This article has been one of my most popular ones. Read my more recent
articles at
Richard's Reflections.
Impeach Kenneth Starr
Dissolve the Starr
Chamber
March 2, 1998
-
Star Chamber
-
A 17th Century body which operated in secret, forced confessions, and imposed
predetermined judgments for political purposes.
-
Starr
Chamber
-
A 20th Century body which operates in secret, forces confessions, and imposes
predetermined judgments for political purposes.
When the Monica Lewinsky story broke, many conservatives immediately started
saying that Clinton should be impeached. Forget about innocent until
proven guilty. If the charges are ever substantiated, it may very
well be appropriate to impeach him. On the other hand, if these charges
are not substantiated, it is Kenneth Starr who should be impeached!
Articles of Impeachment
Suborning perjury
Susan McDougal spends
a year in jail because she won't say what Kenneth Starr wants her to say.
Monica Lewinsky offers to tell all if given immunity, but Kenneth Starr
"negotiates" for months to make sure that the truth she will tell is the
one he wants to hear. Either give them immunity and let the jury
decide whether they are telling the truth or recognize that they can't
be forced to testify. Using blackmail to make them tell a particular
story is against the law.
Obstruction of Justice
Through Starr's tenure, leaks have been the rule, not the exception.
These leaks are illegal, and they result in a serious obstruction of justice.
Starr's office has not acted to stop these leaks.
In 28 USC 592(e), the Independent Counsel law states
Except as otherwise provided in this chapter or as is deemed necessary
for law enforcement purposes, no officer or employee of the Department
of Justice or an office of independent counsel may, without leave of the
division of the court, disclose to any individual outside the Department
of Justice or such office any notification, application, or any other document,
materials, or memorandum supplied to the division of the court under this
chapter.
In addition, it is illegal to disclose evidence in matters before a grand
jury. If Starr's office is responsible for these leaks, it is breaking
the law. If someone else is responsible, they are obstructing justice;
and Starr' office is responsible for investigating and prosecuting those
acts. Starr's only apparent attempt to act on these crimes has been
to try to pin them on the White House. Since the White House is not privy
to all that goes on in the Grand Jury, it cannot be responsible for the
bulk of the leaks.
Starr himself has clearly violated
these laws on a number of occasions. An example would be his public
statement that Susan McDougal was seeking a "license to lie" when she refused
to tell Starr's version of events to the Grand Jury.
There is a good reason that the law requires this confidentiality.
This was explained very well by Ronald Noble in an
L.A.Times commentary on 1/27/98.
Not only can the leaks interfere with the ability of the Independent Counsel
and the Grand Jury to conduct their investigations, they can interfere
with the ability of those accused to ever defend themselves.
In the Monica Lewinsky case, for example, the only way anybody could ever prove
that Vernon Jordan asked Lewinsky to lie would have been to wire Lewinsky
and have her talk to Jordan about her testimony.
Now that the case is public, we can never do that.
Starr will never be able to prove guilt, and Clinton and Jordan will
never be able to clear their names.
All we have is the innuendo created by the leak.
Conflict of Interest
Kenneth Starr has continued his investigations despite a long-standing
conflict of interest,
and one Republican U.S. District
Judge has called for an investigation. Even while investigating
the dealings between the Resolution Trust Corporation (RTC) and the Whitewater
partners, Starr's law firm, Kirkland & Ellis, was being sued by the
RTC. Starr has remained an active partner in the law firm while conducting
the Whitewater investigation, and he earns a million dollars a year from
the firm. Starr also represents the conservative Lynde and Harry
Bradley Foundation which has provided millions of dollars to organizations
spewing anti-Clinton propaganda on Whitewater, and he represents tobacco
companies while they carry on their fight against the President's proposals.
The deanship which is being held for Starr at Pepperdine is funded
by Richard Mellon Scaife, a Clinton critic who has pushed the theories
questioning Vincent Foster's suicide.
Final thoughts
Independent of what Clinton and Jordan may or may not have done, what
Starr is doing is wrong.
Keeping McDougal in jail on contempt because her story is not the one
Starr wants to hear is wrong.
Quotes that Starr has made on the record constitute
obstruction of justice, and that is wrong.
What Starr did with dealing financially with the RTC while the RTC was
under investigation by him was wrong.
This letter appeared in the L.A.Times
on 1/27/98. I wish I could say I thought of saying this:
Let's fire Starr and turn the investigation over to the National Enquirer.
In addition to saving taxpayer money, the Enquirer will bring some much
needed dignity and integrity to this incredibly insane investigation.
David Marko
Los Angeles
Richard M. Mathews
More of Richard's Reflections