March 18, 1999
Web posted at: 2:24 p.m. EDT (1748 GMT)

WASHINGTON (AllPolitics, March 18) -- The Justice Department can go forward with its investigation of Independent Counsel Ken Starr after a federal appeals court Thursday dismissed an outside challenge to the probe.

The three-judge panel rejected a claim by the Landmark Legal Foundation, a conservative group, which had gone to the court to block Attorney General Janet Reno from investigating Starr and his office. The panel held Landmark had no legal standing to intervene.

And because of its own limited jurisdiction, the court said it did not have the power to review the attorney general's action and could not go beyond the powers set out in the Ethics In Government Act.

"That act enumerates our limited powers. The enumeration does not include the relief prayed (sought) by Landmark ..." the court said.

Landmark is a private conservative group. It argued that only Congress -- not Reno -- could investigate the independent counsel.

Both the Justice Department and Starr's office opposed Landmark's request, arguing that the group had no legal standing to intercede in the case.

The panel agreed, saying Landmark could not sustain its case because the organization has not "suffered a concrete and actual or imminent injury" by the Justice Department's investigation.

"We find nothing in Landmark's motion that could even remotely be considered an injury to itself," the court said.

The Justice Department is investigating allegations of misconduct by Starr and his prosecutors during their investigation of President Bill Clinton's relationship with Monica Lewinsky.

Justice: Judges can't intervene

In a brief to the court, the Justice Department outlined its position that the three-judge panel had no jurisdiction to rule on whether the attorney general has authority to investigate Starr's office.

The judges, in turn, ordered the Justice Department and Starr's office to respond to the Landmark 's attempt to block Reno. The court's order requiring Starr and Reno to outline their positions, clearly suggested the judges believed they may have some jurisdiction.

But Justice's motion stated the independent counsel statute provides the three-judge panel no power to intervene in such matters and concluded the law clearly provided Reno authority to investigate Starr.

The independent counsel statute allows the attorney general to fire an independent counsel for "good cause." As a result, the attorney general must have some method or means to reach her decision, Justice officials concluded.

In a separate filing, Starr's office agreed that Landmark had no standing to intervene.

However, Starr chose not address whether the three-judge panel had jurisdiction in the case.

Among the possible irregularities that Justice is looking into include Starr's request to Attorney General Janet Reno for jurisdiction to investigate the Lewinsky matter and the initial meetings between the counsel's office and Lewinsky in January 1998.

CNN's Pierre Thomas and The Associated Press contributed to this report.

Thursday, March 18, 1999

• Deputy independent counsel says he wrote 'rough draft indictment' of Hillary Clinton
• Business leaders condemn U.S. election financing
• Democrats say Republican budget sacrifices Medicare for tax cuts
• Court clears way for Justice investigation of Starr
• House OKs missile defense plan
• David Duke files for Congressional race
• Judge dismisses count against Hubbell
• Democrats revive campaign funding bill
• Senate saves independent counsel funding
• Poll: Mrs. Clinton ahead in New York race
• Government estimates Y2K cost at $6.8B
• Debate opens over HMO rights
• Term limits backer rethinks pledge
• Web sites to play role in 2000 race
• House leaders consider pay raise
• GOP budgets, emphasizing tax cuts, Social Security, move forward

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