-Caveat Lector-

http://www.nytimes.com/2001/06/16/politics/16INQU.html

The New York Times
June 16, 2001

Judge Unseals Court Ruling on Leaks in Torricelli Inquiry

Snipped down to here


Judge Lifland indirectly identified the Justice Department official as
Alan Gershel, who served as a deputy assistant attorney general from
January through October 2000, since his ruling refers to a separate
filing by the Justice Department itself in which Mr. Gershel is
described as "that official" who provided information for the
Star-Ledger article.


Dale Leibach, a spokesman for Mr.  Torricelli, said the senator would
appeal Judge Lifland's ruling.

"The unprecedented release of confidential grand jury information in this
inquiry has brought the condemnation of senior Congressional Democrats and
Republicans," Mr.  Leibach said.  "Every American should be offended."



A dose of his own medicine ?


"The defendant was untruthful with many falsehoods and lies," Justice
Department prosecutor Alan Gershel said in his closing argument.  "This lie
is built on a house of cards.  One lie begets another lie.  At the end of
the day, it all falls apart."

Gershel contended Bakaly initially tried to hide his role from Starr's
investigators and the court, but later changed his story and admitted he
provided some information for the article.

****

Former Starr spokesman cleared of contempt charges

October 7, 2000

Web posted at: 5:51 HKT (0551 GMT)

WASHINGTON (CNN) - The former spokesman for Independent Counsel Kenneth
Starr was cleared Friday of criminal contempt charges stemming from a
controversy over leaks to the news media during the Monica Lewinsky
scandal.

U.S.  District Judge Norma Holloway Johnson Friday found Charles G.  Bakaly
III not guilty of the charges.
Bakaly had been accused of leaking information about President Clinton to
the media and then denying it.

"Even if some of his statements are misleading by their negative
implication that Mr.  Bakaly was not a source of information that he in
fact supplied or confirmed, such a finding does not provide a sufficient
basis for a criminal contempt conviction for making false statements,"
Johnson wrote in a 50-page ruling.

Holloway had initiated the case after Clinton's lawyer, David Kendall,
filed a complaint.  Johnson conducted a six-day, nonjury trial of Bakaly in
July.  The Justice Department, which had declined to indict Bakaly, served
as prosecutor at Johnson's request.

One of Bakaly's lawyers, Robert Weinberg, said Friday, "We are pleased and
gratified and we believe that the judge reached the right result." Another
Bakaly lawyer, Michele Roberts, said, "He's in the clear...  He and I and
the rest of the defense team are very pleased."

Bakaly was charged with contempt for denying under oath that he was a
source for a New York Times article which ran on Jan.  31, 1999, in the
midst of Clinton's impeachment trial.  It said Starr had decided that a
sitting president could be indicted.

Bakaly initially denied he was a source for the article during an
investigation launched by Johnson, which dealt with whether certain leaks
from Starr's office violated grand jury secrecy rules.  But Bakaly later
admitted that he might have "inadvertently confirmed"
some of the information for the New York Times, forcing his resignation
from Starr's staff in March 1999.

"The defendant was untruthful with many falsehoods and lies," Justice
Department prosecutor Alan Gershel said in his closing argument.  "This lie
is built on a house of cards.  One lie begets another lie.  At the end of
the day, it all falls apart."

Gershel contended Bakaly initially tried to hide his role from Starr's
investigators and the court, but later changed his story and admitted he
provided some information for the article.

However, an appeals court ultimately ruled the Times article did not
involve secret grand jury material.

In her closing, defense lawyer Roberts scoffed at the accusation that
Bakaly revealed secret matters, describing the material he disclosed as
"garden variety" information discussed in every newspaper and talk show
during the Lewinsky investigation.





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