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http://www.legislate.com/xp/p-clinton/i-1998112001/a-911600445/article.view

Abrupt Resignation by Starr's Ethics Adviser Buoys Democratic Critics

by Justin Pritchard and Amy Branson
LEGI-SLATE News Service

WASHINGTON (Nov. 20) -- Independent Counsel Kenneth Starr's paid ethics advisor -- former Senate Watergate Committee lead attorney Samuel Dash -- resigned in protest Friday, citing Starr's decision to testify before the House Judiciary Committee as "an aggressive advocate" for impeachment.

"You have seriously harmed the public confidence on the independence and objectivity of your office," Dash told Starr in his resignation letter.

Starr responded later, when questioned by reporters, by saying, "Reasonable minds can differ, as is obviously the case."

The resignation came the morning after Starr told the Judiciary Committee at an historic presidential impreachment hearing that he had profited from Dash's "great wisdom" during his four-year investigation into suspected wrongdoing by President Clinton.

Congressional Democrats used Dash's letter to amplify their criticism of Starr while Republicans dismissed the matter as insignificant. Adding to the post-impeachment hearing fallout, lawmakers debated how Thursday's appearance by Starr affected the inquiry and any possible votes on one or more articles of impeachment.

Still, the Dash resignation preoccupied players in the impeachment debate.

Starr "was merely complying with the law when he testified," said Judiciary Chairman Henry Hyde, R-Ill. "If he had not agreed to testify at our request, we would have been compelled to subpoena him."

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Dash wrote Starr that he did not object to the independent counsel's unprecedented appearance as such, but rather Starr's pointed recommendation that Clinton should be impeached.

"You have no right or authority under the law ... to advocate for a particular position on the evidence," Dash wrote in the two-page letter. "Constitutionally, as you have recognized, the House has the sole power of impeachment."

On Friday, Meehan reiterated the point to reporters, noting that Dash's complete statement, made in April 1996 about Starr's willingness to take on outside clients who were Clinton's political opponents, included: "If I had my own preferences, I'd hope he'd be a full-time independent counsel."

Starr responded by emphasizing the reasonable, principled disagreement he and Dash have on that issue. It was a theme Starr returned to Friday morning when he publicly reacted to Dash's letter.

"By your willingness to serve in this improper role you have seriously harmed the public confidence in the independence and objectivity of your office. Frequently you have publicly stated that you have sought my advice in major decisions and had my approval," Dash added. "I cannot allow that inference to continue regarding your present abuse of your office and have no other choice but to resign."

Dash, a law professor at Georgetown University who served as the Senate Watergate Committee's Democratic majority counsel, is regarded as a magnanimous arbiter, a reputation highlighted by his conduct during the Nixon scandal. And Democrats wielded his reputation like a weapon, even though Dash wrote that Starr had acted "with integrity and professionalism" during the four-year probe into Clinton's activities.

"Ken Starr's willingness to make the case for impeachment just reinforces the concerns many of us have had about his judgement," said Rep. Marty Meehan. D-Mass. "Sam Dash's criticism ... is right on target."

It was Meehan who on Thursday used Dash's own words to needle Starr over his willingness to draw a $1-million-plus salary from his law firm even while working as an independent counsel. "Mr. Starr, your own ethics adviser, Sam Dash, is on the record stating that, while your conduct [in maintaining a private law practice] ... violated no technical legal ethics rules, that conduct, and I quote 'does have an odor to it,'" Meehan said.

"Sam Dash is a man of total principle, and I love Sam Dash and I think he did feel strongly that while we had properly submitted the referral to Congress, that it was wrong for me to go forward and to testify yesterday in the way that, as he saw it, that I did," Starr said. "This was so important to him that he felt that the right thing to do was to take the action that he has taken. And I admire that."

Though Dash's sprint from Starr set Washington's political establishment abuzz, some Republican lawmakers went public with their latest thoughts on how they would vote on the question of impeaching Clinton.

Moderate Rep. John Porter, R-Ill., -- who is not a member of the Judiciary Committee -- said he would not vote for articles of impeachment if the House receives no new information on the case. He prefers censure, and said that drafting such a resolution would draw strong support from both sides of the aisle.

It is believed that there is a group of 20 or more GOP moderates in the House who would vote against impeaching the president -- plenty of votes to sink any articles of impeachment drafted by the House committee.

"If I'm correct, the votes aren't there," Porter added.

Other Republicans who have been quoted in news stories in opposition to impeachment include Reps. Peter King of New York, Christopher Shays of Connecticut and Jack Quinn of New York.

But Rep. Lindsey Graham, R-S.C., one of a handful of potential swing votes on the Judiciary Committee, said Friday that a strong case could be made for the panel to draft articles of impeachment against Clinton unless the White House delivers additional exculpatory information.

"If the facts don't change, it is the most overwhelming case for grand jury perjury I've ever seen in my life," Graham said, asserting that 115 people are in prison today for lying in federal court.

Graham, who is a barometer for how other moderate committee Republicans may vote, urged Clinton and his attorneys to finish answering 81 "admit or deny" questions submitted to them by the committee on Nov. 5. He invited them to refute any of the facts put before the committee by Starr, and to back their arguments up with accounts of their own.

"If you've got some facts you want to put into play, do so now," he said. "I am one member dying to hear that."

Graham added that he would be sending a letter to the president's personal attorney, David Kendall, reiterating the request. He also expressed disappointment that the president's attorneys have chosen to attack Starr's ethics rather than refute his allegations.

The congressman has said repeatedly that if the charges against Clinton do not amount to more than a tawdry sexual affair or a "Peyton Place" scenario, then he would not support impeachment.

He explained Friday, though, that since this matter escalated beyond a soap opera into possible perjury before a grand jury -- albeit perjury designed to conceal a sexual relationship -- he could not ignore the charges.

Graham, a shrewd politician, acknowledged the backlash Republicans may encounter, but noted his duty in this matter supercedes politics. "I've got a duty far greater than just getting to the next election," he said.

Meanwhile, as expected, the House Judiciary panel voted -- on party lines in three cases -- to subpoena four additional witnesses, expanding their probe presumably to help establish a pattern of misconduct by the president.

Two witnesses with ties to former White House volunteer Kathleen Willey are scheduled to give sworn depositions to the committee early next week. Willey has accused the president of making a crude sexual advance toward her in the Oval Office on Nov. 29, 1993. Clinton adamantly denies this charge.

Daniel Gecker, who was once Kathleen Willey's attorney, and Democratic Party fund-raiser Nathan Landow will appear before the panel on Monday and Tuesday, respectively. Landow is one who Starr believed may have intervened on Clinton's behalf to silence Willey's testimony.

Deputy White House Counsel Bruce Lindsey and Robert Bennett, Clinton's private attorney during the Paula Corbin Jones sexual harassment lawsuit, are to appear the week after Thanksgiving. Of the four witnesses, Democrats only agreed to subpoena Lindsey, but did not try to block subpoenas for the others.

Chairman Hyde is keeping Dec. 7 open as a date for the committee to conduct another public hearing with a witness or witnesses, probably to explore the meaning of taking an oath of office. He declined to say who else the committee may subpoena.

In addition, Hyde has said that the committee will "accommodate" either the president or his attorneys any time they want to make a formal presentation to the committee -- with no time limits on the presentation of their case.

--Web posted: Nov. 20, 1998


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