From: Bob Franken
In: Washington
Posted 6-6-97

Subject: Justice Sides With Hillary On Notes Request

The Justice Department, in a closely watched move, has filed a friend-of-the-court brief with the Supreme Court, supporting the contention of Hillary Rodham Clinton that notes of two conversations she had with White House lawyers did not necessarily have to be turned over to Independent Counsel Kenneth Starr.

Justice, which had an internal conflict on the issue, came down on Clinton's side -- rather than that of many career prosecutors -- in opposing a lower appeals court ruling that said government lawyers never enjoyed attorney-client privilege.

In urging the Supreme Court to hear the case, the Justice Department "amicus" brief described competing needs between "the president's interest in confidentiality" versus "the demands of criminal law enforcement."

The brief suggested the independent counsel would have to prove to a trial judge that the information in the notes was necessary to his investigation, saying "a district court ... must resolve the dispute over the availability and use of the information."

The Little Rock grand jury investigating Whitewater has subpoenaed the notes. By the end of its term in July, the Supreme Court is expected to decide whether to hear the case. If it does so, as Justice advocates, the question would not be resolved until the Supreme Court's next term, which begins in October. If the justices decide not to hear the case, the first lady would have to turn over the notes.