 |
 |
| |||||||||||||||||||||
Court declines to end Starr probe
August 18, 1999 WASHINGTON (CNN) -- The federal court panel that appointed Independent Counsel Ken Starr has split over whether to end the five-year independent counsel investigation, voting 2-1 to keep it alive. Judge Richard D. Cudahy dissented from his fellow judges, saying that with President Bill Clinton already impeached and acquitted, and no prosecutions pending against others, "this is a natural and logical point for termination." "An endless investigation, which the passivity of the majority invites, can serve no possible goal of justice and imposes needless burdens on the taxpayers," Cudahy wrote in an opinion filed Wednesday. The independent counsel statute calls for the three-judge panel appoints the independent counsel to periodically review the status of the investigation and decide whether to keep it alive. Starr's probe was reviewed by the judges in 1996, 1998 and this year. All previous reviews have ended with the three-judge panel voting 3-0 to continue. Starr's controversial investigation of the Clintons led to the president's impeachment by the House of Representatives and eventual acquittal by the Senate. It was the first impeachment of a president since Andrew Johnson in 1868. The other two judges -- senior appellate Judge Peter Fay and U.S. Circuit Judge David Sentelle -- said the court has received Starr's assurances that his office's work continues. The court did not seek more detail because it does not have the authority to supervise his office, they wrote in their opinion. Their opinion noted that Starr's investigation has been "unusually productive," yielding 24 indictments, 16 convictions and the impeachment of Clinton. Cudahy was appointed by President Jimmy Carter in 1979 while Fay was appointed a federal appeals judge by President Richard Nixon and Sentelle by President Ronald Reagan. Starr's office declined to comment. The court's opinion was issued as questions were raised about whether Starr would leave the job before his office writes its final report. The law that created Starr's post expired June 30, but did not stop the work of existing independent counsels. Starr's associates say Starr has made no secret of his desire to step down after five years on the job but they say no final decision has been made. His staff has had theoretical discussions with Justice Department attorneys about how his unfinished work would be handled if he left, say Justice Department sources. Starr could be in for some criticism for failing to be available to answer questions if he left before a final report is issued but a former Starr deputy said it would be fine for him to leave now. "I think it's perfectly proper for him to leave. You could criticize somebody at any point along the line when they want to leave but if anybody has paid his dues, Ken Starr has," said Sol Wisenberg, who was a former deputy independent counsel on Starr's team. Starr was told by Justice Department officials they probably would be unable to take over his unfinished investigation of the Clintons, the official said. One legal scholar says the Justice Department shouldn't take over Starr's probe. "One of the ideas of the reporting requirement is that it's supposed to be an independent report of this independent special prosecutor, and therefore I think it's much more appropriate and it was envisioned that the report would be completed by someone outside the department," said Stephen Saltzberg, a former deputy assistant attorney general. That could leave the door open for one of Starr's deputies could finish the investigation and make the final report. Starr resigned once before in February 1997 to take a job at Pepperdine University in California. But he rescinded it within days after coming under heavy criticism for leaving the post before his investigation was completed. There would be one immediate benefit for Starr if he left early: Justice Department officials say they'd be less likely to follow through on a far-reaching investigation of his controversial tactics. Among Starr's unfinished business: issuing a final report to the court that appointed him on his entire investigation and wrapping up loose ends of two criminal probes. Sources say they include the White House travel office firings and an alleged effort by Democratic party fundraiser Nathan Landow to influence Kathleen Willey's grand jury testimony. She's accused the president of groping her in the White House. Sources say it's highly unlikely Starr would indict either the president or the first lady. CNN's Wolf Blitzer and The Associated Press contributed to this report. |
|
| ||||||||||||||||||||
MORE STORIES:Wednesday, August 18, 1999
• Is Bush ready for the White House? • McCain picks up Thompson endorsement • Surveyors take measure of the Washington Monument • Smith splits with Taxpayers Party • Democrats, GOP clash on tax cuts during August recess • Clinton vacation wrapped around work • LaRouche seeks matching funds • Aide: Giuliani not rethinking abortion • Bradley touts gun, hate laws • Bush circle of advisers diverse • Tripp seeks indictment dismissal | ||||||||||||||||||||||
