From:

http://www.nytimes.com/library/politics/082900ray-clinton.html

August 29, 2000

Counsel Report on Whitewater Expected Soon

By NEIL A. LEWIS


ASHINGTON, Aug. 28 -- Robert W. Ray, the independent counsel,
said he expected to issue a statement of his findings and
conclusions about the Whitewater investigation a few weeks before
New York voters go to the polls to choose between Hillary Rodham
Clinton and Representative Rick A. Lazio, her Republican opponent
for the United States Senate.

Mr. Ray, whose office has investigated President and Mrs. Clinton
on a range of issues for more than four years, also said in an
interview that he would announce his decision on whether he would
seek an indictment of Mr. Clinton in connection with his affair
with a White House intern shortly after the president left
office.

The prosecutor suggested that the announcement about the possible
indictment of Mr. Clinton would come within weeks after a new
president is inaugurated on Jan. 20. Mr. Ray has already issued
two reports, one essentially clearing the Clintons in the
collection of confidential F.B.I. files about Republicans and
another critical of Mrs. Clinton's role in the dismissal of
longtime employees in the White House travel office.

Setting out for the first time an explicit timetable on those two
matters in an interview on Friday and in comments through a
spokesman today, Mr. Ray also discussed some considerations about
the timing. Any criticism of Mrs. Clinton from Mr. Ray in the
final weeks of her campaign could turn into a political issue.

But Howard Wolfson, Mrs. Clinton's campaign spokesman, said today
in response to Mr. Ray's plans: "New Yorkers have already made up
their minds about this. They know there is nothing here."

Mr. Ray refused to discuss what the Whitewater report might
contain. While it has long been known there will be no
recommendation of any criminal indictment, the statement is
almost certain to discuss how his findings compare to Mrs.
Clinton's assertions to investigators and to the public about her
role as a lawyer in connection with several real estate dealings
in Arkansas.

"It's my intention to issue those findings and conclusions prior
to the election," he said. "Right now I'm trying for
mid-September."

Mr. Ray said he would issue his Whitewater conclusions the moment
they are ready and "not a second later." He said it would be
wrong to delay disclosing them.

"Even withholding them could have political repercussions," he
said, "and that could be viewed as being manipulative."

Mr. Ray said he believed that issuing his statement a few weeks
before the election would provide enough time for anyone to
respond to it and for the public to fully absorb both his views
and those of anyone who disputed his findings.

He said that the one situation that might change his plans would
be if the statement was not ready until just a few days before
the election. If that were the case, he said, he would consider
withholding it.

With regard to his decision about Mr. Clinton and the possibility
of bringing an indictment after he leaves office, Mr. Ray said he
had an obligation to conclude the matter as soon as possible.

"It's time this matter was brought to closure," he said. "And it
is coming to closure."

He added: "I know the country is weary of this. The country needs
to get past this."

Mr. Ray impaneled a new grand jury on July 11 to consider whether
Mr. Clinton should be indicted in connection with his denials
under oath about whether he had a sexual relationship with Monica
Lewinsky, a onetime White House intern.

He described the decision-making process as largely "a
deliberative one now, not an investigative one."

Because the sole issue is whether to charge the president after
he leaves office, Mr. Ray said he intended to take full advantage
of the time until Mr. Clinton left office to make up his mind. He
said his deliberations would require a few months.

Mr. Ray also said there were other factors to consider but
declined to elaborate.

One possible factor is whether Mr. Clinton is disbarred. A state
judge in Arkansas is considering a recommendation from a special
bar committee that Mr. Clinton be stripped of his law license
because of his denials under oath of a relationship with Ms.
Lewinsky. A trial on the matter is likely to be held this fall.

Though Mr. Ray is an independent counsel, he is obliged to follow
Justice Department guidelines that allow for prosecutors to show
discretion and decline to prosecute a case if the subject has
already paid a penalty -- like disbarment or even suspension from
the practice of law.

The Whitewater report that Mr. Ray is expected to file with a
special three-judge panel at the same time he issues his
statement of findings and conclusions will probably be his last
investigative report.

He has already filed two reports with the panel, one in March on
allegations that the White House, and particularly Mrs. Clinton,
collected hundreds of confidential F.B.I. files, many of them of
prominent Republicans, as part of a political
intelligence-gathering scheme. Mr. Ray concluded that the
improper acquisition was a bureaucratic foul-up involving
midlevel White House officials and that Mrs. Clinton had no
involvement, as she had asserted.

But in his second statement of findings and conclusions, issued
in June, about whether Mrs. Clinton played a role in the firing
of seven longtime White House travel office employees, Mr. Ray
was far more critical of her sworn statements.

He made a point of saying that despite Mrs. Clinton's strong
denials, he concluded that she had played a substantial role in
causing the employees to be dismissed.

The Whitewater report may well follow that model as it is
expected to explore what Mrs. Clinton did as a lawyer for various
Arkansas clients, and contentions that she tried to conceal or
minimize her role.

For example, one issue is a 1985 telephone call Mrs. Clinton made
on behalf of a client, Madison Guaranty and Trust, to a senior
Arkansas official who worked for her husband, then the governor.
She telephoned Beverly Bassett, the state securities commissioner
in Mr. Clinton's administration, to discuss a proposal for
Madison to float preferred stock.

Mrs. Clinton told investigators that she did not remember whom
she spoke with at the agency. She also said she had only been
trying to find out the appropriate official for an associate at
her firm, Richard Massey, to contact and that she had not
discussed the issue.

But the regulator recalled the conversation in detail when she
testified before the Senate Whitewater committee. She said that
Mrs. Clinton had spoken with her and discussed the substance of
the proposal. And Mr. Massey testified he had already known whom
to contact.


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