U.S. Says Ex-Starr Aide Guilty of Contempt of Court
6.11 p.m. ET (2224 GMT) August 11, 2000
WASHINGTON (Reuters) � The U.S. Justice Department said on Friday
Kenneth Starr's former spokesman in the Monica Lewinsky probe
should be found guilty of criminal contempt of court for lying
about his role in news leaks during President Clinton's
impeachment trial.
The department asked the judge hearing the case against Charles
Bakaly, the former spokesman for independent counsel Starr, to
find that he lied in a sworn court declaration denying he leaked
secret information to the New York Times.
The Jan. 31, 1999, article cited unnamed "associates'' of Starr
as saying the independent counsel had decided Clinton could be
indicted while in office for perjury and obstruction of justice
for trying to hide his affair with the former White House intern
Lewinsky.
The story appeared as the Senate considered impeachment charges
that arose from Starr's investigation into the Lewinsky matter.
The Senate later acquitted Clinton of the perjury and obstruction
charges.
In proposed findings of facts and conclusions of law, the Justice
Department said the judge should find that the ''evidence
demonstrates a pattern of deception by Mr. Bakaly in all his
dealings concerning this article.''
It said Bakaly's motives to lie were "obvious,'' as he had
betrayed the trust that Starr had placed in him and contributed
to an article highly damaging to Starr's office.
"Mr. Bakaly had every incentive to minimize and conceal the
extent of his role as a source for the article, and that he did
so time and again, lying to his employer, his colleagues, his
attorneys, the FBI and finally, this court,'' the Justice
Department said in the 27-page filing.
EVIDENCE "SUPPORTS MR. BAKALY'S INNOCENCE''
But Bakaly's lawyers in their own filing replied that he should
be found not guilty. They said prosecutors failed to prove that
any of his statements in the sworn court declaration were false.
"Much of the government's evidence � particularly the testimony
of one of its key witnesses, Donald Bucklin � fully supports Mr.
Bakaly's innocence,'' his lawyers said.
The Justice Department said Bakaly knowledge of his guilt was
confirmed by his comments to FBI agents in February 1999 that he
believed he might be disbarred and prosecuted for his conduct.
"Mr. Bakaly's repeated efforts to point an accusing finger at
other people who might have been sources for the article only
compounds the wrongfulness of his conduct,'' the department said.
The proposed findings of fact and conclusions of law were
submitted to U.S. District Judge Norma Holloway Johnson, who
presided over a trial in the case last month. She is expected to
issue her ruling in the next few weeks.
If found guilty, Bakaly would become the only person to be
convicted on charges arising from Starr's investigation into the
Lewinsky sex-and-perjury investigation, which began in January
1998.
Bakaly resigned as Starr's spokesman in March 1999. Starr
resigned as independent counsel last year and has been replaced
by Robert Ray.
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