-Caveat Lector-
http://www.foxnews.com/politics/011901/clinton_indict.sml
In Deal With Special Prosecutor, Clinton Will Not Be Indicted
Friday, January 19, 2001
President Clinton has reached a deal with the independent
counsel's office guaranteeing him immunity from prosecution after
he leaves office.
Robert Nix/ZUMA
Clinton will admit to making misleading statements during the
Lewinsky and Jones scandals in exchange for the special
prosecutor's shutting down the probe.
Under the deal with Independent Counsel Robert Ray, Clinton must
admit that he made misleading statements during the probe of his
relationship with former White House intern Monica Lewinsky and
in the Paula Jones sexual harassment suit.
In return, Ray's office will shut down its probe and Clinton will not
be indicted. As well, Clinton's Arkansas law license will be
suspended for five years and an Arkansas Supreme Court
committee will end its proceedings against him, sources said.
Ray planned to announce the deal sometime after 2 p.m. ET
Friday.
Clinton's admission of wrongdoing will be in the form of a written
statement, sources said.
White House officials would not comment on the agreement, and
Clinton's private attorney, David Kendall, was not immediately
available for comment.
In sworn depositions Clinton gave during the Jones suit, the
president said he did not have a sexual relationship with Lewinsky,
a claim he repeated in public several times � until August 1998,
when he admitted his relationship with the intern was "not
appropriate."
Clinton was impeached two years ago on charges of perjury and
obstruction of justice related to the Lewinsky and Jones cases �
but he was acquitted. He was later found in contempt of court by a
federal judge, and he paid $90,000 in fines.
Many Felt Clinton Should Not Be Indicted
The deal culminates growing sentiment that Clinton should not be
indicted in the Lewinsky scandal.
This month, the Senate Judiciary Committee's top Republican,
Orrin Hatch of Utah, suggested that President-elect Bush pardon
Clinton to "end a problem in America that needs to be ended."
In response, Bush said, "I think it's time to get all of this business
behind us" and let Clinton "move on and enjoy life and become an
active participant in the American system." Regarding the
possibility of a pardon, Bush has said, "The suggestion that I would
pardon somebody who has never been indicted, that doesn't make
any sense to me."
How Do You Prosecute a President?
The legal roadmap to any decision on a Clinton indictment was a
36-page document entitled "Principles of Federal Prosecution"
which is part of the U.S. attorney's manual, the massive set of
Justice Department procedures that federal prosecutors rely on in
doing their jobs.
Ray's office is not part of the Justice Department, but "we are
generally obligated to follow the principles of federal prosecution as
outlined in the U.S. attorney's manual," said deputy independent
counsel Keith Ausbrook.
The U.S. attorney's manual says a decision to bring criminal
charges should take into account whether "there exists an
adequate non-criminal alternative to prosecution." Another section
of the manual states: "Merely because the attorney for the
government believes that a person's conduct constitutes a federal
offense and that the admissible evidence will be sufficient to obtain
and sustain a conviction, does not mean that he/she necessarily
should initiate or recommend prosecution."
Among the other legal questions that a prosecutor contemplating
criminal charges would be whether Clinton has accepted
responsibility for his actions and whether letting the ex-president
go would undermine federal law enforcement.
� Fox News' David Shuster and the Associated Press contributed
to this report
--
Alliance: In international politics, the union of two
thieves who have their hands so deeply inserted into
each others' pockets that they cannot separately
plunder a third. - Ambrose Bierce: The Devil's
Dictionary
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