will give the to the notion of politics as usual. credit for what I believe was a selfless, courageous and Senate an opportunity to distinguish It is important to keep in mind how itself, said one analyst. "The Senate's heroic act to put the Interest volatile the prospects of a Senate trial of the country and the going to step up to the plate and be the would be. President Clinton got into this Republlcan Party ahead of hero," said Larry Sabato, professor of predicament when he totally misread the his personal Interests. political science at the University of Nov. 3 election results. A mere three Actions do speak louder Virginia. "And both parties could look weeks ago, no one believed the House than words, and Bob's good." would impeach Clinton. During the actions this morning speak The chief justice of the Supreme Bulen Symposium at IUPUI on Dec. I, volumes about his character Court would preside and witnesses, the Chicago Tribune's Michael Tackett and his courage. He deser· including Lewinsky, could be called as gently needled HPR Publisher Brian ves the nation's respect." senators observe from their desks on the Howey as perhaps the only person to floor. Buyer will serve as one of the pros­ U.S. Rep. John Hostettler· bring up the name of Monica Lewinsky "It's clear that President ecutors in the trial. as a relevant political element at that Cllnton may have broken the Hamilton is not optimistic. "A trial time. laws he Is .bound to in the Senate would be extended and very What we'll be watching will be enforce." disruptive," he said. Proposals have been public opinion polls over the next week. floated that would require the Senate to Don~t be shocked if Clinton's approval U.S. Rep. Lee Hamilton • "It's conduct normal business in the mornings rating shoots into the 10th or 80th per­ distressing, of course, to end • and the trial in the afternoon. centile. If that occurs, it will suck the my voting career over the The stakes on how impeachment is oxygen away from a Senate conviction. topic of Impeachment of a handled in the Senate are huge. If it slips president. There are a thou­ Should his favorable numbers fall, or ear­ sand and one issues I would into bitter, partisan rancor, the two major lier numbers showing that while most continued on page B ~·.

Monday, Dec. 21, 1998 Page8 of8

were against impeachment but for resigna­ eve of the impeachment debate. "His TICKER tion if that occurred, then the pressure for judwnent will always be second-guessed," T A p E Clinton's resignation will build. The key said Buyer. players in a resignation scenario would be The coin of the realm in the politi­ Democratic Sens. Joe Liebermann, Patrick • cal world is compromise, which may be rather vote on" Moynihan and Christopher Dodd. All the path toward healing. "They're all (lndlanapolls Star). remain undecided and fully support pro­ politicians, which means by definition ceeding with a Senate trial. Rep. Hamilton • On · they're very practical," said Sabato. Livingston's resignation. "It Ornstein is much less sanguine. The took me completely by sur­ Life after impeachment Republicans may be in for some payback. prise. We were just shocked Most observers predict that Clinton "If the Republicans think they'll turn by the news. And I am will survive in the Senate. At that point, around and make deals on policy, it's not afraid that this Congress Is going to happen that way," he said. seeing the devouring of our the country will face a situation it hasn't own" (Indianapolis star). confronted since J 868 - living with an The aidng on Thursday of extra­ impeached president. How does a presi­ marital affairs in Livingston's past and his U.S. Sen. Richard Lugar on dent deal with the House, after it said, in subsequent and stunning resignation on Wednesday night's bomb· effect, he's not fit to serve? Saturday morning may be a barometer of Ing of Iraq: "If we had failed Pease said government would con­ the future political climate. "Everyone is to commence military action tinue to function properly. "I've approa­ going to be out there trying to destroy the tonight, we would have no ched this as a constitutional responsibili­ other side," said Ornstein. credibility in the second half ty," he said "I understand there's a respon­ of our Iraq policy. Any Regardless of the outcome of the .other decision would have sibility to procedure as well as to sub­ impeachment process, already low public severely damaged the credl· stance. There is a process and we fol­ opinion of politics may sink to new blllty of the lowed the process." depths. "We have had a continuous ero­ not only lo Iraq, but In the But Congress is much less likely t sion of p~orl~'s fait.'1 in W!!S!!!!!g!'}~," e~k: eyes of others around the give Clinton the benefit of the doubt, Curtis Gans, director of the Committee on world who pose current Buyer said. This dynamic was demonstra the Study of the American Electorate. • threats to our security" ed forcefully by the controversy surround "This will just add to it." •!• (Evansville Courier). •!• ing the launch of air strikes in Iraq on the

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