-Caveat Lector-

Newsmax-Inside Cover

Thursday September 21, 2000; 1:09 PM EDT

OIC Silent on Foster Office Phase of Whitewater

A spokesman for the Office of Independent Counsel told
NewsMax.com Thursday that its statement closing out the
Whitewater probe was "not meant to be comprehensive," but would
not say whether questions about the activities of senior White
House officials in the wake of deputy White House counsel Vincent
Foster's death would be addressed in a final Whitewater report.

 "Our statement was just intended to present a number of specific
instances that we were addressing," Keith Ausbrook, spokesman for
independent counsel Robert Ray told NewsMax.com. "It was
obviously not intended to be a comprehensive statement about
everything."

When asked why mention of the Foster office phase of the
Whitewater probe was omitted from the OIC's summary, Ausbrook
said, "There are a lot of other things that we didn't mention. We
didn't mention, for instance, that we convicted Larry Kuca in
Arkansas."

 Kuca, a relatively minor figure in the Whitewater probe, pleaded
guilty to a misdemeanor conspiracy charge and testified against
the Clintons' Whitewater business partners Jim and Susan
McDougal.

 Asked whether the Foster office phase would be covered in the
OIC's final report, Ausbrook told NewsMax.com, "We haven't filed
the report yet. We put out a statement and we're not going to say
anything more than what the statement says."

 In the summary of its conclusions released Wednesday, the OIC
explained areas of the Whitewater probe that had been closed,
such as charges that the president had lied when he denied
knowing about a fraudulent loan to Susan McDougal and questions
about Mrs. Clinton's Rose Law Firm billing records.

 But nowhere in the statement did the OIC cover allegations
surrounding the alleged removal of documents from Foster's office
by senior Clinton aides on the night he was found shot to death
in a Virginia park.

 The OIC ruled Foster's death a suicide in 1997.

 It was the White House's December 1993 acknowledgment that
documents had been taken from Foster's office that prompted the
appointment of Whitewater Special Prosecutor Robert Fiske less
than a month later. (Reports nearly two years earlier detailing
the Clintons' ties to Madison Guarantee Savings & Loan and its
owners the McDougals had prompted interest only with local
officials of the Resolution Trust Corporation.)

Apart from his White House responsibilities, Foster was the
Clintons' private Whitewater lawyer. The removal of potential
evidence from his workplace spurred suspicions of a Whitewater
cover-up.

 On June 30, 1994, Fiske concluded that Foster had killed
himself, a determination seconded by Starr three years later. But
Fiske pointedly told reporters at the time that the Foster office
phase of his Whitewater probe was nearly complete, and that he
expected to release a report within weeks.

 On August 5, 1994, a three-judge panel declined to appoint Fiske
as official Whitewater independent counsel, choosing Kenneth
Starr to continue the investigation instead.

But in Starr's report on Foster's death, the raid on the dead
Whitewater lawyer's office by White House counsel Bernard
Nussbaum; Margaret Williams, chief of staff to the first lady;
and White House Personnel Director Patsy Thomasson is merely
alluded to in a single paragraph dealing with the search of
Foster's briefcase.

 Issues that emerged in testimony before the Senate Whitewater
Committee in 1995 but left unaddressed in Starr's Foster report
as well as Ray's Whitewater summary include:


*Testimony by uniformed Secret Service Officer Henry P. O'Neill
that he witnessed Williams removing files from Foster's office on
the night he died. (Williams denied the charge.)

*Williams' admission that she removed documents from Foster's
office two days later and stored them in Mrs. Clinton's bedroom
closet.

*Allegations by White House aide Thomas Castleton that Williams
told him Mrs. Clinton wanted to review the Foster office
documents.

*The troubling circumstances of the discovery of Foster's
so-called suicide note, found in his briefcase six days after his
death by an aide to Nussbaum. Two days earlier, Nussbaum had
searched the briefcase and declared it empty in the presence of
Park Police and FBI investigators. "Our oldest, blindest
detective could have found that note, if it had been in there,"
Park Police spokesman Charles Hines testified before the
committee.

*The misrepresentations Nussbaum made to senior Justice
Department officials about his plans for the official search of
Foster's office. Justice Department lawyers and FBI investigators
were denied access to evidence despite Nussbaum's assurances to
the contrary. The stunt prompted outrage from Deputy Attorney
General Phillip Heymann, who later demanded of Nussbaum, "Bernie,
are you hiding something?"

*Questions about why Foster's office remained unlocked and
accessible to White House staffers for nearly 12 hours after his
death, while Park Police and FBI investigators were barred for
nearly two days.


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