ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Tuesday, January 14, 1997 TAG: 9701140050
SECTION: NATIONAL/INTERNATIONAL PAGE: A1 EDITION: METRO
DATELINE: WASHINGTON
SOURCE: ASSOCIATED PRESS
The Supreme Court aggressively questioned both sides Monday in a battle over the sexual-harassment lawsuit against President Clinton, expressing skepticism about judges managing a president's time yet leery of having him appear above the law.
As the politically charged case was argued just one week before Clinton's second-term inauguration, the justices gave little indication whether they will let Paula Jones' lawsuit go forward while he is in office.
A decision, which also could affect future presidents, is expected by July.
The hour-long argument did not address the merits of Jones' allegation that Clinton propositioned her in a Little Rock hotel room in 1991 when he was governor of Arkansas. Clinton has denied her allegation and has said he cannot recall ever meeting the former Arkansas state employee.
Instead, lawyers debated whether any part of the case can proceed during the next four years. The court has never before been asked to decide if a sitting president can be sued over acts unrelated to his job, whether they took place before or during his term.
The justices sounded skeptical about arguments from both sides.
Justice Anthony Kennedy said allowing judges to decide whether a president is too busy to be entangled in litigation may be too intrusive, and ``argues strongly for the absolute privilege that [Clinton's lawyers] are suggesting.''
Justice Antonin Scalia, although saying he also was concerned about giving trial judges too much authority over a president, voiced doubts about fashioning a blanket rule.
``We see presidents riding on horseback, chopping firewood, playing golf and so forth. The notion that he doesn't have a minute to spare is not credible,'' Scalia said.
Justice Sandra Day O'Connor, meanwhile, worried aloud about delaying litigation for some future president sued for child custody or because land he owns ``is boiling up with poisons.''
Robert Bennett, Clinton's lawyer, told the justices that if presidents can be sued while in office, ``any county or state judge could virtually destroy the power of the presidency,'' violating the separation-of-powers principle.
``We'll give Ms. Jones her day in court, but let's not do it now.''
When Justice Ruth Bader Ginsburg asked whether any of the 50 states offers a governor temporary immunity, Bennett said, ``We have found none.''
Acting Solicitor General Walter Dellinger, the Justice Department's ranking courtroom lawyer, agreed with Bennett and urged the court not to ``enmesh federal and state courts in a politically charged task'' of managing the president's time.
Lawyer Gil Davis, representing Jones, said Clinton's argument ``confuses the office of the presidency with the person who holds that office.''
Referring to Clinton as a ``citizen who holds the office of president of the United States,'' Davis said he ``has the same rights and responsibilities as all other citizens.''
A president should be given a postponement only if there is ``an actual, imminent interference with his job,'' Davis said.
But the argument bogged down when he was asked by several justices how trial judges are to determine whether such a threat exists.
``I am just totally confused now,'' O'Connor told Davis after one of his responses. And Chief Justice William Rehnquist told him, ``You are not answering some of the questions quite as frankly as we hoped you would.''
The Supreme Court ruled in 1982 that presidents cannot be sued for damages involving their official duties, even after they leave office. The prospect of such lawsuits could harm a president's decision-making, the court said.
But when Bennett invoked the 1982 ruling, Rehnquist told him, ``I don't see how that element is present here.''
The Chicago Tribune and The Washington Post contributed to this story.
LENGTH: Medium: 77 lines ILLUSTRATION: PHOTO: AP A group sporting Clinton masks and boxer shortsby CNBflashes signs saying "Recognize our friend of court briefs." color