Starr Takes Secret Service Fight To Supreme Court
He asks justices to consider Lindsey's privilege
WASHINGTON (AllPolitics, June 2) -- In an unexpected move, Independent Counsel Ken Starr has taken another legal battle in the Monica Lewinsky controversy to the Supreme Court. Starr is asking the high court to intervene in his attempt to have three Secret Service employees testify before the grand jury.
In his filing, Starr said he "has reason to believe that the 'privileged' observations that [the] Secret Service is currently
withholding from the grand jury would constitute important evidence" in determining whether federal crimes have been committed.
Starr has already asked the justices to intervene in his effort to compel testimony from White House Deputy Counsel Bruce Lindsey and he asked the court again Tuesday to take up the Lindsey matter, even
though President Bill Clinton has dropped his claim of executive privilege.
"We will be blunt: the nation has a compelling interest that
this criminal investigation of the president of the United States
conclude as quickly as possible -- that indictments be brought,
possible reports for impeachment proceedings issued, and
non-prosecution decisions announced. This court's immediate review
would powerfully serve that vital goal," Starr wrote.
Starr would like to argue both the Secret Service and the Lindsey attorney-client privilege issues on June 29 before the Supreme Court recesses for the summer.
In response to Starr's latest maneuver the White House said it would stand firm on the moving the cases through the conventional legal process.
"Mr. Starr himself has said: 'In court, there are a lot of rules and you better play by them.' That's exactly what we're doing in going to the Court of Appeals and Mr. Starr is trying to end-run the rules and leapfrog the legal process," said White House spokesman Jim Kennedy.
The White House notified the Supreme Court Monday it would drop a planned appeal of a federal judge's decision on executive privilege. The court had given the White House a Monday afternoon deadline, following Starr's motion last Thursday for the Supreme Court to hear the executive privilege arguments on a fast-track basis.
Clinton's legal defense team will continue to argue attorney-client privilege in the case of Lindsey. Documents filed with the high court Monday urged the justices not to accelerate the review of an attorney-client privilege.
But Starr's filing on Tuesday disputed Clinton's assertion that there was no reason to fast-track the matter.
"The president's response treats this as a matter-of-fact
investigation," Starr wrote. "But the unhappy fact is that, at the determination
of the attorney general herself, a president is under serious
criminal investigation. That unfortunate circumstance is a rare
occurrence in our nation's history."
Also on Monday, the Justice Department filed a notice of intent to appeal a court ruling compelling Secret Service personnel to testify in the investigation of Clinton's relationship with the former intern.
The notice of intent does not guarantee an appeal, but does give the Justice Department the option should it choose to do so. Starr's move Tuesday seeks to circumvent an appeal and have the matter decided by the Supreme Court.
U.S. District Court Judge Norma Holloway Johnson ruled last month that Secret Service personnel who protect the president must answer questions before the grand jury investigating reports that Clinton had a sexual relationship with Lewinsky, and encouraged her to lie about it under oath. Clinton has denied both accusations.
The Justice Department and the Secret Service had attempted to invoke a "protective function privilege," arguing the possibility of testimony could force the president to distance himself from his protectors.
The Associated Press contributed to this report.
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