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Judge rejects Hubbell's motions to dismiss six charges

By Terry Frieden/CNN

February 17, 1999
Web posted at: 12:12 p.m. EST (1712 GMT)

WASHINGTON (February 17) -- A federal judge Tuesday rejected a motion by former Associate Attorney General Webster Hubbell to dismiss nearly half of the allegations in a Whitewater-related indictment brought against him by Independent Counsel Ken Starr.

Hubbell
Webster Hubbell  

U.S. District Judge James Robertson refused to dismiss six counts of a 15-count indictment against President Bill Clinton's longtime friend brought by Starr's prosecutors last November.

Hubbell claimed the charges related to activities covered in his 1994 plea agreement in which Hubbell admitted overbilling and defrauding the Rose Law Firm and his legal clients, including two government agencies.

The charges involve allegations Hubbell lied to federal regulators about his role and that of his then-law partner Hillary Rodham Clinton when they did work for a failed Arkansas savings and loan association owned by the Clintons' Whitewater partner, James McDougal.

Hubbell attorney John Nields, Jr. complained to the judge that Starr's team was hounding Hubbell. "The law does not look sympathetically at the government for prosecuting someone over and over and over again," Nields said.

But Judge Robertson responded, "This case is not about sympathies."

Despite Tuesday's ruling, the prosecutors still face legal hurdles in the case, including a possible evidentiary hearing on why they delayed bringing charges for two years.

Hubbell claims the charges were not brought until two potentially important witnesses were unable to testify. McDougal died in a federal prison last year while serving a Whitewater sentence. Seth Ward, Hubbell's elderly father-in-law and a McDougal associate, is now too feeble to testify.

Prosecutor Jay Apperson told the judge Hubbell will have a difficult time attempting to prove his claim the delay was an intentional legal strategy.

Judge Robertson scheduled a hearing on the issue for March 2 and said he intends to begin the trial as scheduled on June 14.

Hubbell faces a second separate trial in a tax fraud case Starr brought against him. Those charges were thrown out by Robertson last year, but reinstated by a federal appeals court in January. That case involves allegations Hubbell received "hush money" from Clinton friends to buy his silence on possible Clinton wrongdoing.

Hubbell adamantly denies the charges.


RELATED STORIES

Hubbell 'disappointed' by appeals court decision (1-26-99)

Hubbell pleads innocent to latest Whitewater charges (11-23-98)

Justice Department supports Hubbell against Starr (9-29-98)


RELATED SITES

Justice Department Web site




MORE STORIES:

Wednesday, February 17, 1999

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