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Lawyers for Judiciary Committee present two starkly divergent cases

Schippers , Lowell read the facts differently

WASHINGTON (AllPolitics, October 7) -- In their arguments to the House Judiciary Committee this week, investigators from the Republican majority and Democratic minority each had one hour to analyze the case against President Bill Clinton referred to Congress by Independent Counsel Ken Starr.

Both lawyers used the same evidence, but presented vastly different conclusions to the panel.

The GOP chief investigator, David Schippers, put the facts together and found a presidentially driven conspiracy to conceal evidence, provide false testimony and tamper with witnesses.

Schippers, a Chicago attorney, even broadened the list of alleged impeachable offenses from the one submitted by Starr, finding 15 possible grounds, as opposed to the 11 presented by Starr.

The Republican counsel diverged from the independent counsel's report by adding four new grounds and dropping the two counts of abuse of power.

By adding a conspiracy charge, what Schippers appears to have done, say legal experts, is make a stronger case for a weaker charge: conspiracy to obstruct justice, rather than obstruction of justice itself.

He concentrated on the three days following Clinton's deposition in the Paula Jones sexual harassment case, rattling off a list of 57 phone calls and three meetings which took place during that period between some combination of the principal players: Clinton, presidential pal Vernon Jordan and Clinton's secretary, Betty Currie. Schipper's goal? To tell the story of an orchestrated attempt by the three to cover up the president's relationship with former White House intern Monica Lewinsky.

But the Democrats' top lawyer, Abbe Lowell, disagreed with his counterpart's interpretation of the events and instead told a more ordinary story, simply of a man trying to hide an extramarital affair.

Lowell echoed the Democratic mantra, saying Clinton's alleged acts, even if proven to be true, do not rise to the level of "high crimes and misdemeanors."

"That the president was engaged in an improper relationship which he did not want disclosed is the core charge that Mr. Starr and the majority suggests triggers this constitutional crisis," Lowell said.

The two committee counsels differed on both the case as a whole and in the particulars, such as whether the president tried to get Lewinsky a job so she would lie in the Jones case.

"Mr. Jordan secured a job for Ms. Lewinsky with a phone call placed on the day after Ms. Lewinsky signed a false affidavit protecting the president. Evidence indicates that this timing was not coincidental," said Schippers.

Lowell countered, "Hasn't everyone now seen that the job search began by others than the president long before the Jones case issue arose?"

On the charge of witness tampering, Schippers said, "After completing his deposition testimony on January 17, 1998, the president and Vernon Jordan exchanged three telephone calls. The president also called Betty Currie and asked her to meet with him on the following day."

Lowell countered, "Ms. Currie was not listed to be deposed and was not on the witness list in the Jones case ... Ms. Currie then, was not a witness who could have been tampered with."

In another instance where Schippers appears to have lowered the bar, he drops Starr's use of the crime "perjury," instead simply saying the president gave "false statements" in his testimony. Either way, the GOP counsel seems to think that is enough to throw him out of office.

"The subject matter of the underlying case, whether civil or criminal, and the circumstances under which the testimony is given are of no significance whatever. It is the oath itself that is sacred and must be enforced," Schippers said.

But Lowell compared the charge to the last time Congress considered impeachment. "If President Nixon's alleged lies to the IRS about his taxes were not grounds for impeachment in 1974, how are alleged lies about President Clinton's private sexual relationship with Ms. Lewinsky grounds in 1998?" Lowell asked.

CNN's Candy Crowley and Jeanne Meserve contributed to this report.

Investigating the President
AllPolitics' in-depth look at the investigation into the president's relationship with Monica Lewinsky.

HEADLINES
Starr puts first lady on witness list for Hubbell trial (6-23-99)

Hatch demands conclusion to Justice probe of Starr (6-17-99)

Starr: Independent Counsel Act should not be renewed (4-14-99)

Clinton's contempt citation not a surprise to many (4-13-99)

MORE HEADLINES and 1998 ARCHIVES


DOCUMENTS

Closed-door statements of senators

Full text of the articles of impeachment

Starr report or use the interactive guide


INTERACTIVE

Acquittal Reaction

Timeline


PLAYERS

Cast of characters


'TOONS
Thank you sir, may I have another?

Bill Mitchell: Thank you sir, may I have another? (8-20-99) more

More impeachment toons


DISCUSSION

Message Board: Independent counsel

Voter's voice



MORE STORIES:

Tuesday, October 6, 1998



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