Clinton Lawyers Ask Court To Cite Starr For Leaks
Lewinsky subpoenaed for grand jury
By Wolf Blitzer and Eileen O'Connor/CNN
WASHINGTON (Feb. 9) -- President Bill Clinton's private lawyer, David Kendall, filed a motion in U.S. District Court Monday afternoon, asking for a contempt citation against
Independent Counsel Ken Starr for allegedly leaking secret grand jury testimony.
Meanwhile, former White House intern Monica Lewinsky has been subpoenaed to appear before Starr's federal grand jury in Washington Thursday, CNN has learned.
But Lewinsky's lawyers, Bill Ginsburg and Nathaniel Speights, are expected to file a motion Tuesday seeking to quash the subpoena.
At the same time, her lawyers are expected to file a separate motion asking the court to enforce what they say is a binding agreement from Starr's office offering Lewinsky full immunity.
Starr's office denies his office has committed to a full immunity agreement, insisting that Lewinsky must first appear before the Office of the Independent Counsel for a face-to-face interview followed by possible polygraph tests.
Starr's office is investigating whether President Bill Clinton had an affair with Lewinsky and then urged her to lie about it under oath. Clinton has denied both accusations.
Lewinsky's lawyers say such interviews and polygraphs can take place but only after they have been assured that she has full immunity.
Sources close to the case say Lewinsky's attorneys received the subpoena in Los Angeles last week.
Other sources, meanwhile, say onetime Lewinsky friend Linda Tripp is not likely to be called to the grand jury before Lewinsky.
Kendall, Clinton's lawyer, released a short written statement after filing his motion challenging the alleged leaks from Starr's office.
"We have made a filing this afternoon with the U.S. District Court for the District of Columbia. The filing is under seal and we will have no further comment," Kendall's statement said.
As has been widely reported, if Lewinsky is not granted full immunity, she can be expected to take the Fifth Amendment against self-incrimination if she does appear before the grand jury.
At that point, Starr's staff probably would have to grant her what is called "use immunity," meaning she could not be prosecuted for anything she said during her grand jury appearance.
If she still refused to testify, she would be held in contempt of court, as has been the case with Whitewater figure Susan McDougal.
In connection with the Paula Jones sexual harassment lawsuit against the president, Lewinsky filed a sworn affidavit denying a sexual relationship with Clinton.
Meanwhile, Lewinsky told yet another friend about her alleged relationship with Clinton, sources tell CNN. Sources say that Ashley Raines, who now works in the Office of Administration at the White House, has been talking to investigators for Starr, and has been questioned in great detail.
Raines testified to the Starr grand jury in Washington on Jan. 29. She and her attorney were in the grand jury area of the District court building for more than four hours, although it was unknown how long her actual testimony lasted. Until Sunday, the identity of the woman who testified that day was unknown. She had been dubbed the "mystery witness" by the press.
Sources tell CNN that Raines has given detailed accounts to investigators of what Lewinsky told her of the alleged sexual relationship with the president.
Newsweek, which first reported the story, citing lawyers "close to the president's defense," is reporting that Raines told investigators from Starr's office that she had listened to telephone messages from Clinton that were left on Lewinsky's answering machine. Newsweek did not elaborate on what Raines heard on those tapes.
Sources stress that Raines is not claiming first-hand knowledge of the alleged affair, only passing on what she was told by Lewinsky.
Another source, a onetime co-worker of Lewinsky, tells CNN that Raines was among about half a dozen friends and colleagues who would routinely exchange e-mail messages with Lewinsky.
An attorney for Raines said she will have no comment on her testimony in the Lewinsky investigation.
In a statement read to CNN, attorney Wendy White said, "Neither Ms. Raines, nor I, nor any member of her family will have any comment on any aspect of the investigation by Mr. Starr's office."
White is a former attorney in the White House counsel's office. Sources told CNN Raines was referred to White by White House officials.
Raines was described by colleagues as a low-key, hardworking
staffer in the White House Office of Administration. Several aides said among her duties is keeping track of pagers issued to White House staff.
Leaving his house Sunday, Starr refused to confirm or deny the Newsweek report, citing rules regarding grand jury testimony.
A lawyer familiar with the White House strategy says that Raines was subpoenaed in mid-January and reported the subpoena to the White House counsel's office. She was referred to White, who used to work at the White House Counsel's office.
The source tells CNN that White was debriefed by Clinton attorneys, and says that Kendall, who leads the Clinton legal team dealing with the Lewinsky allegations, is debriefing any lawyers for grand jury witnesses who are willing to talk. For example, Stanley Brand, attorney for George Stephanopoulos, was debriefed following Stephanopoulos' grand jury appearance. This is entirely legal, as long as witnesses give consent to their attorneys.
This systematic debriefing process enables Clinton lawyers to better track the progress of the Starr investigation.
The existence of the debriefing effort, however, also makes it clear that while the White House continues to claim that Starr's office is the only possible source of many leaks, it actually has access to quite a bit of "secret" grand jury information. Many Republicans, including Rep. Dan Burton and Senate Majority Leader Trent Lott, are suggesting that many leaks could be coming from the White House.
In another development, Lewinsky's attorney, Ginsburg, said Monday that alleged leaks of sensitive testimony in the case are more unfair to his client than they are to Clinton.
Ginsburg told CNN that Lewinsky is an ordinary citizen and that the leaks
are more unfair to her than the president. He added that they are disastrous
and must be stopped. He said that anything that Kendall, Clinton's attorney, files in regard to leaks, he will support.
Ginsburg denied that there is a specific meeting set up for Wednesday between Lewinsky and Starr. Lewinsky and Ginsburg, however, may leave Los Angeles for Washington later this week, depending on Lewinsky's schedule.
CNN's John King contributed to this report.