
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, February 3, 1994                   TAG: 9402030075
SECTION: NATL/INTL                    PAGE: A3   EDITION: STATE 
SOURCE: Associated Press
DATELINE: WASHINGTON                                LENGTH: Medium

U.S. WON'T PROSECUTE IN FILE HUNT

The Justice Department will not prosecute anyone for a search of the personnel files of 160 Bush administration appointees at the State Department. The search already had cost two employees their jobs.

John Russell, spokesman for Justice's criminal division, said Wednesday that the State Department inspector general's office was notified of the decision Monday.

State's Inspector General Sherman Funk had referred the case in November to the Justice Department for possible prosecution.

Secretary of State Warren Christopher fired two low-ranking officials - both Democratic activists - in November for searching the files.

They are Mark Schulhof, a staff assistant in the State Department public affairs office; and Joseph Tarver, a former director of the department's White House liaison office who had been working at a diplomatic training facility.

On the basis of Funk's report, Christopher lost confidence in the pair, State Department spokesman Mike McCurry said.

The Justice Department decision drew sharp criticism from Fran Westner, a Republican appointee at the State Department during the Bush administration.

"Why would we expect anything different from the Clinton administration Justice Department?" he asked. "There's a different standard, a different set of rules. It's exactly what I expected. With these people, violations of the law don't seem to make a bit of difference."

Tarver and Schulhof worked on the Clinton-Gore campaign.

Sen. Mitch McConnell, R-Ky., who led the congressional campaign for an investigation of the incident, said Funk will brief him on the files today.

McConnell, in a letter to Christopher on Wednesday, said he wants assurances that none of the secretary's closest aides or any other presidential appointee "was aware of the intent to search or disclose the contents of these files" or participated in the search.

The final report of the inspector general, released Wednesday, said Tarver's primary purpose in retrieving the records was to assist him in understanding the duties of the White House liaison office at the State Department.

The 160 Bush appointees all were temporarily retained by the Clinton administration. Their files contained judgments about their work performance. Public disclosure of the contents is a violation of the Privacy Act.

Memo: shorter version ran in the Metro edition.

by CNB