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20
Berger at 14.
Berger at 14.
21
Federalist No. 70, at 427 (Alexander Hamilton).
See also
Rodino Report at 9 (The president is “personally responsible for any abuse of the great trust reposed in him.” [quoting framer and Supreme Court Justice James Iredell]).
Federalist No. 70, at 427 (Alexander Hamilton).
See also
Rodino Report at 9 (The president is “personally responsible for any abuse of the great trust reposed in him.” [quoting framer and Supreme Court Justice James Iredell]).
22
116 Cong. Rec. H 3113-3114 (Statement of Representative Gerald Ford) (daily ed. April 15, 1970).
116 Cong. Rec. H 3113-3114 (Statement of Representative Gerald Ford) (daily ed. April 15, 1970).
23
Rodino Report at 16 (quoting 1 J. Story,
Commentaries on the Constitution of the United States
sec. 764 at 559 (5th ed. 1905).
Rodino Report at 16 (quoting 1 J. Story,
Commentaries on the Constitution of the United States
sec. 764 at 559 (5th ed. 1905).
24
Berger at 44-45.
Berger at 44-45.
25
Berger at 43.
Berger at 43.
26
Report of the National Commission on Judicial Discipline and Removal, at 30 (August 1993).
Report of the National Commission on Judicial Discipline and Removal, at 30 (August 1993).
27
Berger at 3.
Berger at 3.
28
Berger at 71-72.
Berger at 71-72.
29
Berger at 71.
Berger at 71.
30
Berger at 74.
Berger at 74.
31
Rodino Report at 14 (quoting Edmund Randolph).
Rodino Report at 14 (quoting Edmund Randolph).
32
Federalist No. 65, (Alexander Hamilton).
Federalist No. 65, (Alexander Hamilton).
33
Report of the National Commission on Judicial Discipline and Removal at 27 (August 1993) (quoting 2
The Records of the Constitutional Convention
65 [M. Farrand ed. 1911]).
Report of the National Commission on Judicial Discipline and Removal at 27 (August 1993) (quoting 2
The Records of the Constitutional Convention
65 [M. Farrand ed. 1911]).
34
Rodino Report at 13 (quoting Charles Cotesworth Pinckney of South Carolina and Edmund Randolph of Virginia, respectively).
Rodino Report at 13 (quoting Charles Cotesworth Pinckney of South Carolina and Edmund Randolph of Virginia, respectively).
35
Rodino Report at 10.
Rodino Report at 10.
36
See, e.g.
, Charles McCarry, “Bill Clinton’s John Dean?”
New York Times
, July 12, 1998. McCarry suggests that President Nixon, despite being extensively investigated by grand juries and congressional committees, “may not have needed a pardon.”
See, e.g.
, Charles McCarry, “Bill Clinton’s John Dean?”
New York Times
, July 12, 1998. McCarry suggests that President Nixon, despite being extensively investigated by grand juries and congressional committees, “may not have needed a pardon.”
37
Anthony Lewis, “Abroad at Home: Again, the Imperium,”
New York Times
, November 17, 1986 (“The example of such unlimited executive power that must have most impressed the forefathers was the prerogative exercised by George III, and the description of its evils in the Declaration of Independence leads me to doubt that they were creating their new Executive in his image.”) (quoting opinion of Justice Robert H. Jackson in the Steel Seizure case).
Anthony Lewis, “Abroad at Home: Again, the Imperium,”
New York Times
, November 17, 1986 (“The example of such unlimited executive power that must have most impressed the forefathers was the prerogative exercised by George III, and the description of its evils in the Declaration of Independence leads me to doubt that they were creating their new Executive in his image.”) (quoting opinion of Justice Robert H. Jackson in the Steel Seizure case).
38
Rodino Report at 15.
Rodino Report at 15.
39
Peter Goldman, “Was Justice Finally Done?”
Newsweek
, January 13, 1975.
Peter Goldman, “Was Justice Finally Done?”
Newsweek
, January 13, 1975.
40
See
Information Bank Abstracts, Anthony Lewis,
New York Times
, January 21, 1974:
See
Information Bank Abstracts, Anthony Lewis,
New York Times
, January 21, 1974:
ABSTRACT:
A Lewis holds lawsuit against Pres Nixon has not inhibited Nixon from exercising Pres powers despite Nixon’s protestations that it would do so when he recd grand jury subpoena for Watergate tapes and documents last summer.
Holds Nixon’s problem is loss of public belief in his word
. Notes Nixon’s latest assertion of his right to ignore subpoena from Sen Watergate com. Holds legal test of Sen subpoena is highly significant as
control of information has played crucial part in rise of imperial Presidency
(emphasis added).
Holds Nixon’s problem is loss of public belief in his word
. Notes Nixon’s latest assertion of his right to ignore subpoena from Sen Watergate com. Holds legal test of Sen subpoena is highly significant as
control of information has played crucial part in rise of imperial Presidency
(emphasis added).
41
Peter Goldman, “Was Justice Finally Done?”
Newsweek
, January 13, 1975.
Peter Goldman, “Was Justice Finally Done?”
Newsweek
, January 13, 1975.
42
Bob Woodward and Carl Bernstein, “The Final Days: Part Two,”
Newsweek
, April 12, 1976.
Bob Woodward and Carl Bernstein, “The Final Days: Part Two,”
Newsweek
, April 12, 1976.
43
Martha Sherrill, “Interview: Grave Doubts. Senator Bob Kerrey,”
Esquire
, January 1996.
Martha Sherrill, “Interview: Grave Doubts. Senator Bob Kerrey,”
Esquire
, January 1996.
44
“Excerpts From Clinton’s News Conference on Investigations and Middle East,”
New York Times
, May 1, 1998.
“Excerpts From Clinton’s News Conference on Investigations and Middle East,”
New York Times
, May 1, 1998.
45
Despite the talk of “absolute Despotism,” taxes were actually relatively moderate under King George III. Fair and just, in fact, compared to Clinton’s 1993 “tax stimulus bill” that swept in a Republican Congress for the first time in forty years.
Despite the talk of “absolute Despotism,” taxes were actually relatively moderate under King George III. Fair and just, in fact, compared to Clinton’s 1993 “tax stimulus bill” that swept in a Republican Congress for the first time in forty years.
46
Chuck Raasch, “Bennett Asks: Where’s Religious Right in Clinton Fight?”
Gannett News Service
, February 27, 1998:
Chuck Raasch, “Bennett Asks: Where’s Religious Right in Clinton Fight?”
Gannett News Service
, February 27, 1998:
Though the Christian Coalition has preached family values for almost a decade, the organization has not officially come to conclusions about the Clinton-Lewinsky controversy, spokesman Arne Owens said….
“They truly believe you are innocent until proven guilty. They want to see the facts… Everyone we talk to, certainly within our grass roots, is very, very concerned about this.” [ Former Christian Coalition Spokesman Ralph] Reed maintained that when he headed the coalition, he turned down an invitation from conservative supporters of Paula Corbin Jones to appear at her first press conference—before she filed suit alleging Clinton sexually harassed her.
47
Federalist No. 65, at 396 (Alexander Hamilton).
Federalist No. 65, at 396 (Alexander Hamilton).
48
Federalist No. 51, at 322 (James Madison).
Federalist No. 51, at 322 (James Madison).
49
Rodino Report at 13.
Rodino Report at 13.
50
Peter Goldman, “Was Justice Finally Done?”
Newsweek
, January 13, 1975.
CHAPTER 2Peter Goldman, “Was Justice Finally Done?”
Newsweek
, January 13, 1975.
1
Agence France Presse
, January 24, 1998.
Agence France Presse
, January 24, 1998.
2
Eric Pooley, with reporting by Michael Duffy and Charlotte Faltermayer, “Monica’s World,”
Time
, March 2, 1998.
Eric Pooley, with reporting by Michael Duffy and Charlotte Faltermayer, “Monica’s World,”
Time
, March 2, 1998.
3
ABC’s
Good Morning America
, January 21, 1998.
ABC’s
Good Morning America
, January 21, 1998.
4
NBC’s
Today
, January 22, 1998.
NBC’s
Today
, January 22, 1998.
5
Editorial, “The Allegations,”
Washington Post
, January 22, 1998.
Editorial, “The Allegations,”
Washington Post
, January 22, 1998.
6
Susan Schmidt, Peter Baker, and Toni Locy, “Starr Investigates Whether Clinton Told Intern to Deny Affair,”
Washington Post
, January 21, 1998.
Susan Schmidt, Peter Baker, and Toni Locy, “Starr Investigates Whether Clinton Told Intern to Deny Affair,”
Washington Post
, January 21, 1998.
7
In
Black
v.
Zaring Homes
, Clinton’s EEOC issued a “right to sue” letter and filed repeated amicus briefs in support of a woman whose claim of discrimination consisted of five in-between-color remarks made by male colleagues. These included such whoppers as a coworker saying, “Nothing I like more in the morning than sticky buns,” while reaching for a pastry and—as the complainant put it—“wriggl[ing]” his eyebrows. Once, she also overheard her supervisor refer to a woman as a “broad.” The jury awarded the plaintiff $250,000 for such indignities. Clinton’s EEOC fought to vindicate the plaintiff’s rights in
Zaring Homes
until January 1997, when the Sixth Circuit Court of Appeals, mercifully, reversed the jury’s verdict.
In
Black
v.
Zaring Homes
, Clinton’s EEOC issued a “right to sue” letter and filed repeated amicus briefs in support of a woman whose claim of discrimination consisted of five in-between-color remarks made by male colleagues. These included such whoppers as a coworker saying, “Nothing I like more in the morning than sticky buns,” while reaching for a pastry and—as the complainant put it—“wriggl[ing]” his eyebrows. Once, she also overheard her supervisor refer to a woman as a “broad.” The jury awarded the plaintiff $250,000 for such indignities. Clinton’s EEOC fought to vindicate the plaintiff’s rights in
Zaring Homes
until January 1997, when the Sixth Circuit Court of Appeals, mercifully, reversed the jury’s verdict.
8
President Clinton’s press conference, Friday, February 6, 1998.
President Clinton’s press conference, Friday, February 6, 1998.
9
Complaint,
Jones
v.
Clinton
, No. 94-290, at para. 6-11 (May 6, 1994).
Complaint,
Jones
v.
Clinton
, No. 94-290, at para. 6-11 (May 6, 1994).
10
Complaint,
Jones
v.
Clinton
, No. 94-290, at para. 20-21 (May 6, 1994).
Complaint,
Jones
v.
Clinton
, No. 94-290, at para. 20-21 (May 6, 1994).
11
42 U.S.C. sec. 1983. This statute codifies constitutional rights, including the Fourteenth Amendment right to be free from discrimination by the government on the basis of sex.
42 U.S.C. sec. 1983. This statute codifies constitutional rights, including the Fourteenth Amendment right to be free from discrimination by the government on the basis of sex.
12
United States Postal Service Board of Governors
v.
Aikens
, 460 U.S. 711, 716 (1983).
United States Postal Service Board of Governors
v.
Aikens
, 460 U.S. 711, 716 (1983).
13
Dick Morris said of Clinton’s presidential immunity claim in the
Jones
case: It “was basically a trumped-up argument that [Clinton lawyer Bob] Bennett threw together at the last minute to get this thing put off until after the election. And of course by 9-0, it had no legal merit. I never thought it had any legal merit. But the point was, we weren’t going to let this thing be adjudicated in August, October, November, near the election.” Quoted in Ross Mackenzie, “Between The Grand Inquisitor & The Church Lady, Assessing The Clintons,”
Richmond Times Dispatch
, June 22, 1997.
Dick Morris said of Clinton’s presidential immunity claim in the
Jones
case: It “was basically a trumped-up argument that [Clinton lawyer Bob] Bennett threw together at the last minute to get this thing put off until after the election. And of course by 9-0, it had no legal merit. I never thought it had any legal merit. But the point was, we weren’t going to let this thing be adjudicated in August, October, November, near the election.” Quoted in Ross Mackenzie, “Between The Grand Inquisitor & The Church Lady, Assessing The Clintons,”
Richmond Times Dispatch
, June 22, 1997.
14
See, e.g.
,
Quick
v.
Donaldson Co.
, 90 F.3d 1372, 1379 (8th Cir. 1983);
Heyne
v.
Caruso
, 69 F.3d 1475 (9th Cir. 1995) (holding that exclusion of evidence of different type of sexual harassment than that alleged by plaintiff constitutes reversible error).
See, e.g.
,
Quick
v.
Donaldson Co.
, 90 F.3d 1372, 1379 (8th Cir. 1983);
Heyne
v.
Caruso
, 69 F.3d 1475 (9th Cir. 1995) (holding that exclusion of evidence of different type of sexual harassment than that alleged by plaintiff constitutes reversible error).
15
Clinton
v.
Jones
, Oral Argument before Supreme Court (January 12, 1997).
Clinton
v.
Jones
, Oral Argument before Supreme Court (January 12, 1997).
16
An anonymous caller to the Rutherford Institute was described as a “nervous young woman” by the man who took her calls. Tim Weiner and Neil A. Lewis, “Testing of a President: The Unraveling,”
New York Times
, February 9, 1998.
An anonymous caller to the Rutherford Institute was described as a “nervous young woman” by the man who took her calls. Tim Weiner and Neil A. Lewis, “Testing of a President: The Unraveling,”
New York Times
, February 9, 1998.
17
Michael Isikoff and Evan Thomas, “The Secret War,”
Newsweek
, February 9, 1998.
Michael Isikoff and Evan Thomas, “The Secret War,”
Newsweek
, February 9, 1998.
18
As we will see, Hubbell had worked on a fraudulent land deal at the prestigious Rose Law Firm—as had Hillary Clinton. The prosecution’s theory was that the White House arranged for Hubbell to be paid hush money to keep him from testifying against Mrs. Clinton. In the months following his indictment, Hubbell managed to pull down more than $500,000 in “consulting fees” with “little work, if any” expected in return. Jordan had been of great “help” to Hubbell.
See, e.g.
, Susan Schmidt, “Hubbell Meetings with Riady Draw Probers’ Scrutiny,”
Washington Post
, March 23, 1997.
As we will see, Hubbell had worked on a fraudulent land deal at the prestigious Rose Law Firm—as had Hillary Clinton. The prosecution’s theory was that the White House arranged for Hubbell to be paid hush money to keep him from testifying against Mrs. Clinton. In the months following his indictment, Hubbell managed to pull down more than $500,000 in “consulting fees” with “little work, if any” expected in return. Jordan had been of great “help” to Hubbell.
See, e.g.
, Susan Schmidt, “Hubbell Meetings with Riady Draw Probers’ Scrutiny,”
Washington Post
, March 23, 1997.
19
Susan Schmidt, Peter Baker, and Toni Locy, “Starr Investigates Whether Clinton Told Intern to Deny Affair,”
Washington Post
, January 21, 1998.
Susan Schmidt, Peter Baker, and Toni Locy, “Starr Investigates Whether Clinton Told Intern to Deny Affair,”
Washington Post
, January 21, 1998.
20
“The invocation of executive and other privileges in this context also presents a question of overriding concern to the full and impartial administration of justice: the circumstances under which the Executive Branch may withhold information from a federal grand jury investigating allegations of misconduct against the president, other Executive Branch officials, and various private individuals.”
“The invocation of executive and other privileges in this context also presents a question of overriding concern to the full and impartial administration of justice: the circumstances under which the Executive Branch may withhold information from a federal grand jury investigating allegations of misconduct against the president, other Executive Branch officials, and various private individuals.”
Petition For a Writ of Certiorari Before Judgment,
United States
v.
Clinton
, May 28, 1998.
United States
v.
Clinton
, May 28, 1998.
1
This is not as extraordinary as it may sound. Three sitting presidents have been sued for acts they committed before taking office. These suits, against Theodore Roosevelt, Harry Truman, and John F. Kennedy, were dismissed or settled out of court. At least six other sitting presidents have responded to written interrogatories, given depositions, and provided videotaped trial testimony “with sufficient frequency that such interactions between the Judicial and Executive Branches can scarcely be thought a novelty.”
Clinton
v.
Jones
, 117 S.Ct. 1636 (1997). President Clinton had already given videotaped testimony twice in criminal proceedings:
United States
v.
McDougal
, 934 F.Supp. 296 (E.D.Ark.1996);
United States
v.
Branscum
, No., LRP-CR-96-49 (E.D. Ark., June 7, 1996). President Carter also voluntarily gave videotaped testimony for use at a criminal trial. President Nixon, of course, produced tapes in response to a subpoena.
United States
v.
Nixon
, 418 U.S. 683 (1974). President Ford gave a deposition in a criminal trial,
United States
v.
Fromme
, 405 F.Supp. 578 (E.D.Cal.1975). Presidents Monroe and Grant answered an interrogatory and gave a deposition, respectively, in criminal cases.
See generally
Rotunda,
Presidents and Ex-Presidents as Witnesses: A Brief Historical Footnote
(1975) L.F. 1.
This is not as extraordinary as it may sound. Three sitting presidents have been sued for acts they committed before taking office. These suits, against Theodore Roosevelt, Harry Truman, and John F. Kennedy, were dismissed or settled out of court. At least six other sitting presidents have responded to written interrogatories, given depositions, and provided videotaped trial testimony “with sufficient frequency that such interactions between the Judicial and Executive Branches can scarcely be thought a novelty.”
Clinton
v.
Jones
, 117 S.Ct. 1636 (1997). President Clinton had already given videotaped testimony twice in criminal proceedings:
United States
v.
McDougal
, 934 F.Supp. 296 (E.D.Ark.1996);
United States
v.
Branscum
, No., LRP-CR-96-49 (E.D. Ark., June 7, 1996). President Carter also voluntarily gave videotaped testimony for use at a criminal trial. President Nixon, of course, produced tapes in response to a subpoena.
United States
v.
Nixon
, 418 U.S. 683 (1974). President Ford gave a deposition in a criminal trial,
United States
v.
Fromme
, 405 F.Supp. 578 (E.D.Cal.1975). Presidents Monroe and Grant answered an interrogatory and gave a deposition, respectively, in criminal cases.
See generally
Rotunda,
Presidents and Ex-Presidents as Witnesses: A Brief Historical Footnote
(1975) L.F. 1.
No sitting president has, however, “ever testified, or been ordered to testify, in open court.”
Clinton
v.
Jones
at n.14. So far.
Clinton
v.
Jones
at n.14. So far.
2
Pursuant to a subpoena, the tapes themselves had been turned over to Starr Friday morning, the day before.
Pursuant to a subpoena, the tapes themselves had been turned over to Starr Friday morning, the day before.
3
Judge Wright explained that she assumed Fisher could provide a good faith basis for asking the questions about Lewinsky, noting that he would be sanctioned later if it turned out that he could not. The judge also offered to review the good faith basis for the questions in private, at which point Bennett relented.
Judge Wright explained that she assumed Fisher could provide a good faith basis for asking the questions about Lewinsky, noting that he would be sanctioned later if it turned out that he could not. The judge also offered to review the good faith basis for the questions in private, at which point Bennett relented.
4
Deposition of William Jefferson Clinton,
Jones
v.
Clinton,
at 65-66 (January 17, 1998).(emphasis added).
Deposition of William Jefferson Clinton,
Jones
v.
Clinton,
at 65-66 (January 17, 1998).(emphasis added).
5
“Throughout last year’s [ 1997’s] controversy over Democratic campaign fund-raising, the White House strategically released entry logs, telephone records, notes and other internal documents that may not have provided a flattering portrait of its activities but at least preempted congressional critics from putting the information out first…. But information about White House visits and presidential phone calls that was made public last year is now being guarded with fierce protectiveness.”
“Throughout last year’s [ 1997’s] controversy over Democratic campaign fund-raising, the White House strategically released entry logs, telephone records, notes and other internal documents that may not have provided a flattering portrait of its activities but at least preempted congressional critics from putting the information out first…. But information about White House visits and presidential phone calls that was made public last year is now being guarded with fierce protectiveness.”
Peter Baker, “White House, Changing Tactics, Guards Records; During Fund-Raising Flap, Documents Were Strategically Released to Limit Bad Spin,”
Washington Post
, February 3, 1998.
Washington Post
, February 3, 1998.
6
See, e.g.
, Matthew Campbell, “Hillary in Retreat,”
Sunday Times
(London), March 8, 1998.
See, e.g.
, Matthew Campbell, “Hillary in Retreat,”
Sunday Times
(London), March 8, 1998.
7
Deposition of William Jefferson Clinton,
Jones
v.
Clinton,
at 73-76 (January 17, 1998).(emphasis added).
Deposition of William Jefferson Clinton,
Jones
v.
Clinton,
at 73-76 (January 17, 1998).(emphasis added).
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