Sue Hartigan <[EMAIL PROTECTED]> writes: Starr Links His Probe, Watergate > SAN ANTONIO (AP) -- With his own fight over executive > privilege raging in secret, Whitewater independent > counsel Kenneth Starr today drew parallels between his > plight and Watergate prosecutors. He declared the law > presumes ``the public has a right'' to critical > evidence. > > In a Law Day address to a bar association here, Starr > noted he was speaking on the same day that 24 years ago > the Nixon White House invoked executive privilege to > stop prosecutors from listening to tapes made by a > secret Oval Office recording system. Nixon's effort was > unsuccessful. > > ``I have chosen a topic that has currency now, as it > did then, the issue of executive privilege,'' Starr > said in 12 pages of remarks that gave a professor's > history of an issue that now affects his own criminal > investigation. > > Starr promised, ``I am going to do my best to steer > clear of the controversy'' he is fighting in secret > court hearings over President Clinton's decision to > invoke executive privilege to block some aide's > testimony before a grand jury. > > But weaving famous quotes from the Watergate era > throughout, the prosecutor made clear that a president > -- except in the most extreme cases -- cannot keep > information secret from court proceedings. > > ``As the Supreme Court said in United States vs. Nixon, > the public has a right to every man's evidence, except > for those persons protected by a constitutional, > common-law or statutory privilege,'' Starr said. > > To further make his point, Starr also borrowed a famous > quote from a fellow Texan, Watergate prosecutor Leon > Jaworski. > > ``Watergate taught the nation two valuable lessons, > lessons that are especially appropriate for us to > recall,'' he said. ``First, our Constitution works. And > second, no one -- absolutely no one -- is above the > law.'' > > Continuing to draw parallels to Watergate, Starr noted > that Jaworski spoke to the same Texas bar association > 24 years ago. > > Jaworski ultimately won his battle in a landmark > Supreme Court decision that defined when executive > privilege was appropriate for a president to invoke. > > Starr got a standing ovation at the conclusion of his > speech. Now, his battle goes forward. His lawyers argue > that executive privilege should not be allowed to block > grand jury testimony by presidential advisers on > personal matters such as the president's relationship > with Monica Lewinsky. > > The White House counters that a president needs to be > able to have confidence that he can seek confidential > advice from his aides without risk of it being > disclosed. > > A federal judge is considering both sides' sealed > arguments. > > Starr did not tip his hand on the court battle, but > said he was encouraged that it has spurred a healthy > public dialog on the issue on talks shows and other > venues. > > ``The recent debate on executive privilege ... has been > wide ranging, informative, sometimes contentious,'' he > said. -- 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
