Starr Ex-Aide Depicted as Repeat Liar
By Bill Miller
Washington Post Staff Writer
Wednesday, July 19, 2000 ; A09
The trial of Kenneth W. Starr's former spokesman came to a close
yesterday with prosecutors contending that Charles G. Bakaly III
has lied from the start about his role in a New York Times story
concerning the possibility of indicting President Clinton.
Justice Department lawyer Alan Gershel said Bakaly is stuck in a
"cycle" of lies, and Gershel accused Starr's onetime aide of
fabricating the truth again this week when he took the witness
stand in his defense against a criminal contempt-of-court charge.
In his testimony, Bakaly denied leaking any nonpublic information
to the Times, just as he had in a sworn declaration to the court
last year that is the focal point of his trial.
"This defendant has lied not once, but twice," Gershel declared
in closing arguments in U.S. District Court yesterday. "He lied
when he filed his declaration. And he lied when he sat up there
and under oath described his conduct. He was untruthful."
Despite his denials of leaking anything improper, Bakaly
essentially gave the Times "a place at the table" of a secret
discussion held in January 1999 within Starr's independent
counsel's office, Gershel said. Bakaly reconstructed legal
options raised by Starr's lawyers, he said. Four days after the
internal meeting, the article appeared in the midst of Clinton's
impeachment trial stemming from the Monica Lewinsky scandal.
Defense lawyer Michele A. Roberts brushed aside Gershel's
allegations, saying the prosecution team "has not come close to
meeting its burden" of showing Bakaly's declaration was false and
misleading. "The statement was true then. The statement is true
now, and as a result, Mr. Bakaly should be found not guilty,"
Roberts said.
The lawyers' arguments capped a four-day trial that provided a
window into the hectic atmosphere of Starr's office, where
Bakaly, a seasoned lawyer and public relations specialist,
fielded 50 or so calls a day from reporters seeking the latest
angle.
Chief U.S. District Judge Norma Holloway Johnson, who heard the
case without a jury, asked lawyers to submit proposed findings to
her by Aug. 11. She gave no timetable for a decision. If
convicted, Bakaly, 45, could face up to six months in jail.
Bakaly's conversations with Times reporter Don Van Natta Jr. took
place in the weeks leading to the Jan. 31, 1999, story that
revealed Starr had concluded he had the constitutional authority
to indict a sitting president. The story said some prosecutors in
Starr's office wanted to seek an indictment soon after the
impeachment trial ended. It also listed four options for moving
forward: end the case with no indictment; indict Clinton at the
time; indict him under seal; or indict him once he leaves office.
The day after the story was published, Bakaly appeared on "Good
Morning America" and distanced Starr's office from the Times
account, saying, "It's not our story." Days later, he provided
the sworn declaration to the court in which he denied discussing
any nonpublic information with Van Natta or revealing what
Starr's office was thinking.
Starr's lawyers submitted Bakaly's declaration to Johnson along
with a brief in which they said Van Natta told Bakaly his
information had come from sources "outside" their office. They
later withdrew the declaration, and Bakaly resigned in March
1999.
After the Times story appeared, Starr asked the FBI to
investigate whether anyone in his office had leaked unauthorized
information. Bakaly told the FBI that he talked about the four
options with Van Natta and provided some minor details used in
the story but he insisted, as he did this week, that he did not
discuss internal deliberations.
Roberts said Bakaly's discussions with Van Natta concerned
matters of public knowledge and that Starr's options were obvious
to any legal analyst.
Gershel said the timing of Bakaly's discussions with Van Natta
cast the matter in an entirely different light. He said Bakaly
wanted the public to get the message: "Stay tuned, people,
because no matter what happens on the Hill, we're not done yet."
"His lie is built on a house of cards," Gershel said. "One lie
begets another lie. At the end of the day, when it all comes out,
it all falls apart."
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Shalom, A Salaam Aleikum, and to all, A Good Day.
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