Appeals Court Fast-Tracks Attorney-Client Privilege Argument
By John King/CNN
WASHINGTON (June 5) -- The U.S. Circuit Court of Appeals is moving quickly to hear the legal dispute between the Clinton Administration and Independent Counsel Ken Starr over attorney-client privilege and privilege for Secret Service personnel.
A day after the Supreme Court refused to immediately take the case, the appeals court instructed the White House to file its appeal brief by June 15. Starr has until June 22 to respond, and then the White House can file a rebuttal brief by June 25.
The court said it would hear oral arguments the week of June 29 and would set an exact date in the near future after consulting attorneys from both sides.
At immediate issue is the testimony of White House Deputy Counsel Bruce Lindsey, the president's closest confidant. But if Starr wins the right to question Lindsey, the White House anticipates other government lawyers involved in White House "damage control" efforts in the Monica Lewinsky controversy will also be subpoenaed by Starr.
The Justice Department is also fighting efforts by Starr to compel three Secret Service employees to testify before the grand jury investigating the Lewinsky matter.
The loser at the appeals court level could appeal to the Supreme Court later, and the timetable outlined Friday suggests an appeal could be awaiting the Supreme Court when it returns to work in October after its traditional summer break.
Starr 's office filed papers Thursday at the appeals court to request action on a "very expedited basis" to decide whether to overturn White House claims to attorney-client privilege and privilege for the Secret Service personnel in grand jury proceedings.
Starr declined to comment on whether he will file an interim report to Congress on the Lewinsky sex-and-perjury allegations in the meantime. He added ,however, "We have a statutory duty and we will live up to our statutory duty."
Starr's grand jury is examining allegations that Clinton lied under oath about whether he had a sexual relationship with Lewinsky, a former White House intern, and urged her to do the same. Clinton has denied wrongdoing.
Separately, a House Democratic leadership source tells CNN there is increasing "cloakroom buzz and chatter" about the hard White House line against having Clinton testify in the Lewinsky investigation. The White House insists no final decision has been made, but Clinton's lawyers have been resisting Starr's requests to question the president under oath.
The leadership source said several senior Democrats who have defended the president "are troubled by the idea he won't testify. It is still more chatter than strategy talk , but he won't be able to depend on people standing up for him if he won't answer questions ... It's an under-the-radar screen thing right now, but people are certainly talking about it."
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