Article Abstract:
Underlying statutory and regulatory sources support, rather than, as many legal commentators argue, barring a presidential subpoena. The most popular argument is based on the independent counsel's statutory obligations to follow Department of Justice policies, one of which forbids a subpoena to an investigation's target. Accordingly, Independent Counsel Kenneth Starr can invite Clinton, but not compel him to testify. Department of Justice guidelines do not, however, compel Starr to follow this policy when this would be inconsistent with the purposes of the Independent Counsel Act.
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Article Abstract:
Pres Bill Clinton and his wife Hillary have made quite a cottage industry of asserting executive privilege in refusing access to White House personnel and documents and in resisting subpoenas and congressional and judicial investigations. The Clinton administration has used the executive and attorney-client privileges in investigations from Whitewater, Travelgate, the Jones case to the Monica Lewinsky scandal. The Clintons are also much more willing than were past administrations to seek judicial review of these issues.
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Article Abstract:
The call for jury nullification is the basis of a White House strategy to hear the Lewinsky allegations against Pres Bill Clinton in the political forum of Congress rather than a legal forum. Rather than risk a subpoena to compel Clinton to testify before a grand jury, the White House believes it has the congressional votes to bar impeachment and would rather use this forum. The obvious objective of this strategy is to avoid the possibility of Clinton testifying before a grand jury.
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