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Wednesday August 30, 2000; 7:59 AM EDT

Clinton Disbarment Defense Overlooks Battalino

President Clinton's lawyers argued Tuesday that disbaring him for
lying under oath about sex would be "excessively harsh,
impermissively punative and unprecedented in the circumstances of
this case."

Tell it to Dr. Barbara Battalino, a federal employee who was not
only prosecuted by the Clinton Justice department for lying about
sex, but lost both her medical and law licenses.

 It was a case with stunning parallels to the president's, where
Battalino, a Veteran's Administration psychiatrist, had oral sex
with a patient who later sued. She denied the sex act, but her
own words, taped without her knowledge, revealed otherwise.

 Here's how Battalino explained her predicament in a December 1,
1998 statement to the House Judiciary Committee:

 "The falsehood centered around my reticence to acknowledge the
one act of consensual oral sex which occurred between myself and
an unmarried male adult on Veterans Affairs premises. A civil
suit was filed, complicated by the male party having secretly
recorded phone conversations he and I had during the months an
intimate relationship between us developed. These very tapes were
instrumental in having the civil suit dismissed in September of
1998, with no monetary award or settlement being made by myself
or the Veterans Affairs Administration.

 "So how is it I am a convicted felon? In early 1998 my attorney
received word that the U.S. Department of Justice planned to
indict me for perjury based upon an untruthful response I gave to
a question regarding whether anything of a sexual nature had
occurred between myself and that individual on June 27, 1991. "

 Battalino's case has been largely forgotten since the president
was acquitted on impeachment charges by the Senate. But her
situation has a direct bearing on White House claims that
disbarment would be unfair to Clinton.

Again, in her own words:

"I am neither a historian nor a Constitutional scholar. I am an
American who worked hard to complete both a medical and law
degree, and have practiced in public and government service for
over 20 years until I became a convicted felon in April of 1998.
I am presently fulfilling the consequences imposed on me as a
result of this conviction."

Battalino explained those consequences to NBC News before she
testified to the House:

 "It has been very devastating for my life and my family's life.
I don't have the ability anymore to practice medicine, I have a
law degree that I cannot use, I've suffered humiliation and
people have been bringing up my name that people who don't even
know me and who have distorted the actual facts of the case, and
so it has been very disturbing for myself and my family."

 For Battalino, lying about sex cost her both her job and her
future. Contrary to what Clinton's lawyers have argued, she
doesn't think his punishment has been at all "excessive."

 "I hope that justice will be for all and that Mr.Clinton will
somehow or another have to have a similar degree of punishment
that I have had," she told NBC.



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