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Starr had copy of Lewinsky's affidavit before filing

Where did he get it?

By Pierre Thomas/CNN

March 4, 1999
Web posted at: 11:37 a.m. EST (1637 GMT)

WASHINGTON (March 4) -- Independent Counsel Ken Starr's office clearly had a copy of Monica Lewinsky's affidavit denying a sexual relationship with President Bill Clinton before it was filed with the court.

In her new book, Lewinsky said one of Starr's prosecutors flashed the affidavit on the night she was confronted about the scandal after meeting Linda Tripp at the Ritz Carlton in Northern Virginia.

Starr
Ken Starr reportedly had a copy of Monica Lewinsky's affadavit in the Paula Jones case  

The question: How did Starr's office obtain the affidavit? Is it evidence of collusion between Starr and attorneys for Paula Jones, who had been sent the affidavit prior to it being filed in court?

Starr's office says no.

In a previously released letter to the House Judiciary Committee, Starr wrote: "...when we received the affidavit, we understood that it had been provided to us by Mr. (James) Moody, who had received it in his capacity as Mrs. (Linda) Tripp's attorney."

The issue of whether Starr's office had contacts with Jones' attorneys is critical to a pending investigation of the Office of the Independent Counsel (OIC) by Attorney General Janet Reno.

Justice Department officials want to know if Starr's office intentionally misled them, withholding details about contacts with people affiliated with Jones. Such contacts might be considered a conflict of interest and might have affected Reno's decision to support Starr's appointment to investigate the Lewinsky matter.

The question of an investigation of Starr's office has chilled relations between the Justice Department and the OIC.

The issue is extraordinarily sensitive in part because the independent counsel statute provides for no disciplinary action other than removal of an independent counsel if allegations of wrongdoing are found to be proven.

Originally, Reno had proposed that the Justice Department's Office of Professional Responsibility conduct the investigation of Starr and his staff.

However, Starr expressed concerns about the agency's involvement in a potential probe in a recent letter to Reno. Since that time, Justice officials have been struggling to construct a plan that would appear fair to Starr.

Reno now is considering bringing in an outside investigator to look into allegations of misconduct by Starr's office.

Among the options being discussed is having someone from a U.S. attorney's office outside of the Justice Department headquarters lead the investigation.

Also under consideration is choosing someone completely outside of the Justice Department, such as a former or retired judge.

But, the question of whether Reno has the authority to investigate allegations of misconduct by Starr's office may be decided by the three-judge panel that appointed him.

The panel has given Reno and Starr 15 days to outline their positions on the question of whether the Justice Department should investigate the independent counsel, CNN has learned. The written arguments must be submitted by next week.

The panel's action is in response to a motion filed by the Landmark Legal Foundation, a conservative public interest law firm. The foundation has asked the court to bar Reno from probing allegations of wrongdoing by Starr's staff.


Investigating the President

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Thursday, March 4, 1999

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