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President Clinton Found in Criminal Violation of Privacy Act
White House Response: We're Above The Law

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By MARVIN LEE
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The White House claim of attorney-client privilege -- used to protect the
President from numerous criminal investigations -- seriously backfired in
court last week.

For there is a crime-fraud exception to the attorney-client privilege.
Communications between an attorney (the White House Counsel's Office) and his
client (The President) cannot be protected under the privilege if they have
been in furtherance of a crime.

The crime, said Judicial Watch in its Filegate lawsuit against the White
House and the FBI, was the release of Kathleen Willey's letter by the
President to discredit her after she appeared on "60 minutes." Judge Royce
Lamberth agreed:


"Thus, the plaintiffs have established that the President had the requisite
intent for committing a criminal violation of the Privacy Act."
And so Judge Lamberth ordered the White House to release within 20 days the
information it has until now claimed privileged:


1. Any and all knowledge these [White House] officials have, including any
meetings held or other communications made, about the obtaining of the FBI
files of former White House Travel Office employees Billy Ray Dale, John
Dreylinger, Barney Brasseux, Ralph Maughan, Robert Van Eimerren, and John
McSweeney.
2. Any and all knowledge these officials have, including any meetings held or
other communications made, about the release or use of any documents between
Kathleen Willey and President Clinton or his aides, or documents relating to
telephone calls or visits between Willey and the President or his aides.

3. All meetings held or other communications made, including all
communications made to the media, related to the use or obtaining of FBI
background investigation files, summary reports, or raw data on persons
included on the FBI files list.

4. Any and all communications these officials have had relating to release or
use of information from Linda Tripp's Department of Defense files.

5. Any and all communications and/or meetings these officials have had with
Cody Shearer.

The White House response was to say that it was above the law. It claimed
that "the White House Office is not subject to the Privacy Act," and
announced its intention to appeal Judge Lamberth's decision.




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