ROANOKE TIMES

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

DATE: WEDNESDAY, August 10, 1994                   TAG: 9408100075
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A1   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                 LENGTH: Medium


COUNSEL SOUGHT FOR ESPY

Attorney General Janet Reno on Tuesday asked that an independent counsel be appointed to investigate whether Agriculture Secretary Mike Espy illegally accepted gifts from people doing business with his department.

For nearly four months, the Justice Department has been investigating allegations that Espy took gifts from Tyson Foods Inc., an Arkansas-based poultry producer with ties to President Clinton.

Under the newly re-enacted independent counsel law, Reno asked a special three-judge panel to find someone to take over and complete the investigation.

When the Justice Department began its probe, the independent counsel law, which requires outside investigations of top executive-branch officials, had lapsed.

The court did not immediately announce a choice as independent counsel. Its selection process in the past has taken weeks.

``No evidence has been developed during the investigation suggesting that Secretary Espy accepted the gifts as a reward for, or in expectation of, his performance of official acts,'' Reno said of her department's investigation.

But she said the independent counsel act does not allow her to reject seeking an independent counsel on the basis of lack of evidence ``unless there is clear and convincing evidence that the person lacked [the required criminal] state of mind.''

Espy has said he expects to be cleared by any investigation because he reimbursed Tyson for all costs.

``We are confident that after a full, fair and expeditious review of the facts, Secretary Espy will be completely exonerated,'' Evan T. Barr, one of Espy's attorneys, said in a statement. ``Secretary Espy has never misused his office in any way. There has been no misconduct in this case at all.''

The White House had no immediate reaction to Reno's announcement. On Monday, White House press secretary Dee Dee Myers said, ``The president continues to stand behind him.''



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