Judge Rules Against Clinton On Executive Privilege
By Wolf Blitzer/CNN
WASHINGTON (May 5) -- In a setback for President Bill Clinton, a federal judge has ruled that White House aides may not claim executive privilege before the Whitewater grand jury looking into sex-and-perjury allegations against the president.
Unless the White House appeals and wins, the decision means White House aides Sidney Blumenthal and Bruce Lindsey will have to appear before the grand jury and answer its questions.
Lindsey is a lawyer and longtime friend of the president; Blumenthal was a sympathetic journalist before he joined the White House as a communications advisor.
The ruling is under seal and the White House had no immediate comment on the decision, although sources said an appeal is likely. It is not believed that the ruling relates to the issue of whether Secret Service agents, who protect the president, can be called to testify.
The White House had sought to protect the aides from having to testify because of their close relationship with the president.
White House aides told The Associated Press that Clinton's claim was limited and sought to prevent questions about White House strategy, not Clinton's relationship with ex-White House intern Monica Lewinsky.
The grand jury is looking into reports that Clinton had a sexual relationship with Lewinsky and encouraged her to lie about it under oath. Clinton has denied both accusations.
In an earlier, related decision, the D.C. Court of Appeals has ruled that Judge Norma Holloway Johnson, the federal judge overseeing Independent Counsel Ken Starr's Whitewater grand jury in Washington, can decide whether to keep the executive privilege hearings closed to the news media, according to sources who have been officially informed of the ruling.
Several major news organizations, including CNN, had filed a suit asking that the hearings be opened up. At issue is whether Starr can compel White House aides and Secret Service agents and officers to testify before the grand jury.
Sources say the Court of Appeals has decided the judge has the discretion to open or close the sessions, or simply release transcripts. Until now, she has kept them closed, and the expectation is she will continue to do so.
Meanwhile, the White House continues to go after Starr on several fronts.
As far as his decision not to have the Little Rock grand jury indict first lady Hillary Rodham Clinton, an official, who declined to be identified by name, said, "We have little doubt that Starr will continue to try to damage her with leaks, rumors, and innuendo."
The spokesman for the White House counsel's office, Jim Kennedy, said, "The first lady has done nothing wrong so there's no basis for indictment."
Kennedy is also attacking Starr for continuing his private legal practice even while he says there's "no end in sight" to his Whitewater investigation.
Tuesday Starr was arguing a case on behalf of Meineke Discount Mufflers Inc. in Richmond, Va.
"When he woke up this morning," Kennedy said, "Ken Starr had a choice: to serve the public or himself. He chose the latter."
CNN's John King and The Associated Press contributed to this report.
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