Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 19, 1994 TAG: 9405190164
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
Whatever the conclusion, legal scholars and ethics experts said Wednesday that the White House has ventured in uncharted and murky water by getting government lawyers so involved in the president's defense.
``Clinton is going to benefit from the work of the Justice Department and thereby save some of the costs,'' said Stephen Gillers, professor of legal ethics at New York University Law School.
``Nevertheless, I think it is entirely appropriate to ask the department to do that work,'' he said. ``It concerns the immunity of a sitting president, whoever he happens to be.''
Other legal minds agreed that the Justice Department needs to answer the question for the sake of future presidents, even it helps the current president settle a private matter.
``I think it's a legitimate expense of government,'' said Yale Law School professor Geoffrey Hazard.
However, involving Justice Department lawyers in Clinton's personal legal defense could cause him political problems, others said.
Bill Kristol, head of the Project for a Republican Future and the former chief of staff for Vice President Dan Quayle, said the Justice review is legally appropriate and necessary. ``Politically, I would say, though, that it will be hard for liberals who have said for years, over and over, that the president is not above the law to now maintain a position that the president is above the law,'' he said.
White House counsel Lloyd Cutler has asked the Justice Department to study whether a sitting president can be sued over activities alleged to have taken place before he took office.
Paula Jones, a former Arkansas state employee, alleges that Clinton made a sexual advance when he was governor of Arkansas. Clinton's private attorney, Robert Bennett, has indicated he will try to block the lawsuit by arguing that a president should not be distracted while in office by private legal action.
The issue is not whether Jones can sue; it is when can she sue. Must she wait until Clinton leaves office?
Administration officials said the request to the Justice Department was not a conflict of interest, even though Justice may be - in effect - doing legal legwork for Clinton's private attorney.
``This is done in connection with the institutional role of the president and the needs and the history of the office,'' department spokesman Carl Stern said. ``The White House did not ask the Justice Department to do personal lawyering for Bill Clinton.''
White House Press Secretary Dee Dee Myers said the information would be made available to Bennett and the public. ``Why would they keep it secret?'' she said.
However, she later backed off the statement, telling reporters, ``It's premature to say. The request has gone to the Justice Department, and they're looking into the issue.''
Myers said the review is appropriate because Clinton is being sued as president, even though the allegation is older than his presidency.
``He is the president of the United States. Everything that happens to him affects his capacity as president of United States, regardless,'' she said.
The Supreme Court ruled in 1982 that presidents cannot be sued in office or after leaving office for official acts as president.
Jones' suit apparently marks the first time a sitting president has been sued over something that took place before his presidency. In an increasingly litigious society, experts expect it won't be the last time - and in-office lawsuits could become a political weapon.
``If this becomes precedent, then there are all kinds of ways to derail a presidency,'' said Sam Dash, chief counsel for the Watergate Committee. ``The people voted him into office and want him to be running the country ... not handling lawsuits.''
Dash said courts could extend the statute of limitations for plaintiffs seeking redress against a president, allowing the suit to be handled when the president leaves office.
He said the Justice Department should join Clinton in the lawsuit if department lawyers determine the president is immune.
``Even though that benefits the president and his private attorney, that's incidental to the benefits to the people of the United States who want to keep the president busy at his desk,'' Dash said.
by CNB