Sue Hartigan <[EMAIL PROTECTED]> writes: Grand Jury Hears First Lady Tapes > WASHINGTON (AP) -- As a grand jury in Arkansas watched > first lady Hillary Rodham Clinton's videotaped > testimony Wednesday, her lawyer confirmed she had > refused to answer two questions in the Whitewater > inquiry on grounds of marital privilege. > > Questions in Saturday's five-hour White House session > that Mrs. Clinton declined to respond to dealt with > ``conversations that plainly fell under the > long-standing common law privilege for marital > communications,'' attorney David Kendall said in a > statement. > > After the grand jury gathered at the federal courthouse > in Little Rock, Ark., Whitewater prosecutor Kenneth > Starr spent about 45 minutes in the area of the > building where the grand jury meets. > > Deputy Whitewater prosecutor W. Hickman Ewing Jr., who > conducted most of the questioning of Mrs. Clinton, > declined to comment as he entered the building carrying > two briefcases. > > Mrs. Clinton's invoking the marital privilege is the > latest instance of Whitewater prosecutors being unable > to get answers to questions in the investigation. > > Starr will speak on the issue of executive privilege in > a speech Friday to a convention of the Association of > Defense Trial Attorneys in San Antonio. > > The grand jury in Little Rock, which is focusing on the > actions of Mrs. Clinton and former law partner Webster > Hubbell, expires May 7. A grand jury in Washington also > is investigating Hubbell regarding possible tax > violations stemming from payments totaling more than > $700,000 in 1994 and 1995 after his resignation from > the Justice Department. Many of the payments were > arranged by friends of the president and first lady. > > President Clinton has invoked executive privilege to > protect the confidentiality of some conversations with > top aides in the investigation involving former White > House intern Monica Lewinsky. > > The Justice and Treasury departments argue that Starr > can be barred from questioning Secret Service officers > about Clinton's relationship with Ms. Lewinsky. > > The Whitewater probe ``is a great investigation for the > law of evidence,'' said New York University law > professor Stephen Gillers. ``We've got executive > privilege, attorney-client privilege, spousal > privilege, a brand-new Secret Service persons' > privilege, and all that's left'' that hasn't been > invoked ``are clergyman's privilege, physician-patient > privilege and the privilege against > self-incrimination.'' > > Gillers said that if Mrs. Clinton had answered the > questions, that would have risked loss of the marital > privilege covering all other conversations with her > husband. > > Regarding conversations between Mrs. Clinton and her > husband, Starr was pressing into an area where he > should have expected to be rebuffed, said Bruce > Yannett, a white-collar criminal defense lawyer. > > ``It is pretty unusual for a prosecutor to ask a > married spouse about confidential conversations with > the other spouse and expect to get an answer,'' and ``I > don't think anyone should be particularly surprised or > offended'' by invoking the privilege, said Yannett, a > former federal prosecutor who was on the staff of > Iran-Contra prosecutor Lawrence Walsh. > > The videotaped questioning focused on Mrs. Clinton's > work while at the Rose Law Firm in Little Rock for the > failing savings and loan owned by the Clintons' > Whitewater partners, Jim and Susan McDougal. > > Kendall declined to specify the questions that prompted > refusals to answer based on marital privilege. > > Mrs. Clinton and her law firm terminated a retainer > agreement with McDougal's S&L on July 14, 1986, three > days after federal regulators removed McDougal from > control of the institution. But Mrs. Clinton has given > no indication she was aware of the serious action taken > days before by regulators. She said the retainer was > ended because the Rose Law Firm was doing more work for > federal regulators and wanted to phase out its work for > S&Ls. > > A document from July 14, 1986, however, indicates that > Clinton, who was governor at the time, was well aware > of McDougal's troubles. Staff aide Betsy Wright wrote > the governor a note asking whether he still had stock > in Whitewater in light of McDougal's ``current > problems.'' ``No -- Do not have any more,'' Clinton > scribbled back to Wright. -- Two rules in life: 1. Don't tell people everything you know. 2. Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
