American History: President Clinton's Legal Problems
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The Independent Counsel Investigation, The
Fordham Law Review Volume 68 Issue 3 Article 9 1999 The Independent Counsel Investigation, the Impeachment Proceedings, and President Clinton's Defense: Inquiries into the Role and Responsibilities of Lawyers, Symposium, Independent Counsel and the Charges of Leaking: A Brief Case Study Ronald D. Rotunda Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Ronald D. Rotunda, The Independent Counsel Investigation, the Impeachment Proceedings, and President Clinton's Defense: Inquiries into the Role and Responsibilities of Lawyers, Symposium, Independent Counsel and the Charges of Leaking: A Brief Case Study, 68 Fordham L. Rev. 869 (1999). Available at: https://ir.lawnet.fordham.edu/flr/vol68/iss3/9 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Independent Counsel Investigation, the Impeachment Proceedings, and President Clinton's Defense: Inquiries into the Role and Responsibilities of Lawyers, Symposium, Independent Counsel and the Charges of Leaking: A Brief Case Study Cover Page Footnote Albert E. Jenner, Jr. Professor of Law, University of Illinois College of Law. The author has been a special consultant to the Office of the Independent Counsel investigating matters relating to President Clinton, the real estate allegations often called "Whitewater," and other associated investigations that were sent to the Office by Attorney General Janet Reno. -
Clinton, Conspiracism, and the Continuing Culture
TheA PUBLICATION OF POLITICAL PublicEye RESEARCH ASSOCIATES SPRING 1999 • Volume XIII, No. 1 Clinton, Conspiracism, and the Continuing Culture War What is Past is Prologue by Chip Berlet cal of the direct-mail genre, it asked: culture war as part of the age-old battle he roar was visceral. A torrent of Which Clinton Administration against forces aligned with Satan. sound fed by a vast subconscious scandal listed below do you consider to Demonization is central to the process. Treservoir of anger and resentment. be “very serious”? Essayist Ralph Melcher notes that the “ven- Repeatedly, as speaker after speaker strode to The scandals listed were: omous hatred” directed toward the entire the podium and denounced President Clin- Chinagate, Monicagate, Travel- culture exemplified by the President and his ton, the thousands in the cavernous audito- gate, Whitewater, FBI “Filegate,” wife succeeded in making them into “polit- rium surged to their feet with shouts and Cattlegate, Troopergate, Casinogate, ical monsters,” but also represented the applause. The scene was the Christian Coali- [and] Health Caregate… deeper continuity of the right's historic tion’s annual Road to Victory conference held In addition to attention to scandals, distaste for liberalism. As historian Robert in September 1998—three months before the those attending the annual conference clearly Dallek of Boston University puts it, “The House of Representatives voted to send arti- opposed Clinton’s agenda on abortion, gay Republicans are incensed because they cles of impeachment to the Senate. rights, foreign policy, and other issues. essentially see Clinton…as the embodi- Former Reagan appointee Alan Keyes Several months later, much of the coun- ment of the counterculture’s thumbing of observed that the country’s moral decline had try’s attention was focused on the House of its nose at accepted wisdoms and institu- spanned two decades and couldn’t be blamed Representatives “Managers” and their pursuit tions of the country.” exclusively on Clinton, but when he of a “removal” of Clinton in the Senate. -
The Clinton/Lewinsky Story How Accurate? How Fair?
The Clinton/Lewinsky Story How Accurate? How Fair? Project for Excellence in Journalism 1900 M Street NW Suite 210 | Washington DC 2009 202-293-7394 | www.journalism.org Overall Summary Contrary to White House accusations, those doing the bulk of the original reporting did not ferry false leaks and fabrications into coverage of the Clinton/Lewinsky story. But in some important cases, the press leaned on the suspicions of investigators that did not hold up and downplayed the denials of the accused, according to a new study. The findings of the study, conducted by the Committee of Concerned Journalists, raise questions about whether the press always maintained adequate skepticism about its sources. There were occasions, moreover, when the press got ahead of the facts in its basic reporting. Others then used that work to engage in sometimes reckless speculation and propaganda. Overall, while the initial reporting of certain well-known stories, such as the blue dress, were proven right, and none was made out of whole cloth, it is an oversimplification to say the press has been vindicated. The study, conducted under the supervision of journalist Jim Doyle, former special assistant to the Watergate Special Prosecutors, was an attempt to discern the nature of the press coverage to date by examining several major threads of the story and comparing them to the Starr Report and its supporting evidentiary material. The goal was to make a disciplined and detailed examination of the coverage in order to balance accusations on both sides that the reporting has been proven substantiated or that it had been manipulated by misleading leaks. -
Introduction Chapter 1 the Clinton Scandal Epidemic
Notes Introduction 1. See ‘Figure 3-1. 1996 Presidential Election’, Michael Nelson, ‘The Election: Turbulence and Tranquillity in Contemporary American Politics’, in Michael Nelson (ed.), The Elections of 1996 (Washington D.C.: CQ Press, 1997) p. 61. 2. There are several interpretations of the plight faced by the modern presi- dency and the problems created and endured by the presidential office; see Burt Solomon, ‘Do We Ask Too Much of Presidents?’, National Journal, 18 June 1994, pp. 1390–92. 3. ‘19 August 1998. The Ratings: Good News for Networks’, NYTimes.com [http://www.nytimes.com/library/politics/081998clinton-ratings.html] 4. ‘1 March 1998. Republicans Abandon Restraint on Clinton’, NYTimes.com [http://www.nytimes.com/library/politics/030198clinton-repubs.html] 5. ‘19 August 1998. The Reaction: Prominent Democrats Are Unhappy With Clinton’, NYTimes.com [http://www.nytimes.com/library/politics/081998 clinton-politics.html] Chapter 1 The Clinton Scandal Epidemic 1. See, ‘Clinton’s Latest, Worst Troubles Put His Whole Agenda on Hold’, Congressional Quarterly Weekly, 24 January 1998, pp. 164–5. 2. ‘27 January 1998. Hillary Clinton: “This is a battle” ’ CNN.com [http://www. cnn.com/US/9801/27/hillary.today] 3. Theodore Lowi, ‘Foreword’, in Andrei S. Markovits and Mark Silverstein, (eds), The Politics of Scandal: Power and Process in Liberal Democracies (New York: Holmes & Meier, 1988) p. viii. 4. Cited in ‘Watergate’s Clearest Lesson: Ten years later, the point remains: Not even a President is above the law’, Time, 14 June 1982, p. 36. 5. ‘25 January 1998. Other Presidents Have Been the Talk of the Pillow’, NYTimes.com [http://www.nytimes.com/library/politics/012598clinton- history.html] 6. -
The House of Representatives . . . Shall Have the Sole Power of Impeachment.” U.S
ADDITIONAL VIEWS CONGRESSMAN STEVE BUYER INDIANA 5TH DISTRICT HOUSE JUDICIARY COMMITTEE MEMBER The Judiciary Committee of the U.S. House of Representatives of the 105th Congress recently completed an impeachment inquiry of President William Jefferson Clinton. The purpose of the inquiry was to defend the Constitution, search for the truth, and follow the rule of law. The wisdom of the Founding Fathers is truly amazing. They understood that the nature of the human heart struggles between good and evil. So, the Founders created a system for accountability, comprised of checks and balances. If corruption invaded the political system, the Constitution provides a means to address it. The Founders felt impeachment was so important, language regarding impeachment appears in six different places in the Constitution.1 The power to impeach rests in the House of Representatives, while the power to remove the President resides in the Senate. In 1974, the House engaged in a similar impeachment investigation of President Richard M. Nixon. At that time, the House investigated the facts as reported by the Judiciary Committee in order to determine whether the allegations presented reached the level of impeachable offenses. In the present case, the purpose of the inquiry by the Judiciary Committee and the House of ! The clauses discussing congressional power are: “The House of Representatives . shall have the sole Power of Impeachment.” U.S. CONST. art. I, § 2; “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.” U.S. -
Congressional Record—House H5252
H5252 CONGRESSIONAL RECORD Ð HOUSE June 24, 1998 Lewis (KY) Pelosi Smith (MI) PERSONAL EXPLANATION tion as a member of the Committee on Linder Peterson (MN) Smith (NJ) Small Business: Livingston Peterson (PA) Smith (OR) Mr. FRELINGHUYSEN. During the vote on HOUSE OF REPRESENTATIVES, LoBiondo Pickering Smith (TX) final passage of H.R. 4103, the National Secu- Lowey Pickett Smith, Adam Washington, DC, June 24, 1998. Lucas Pitts Smith, Linda rity Appropriations Act, I was on the floor and Hon. NEWT GINGRICH, Maloney (CT) Pombo Snowbarger intended to vote but the machine failed to reg- Speaker of the House, House of Representatives, Maloney (NY) Pomeroy Snyder ister my vote. Had it been registered, I would U.S. Capitol, Washington, DC. Manzullo Porter Solomon have voted yes on final passage of the bill. DEAR MR. SPEAKER: I hereby resign as a Martinez Portman Souder member of the Committee on Small Busi- Mascara Poshard Spence f Matsui Price (NC) Spratt ness. McCarthy (MO) Pryce (OH) Stabenow APPOINTMENT AS MEMBERS TO With kind regards, I am McCarthy (NY) Quinn Stearns COORDINATING COUNCIL ON JU- Sincerely yours, McCollum Radanovich Stenholm VIRGIL H. GOODE. McCrery Rangel Stokes VENILE JUSTICE AND DELIN- McHale Redmond Strickland QUENCY PREVENTION The SPEAKER pro tempore. Without McHugh Regula Stump objection, the resignation is accepted. McInnis Reyes Stupak The SPEAKER pro tempore. Without There was no objection. objection, and pursuant to the provi- McIntosh Riggs Sununu f McIntyre Riley Talent sions of Section 206 of the Juvenile McKeon Rivers Tanner Justice and Delinquency Prevention ELECTION OF MEMBERS TO CER- McNulty Rodriguez Tauscher Meehan Roemer Tauzin Act of 1974 (42 U.S.C. -
REFERRAL from INDEPENDENT COUNSEL KENNETH W. STARR in CONFORMITY with the REQUIRE- MENTS of TITLE 28, UNITED STATES CODE, SECTION 595(C)
105th Congress, 2d Session ± ± ± ± ± ± ± ± ± ± ± ± House Document 105±310 REFERRAL FROM INDEPENDENT COUNSEL KENNETH W. STARR IN CONFORMITY WITH THE REQUIRE- MENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c) COMMUNICATION FROM KENNETH W. STARR, INDEPENDENT COUNSEL TRANSMITTING A REFERRAL TO THE UNITED STATES HOUSE OF REPRESENTA- TIVES FILED IN CONFORMITY WITH THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c) SEPTEMBER 11, 1998.ÐReferred to the Committee on the Judiciary pursuant to H. Res. 525 and ordered to be printed REFERRAL FROM INDEPENDENT COUNSEL KENNETH W. STARR IN CONFORMITY WITH THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c) 1 105th Congress, 2d Session ± ± ± ± ± ± ± ± ± ± ± ± House Document 105±310 REFERRAL FROM INDEPENDENT COUNSEL KENNETH W. STARR IN CONFORMITY WITH THE REQUIRE- MENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c) COMMUNICATION FROM KENNETH W. STARR, INDEPENDENT COUNSEL TRANSMITTING A REFERRAL TO THE UNITED STATES HOUSE OF REPRESENTA- TIVES FILED IN CONFORMITY WITH THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c) SEPTEMBER 11, 1998.ÐReferred to the Committee on the Judiciary pursuant to H. Res. 525 and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 50±800 WASHINGTON : 1998 C O N T E N T S VOLUME I: REFERRAL Key Dates ................................................................................................................ V Table of Names ...................................................................................................... VI -
LINDA and MONICA by Flint Wainess
LINDA AND MONICA by Flint Wainess FADE IN: ON A CHEESEBURGER AND FRENCH FRIES Being loaded by a gloved hand into a take-out container while dreamy, playful music plays. LINDA TRIPP (yes, that Linda Tripp; 43, tall, slightly hunched over, awkwardly dressed) takes the container. WE’RE IN: INT. WHITE HOUSE - MESS HALL - DAY The music continues as Linda walks out holding the to-go container and a soda. She’s in a good mood. CARD ON SCREEN: JULY 20, 1993 INT. WHITE HOUSE - WEST WING - MOMENTS LATER Still holding the to-go container and soda, Linda marches through the heart of the West Wing, exchanges pleasantries with numerous people. It’s a special place to be, a special place to work. She spots PRESIDENT BILL CLINTON as he emerges from the Oval Office with a 30-something female aide. They’re laughing, very hands-y. Linda stares. Is anyone else seeing this? They don’t seem to be...or don’t seem to care. Linda runs right into a SENIOR MALE AIDE passing by. MALE AIDE Watch where you’re going please. INT. WHITE HOUSE COUNSEL’S OFFICE - DAY VINCE FOSTER, the White House Counsel (48, tall, handsome, distinguished), sits on the couch in his perfectly manicured office, his briefcase beside him. Linda enters. LINDA Mr. Foster. He looks up, seems to be lost in thought. (CONTINUED) 2. CONTINUED: LINDA Cheeseburger, fries, and a coke. VINCE Thank you. She takes a bag of M&Ms out of her pocket, pours most of the contents into the to-go container. -
Missing White House E Mail: a Whistleblowing Case Study
Session 3661 Missing White House E-Mail: A Whistleblowing Case Study Edward F. Gehringer North Carolina State University [email protected] Abstract Whistleblowing is a core topic for ethics courses taught to Computer Science and Computer Engineering majors. However, most of the prominent engineering whistleblowing cases have little if anything to do with computing (the Hughes Aircraft case being a notable exception). Another recent case is appropriate for study, especially given the increasing focus on e-mail privacy in the workplace. In early 2000, allegations surfaced that the White House was concealing e-mail that could have helped reveal, among other things, the extent of Vice President Gore's involvement in campaign fundraising controversies, and whether the Clinton administration had sold trade-mission seats in exchange for campaign contributions. The former chief of White House computer operations charged that Clinton administration officials were involved in an e-mail coverup. A Northrop Grumman contractor, Betty Lambuth, testified that she was threatened with loss of her job and other consequences if she disclosed the existence of the e-mail messages. This case raises several important issues, such as the responsibility of a contractor to its client vs. its responsibility to the public, and how much evidence of technical malfunctions should be needed before an organization (in this case, the White House) is obligated to inform other stakeholders. 1. Introduction Whistleblowing is a topic of growing importance to students in all branches of engineering, including computer science and computer engineering. As Bowyer [24] has noted, whistle- blowing is mentioned in all the major codes of ethics relevant to the computing profession, the IEEE code, the ACM code, the AITP Standards of Conduct, and the IEEE-CS/ACM Software Engineering Code of Ethics. -
A:\Dissenting Views on Articles.Wpd
Minority Dissenting Views to Articles of Impeachment For only the second time in the history of our Nation, the House is poised to impeach a sitting President. The Judiciary Committee Democrats uniformly and resoundingly dissent. We believe that the President’s conduct was wrongful in attempting to conceal an extramarital relationship. But we do not believe that the allegations that the President violated criminal laws in attempting to conceal that relationship B even if proven true B amount to the abuse of official power which is an historically rooted prerequisite for impeaching a President. Nor do we believe that the Majority has come anywhere close to establishing the impeachable misconduct alleged by the required clear and convincing evidence. Historian Arthur Schlesinger, appearing before the Committee on November 9, 1998, explained the grave dangers of "dumbing-down" the impeachment process for largely private misconduct: Lowering the bar to impeachment creates a novel, indeed revolutionary theory of impeachment, a theory that would send us on an adventure with ominous implications for the separation of owers that the Constitution established as the basis of our political order.1 Impeachment is like a wall around the fort of the separation of powers fundamental to our constitution; the crack we put in the wall today becomes the fissure tomorrow, which ultimately destroys the wall entirely. This process is that serious. It is so serious the wall was not even approached when President Lincoln suspended the writ of habeas corpus, nor when President Roosevelt misled the public in the lend-lease program, nor when there was evidence that Presidents Reagan and Bush gave misleading evidence in the Iran-contra affair. -
The 1995 Blog Ick Alert? TV Dramatizations of Clinton-Lewinsky
The 1995 Blog Ick alert? TV dramatizations of Clinton-Lewinsky scandal airing or in works More than 20 years after it ended, the scandalous affair of Bill Clinton and Monica Lewinsky still fascinates, still strangely exerts a hold on popular culture. How otherwise to explain news of prospective televised dramatizations about the improbable liaison between the president and an intern, an affair that began during a partial government shutdown in 1995 and led to Clinton’s impeachment in 1998? Word circulated yesterday that the History Channel is moving ahead with a six-part dramatization the Clinton- Lewinsky scandal, based on The Breach: Inside the Impeachment of Bill Clinton, a book by Peter Baker. And the Washington Post noted that “possibly in the works is Amazon’s ‘Linda and Monica,’ a not-quite-buddy movie Clinton and Lewinsky, mid-November 1995 about the relationship between … Lewinsky and her onetime friend Linda Tripp, who recorded the pair’s conversations about Lewinsky’s affair with Clinton and turned them over to investigators.” I happened to find the Reelz dramatization on cable last night. The show’s ick factor is pronounced. The actors looked a bit like Clinton, Lewinsky, and Linda Tripp. But not surprisingly, none of the characters was much developed. While it hewed more or less to the well-known outlines of the scandal, the show offered no good explanation as to why Clinton eagerly took the risks he did in carrying on a sexual dalliance with a brazen and willing intern 27 years his junior. Monica Lewinsky and The President's Flirtatious Relation… Reelz depicts Lewinsky as a floozy ever-eager to get her hands on Clinton and his zipper, and the mirthless, goatish Clinton character is seldom inclined to resist. -
House Report 105-830
TABLE OF CONTENTS Articles of Impeachment Table of Contents I. Introduction II. Narrative A. The Paula Jones Litigation B. The Relationship Between President Clinton and Monica Lewinsky C. The Events of December 5-6, 1997 - President Clinton Learns Ms. Lewinsky is on the Witness List D. The Search for a Job for Ms. Lewinsky E. The Events of December 17, 1997 - President Clinton Informs Ms. Lewinsky that She is on the Witness List F. The Events of December 19, 1997 - Ms. Lewinsky Receives a Subpoena G. The Events of December 28, 1997 - Ms. Currie Retrieves the Gifts H. The Events of January 5-9, 1997 - Ms. Lewinsky Signs the False Affidavit and Gets the Job I. The Filing of the False Affidavit J. The Events of January 17, 1998 - President Clinton and Mr. Bennett at the Deposition K. The Events of Late January, 1998 - The Deposition Aftermath L. The Events of August 17, 1998 - The Grand Jury Testimony M. Answers to the Committee’s Requests for Admission III. Explanation of Articles of Impeachment A. Article I - Perjury in the Civil Case 1. The Committee concluded that, on August 17, 1998, the President provided perjurious, false, and misleading testimony to a Federal grand jury concerning the nature and details of his relationship with a subordinate government employee. 2. The Committee concluded that the President provided prejurious, false, and misleading testimony to a Federal grand jury concerning prior perjurious, false, and misleading testimony he gave in a federal civil rights action brought against him. 3. The Committee concluded that the President provided perjurious, false, and misleading testimony to a Federal grand jury concerning prior false and misleading statements he allowed his attorney to make to a Federal judge in that civil rights action.