![]() |
||||||||||||||||||||||||||||||||||||
|
Sunday, September 13, 1998 Published at 14:55 GMT 15:55 UK
Highlights: The White House rebuttal ![]() President Clinton rebuts all eleven charges made by Starr President Clinton's lawyers have handed a second rebuttal of the independent counsel Kenneth Starr's report to Congress which they say rebuts each of the eleven charges against him. The rebuttal, which follows an earlier one, addresses five main areas - sex, perjury, abuse of power, obstruction of justice (including witness tampering) and impeachment. Conclusion: "The Office of the Independent Counsel (OIC) is asking the House of Representatives to undertake its most solemn and consequential process short of declaring war; to remove a duly and freely and fairly elected President of the United States because he had - as he has admitted - an improper, illicit relationship outside of his marriage. "Having such a relationship is wrong. Trying to keep such a relationship private, while understandable, is wrong. "But such acts do not even approach the Constitutional test of impeachment... "The President did not commit perjury. He did not obstruct justice. He did not tamper with witnesses. And he did not abuse the power of the office of the Presidency." Earlier, the rebuttal said: "The Referral is so loaded with irrelevant and unnecessary graphic and salacious allegations that only one conclusion is possible: its principal purpose is to damage the President."
The rebuttal wastes no time in attacking the Starr report for detailing President Clinton's sexual relationship with Monica Lewinsky. "It is plain that 'sex' is precisely what this four-and-a-half year investigation has boiled down to," it says in the first paragraph. "The President has acknowledged and apologised for an inappropriate sexual relationship with Ms Lewinsky, so there is no need to describe that relationship in ugly detail. "No one denies that the relationship was wrong or that the President was responsible." The rebuttal concludes that "many of the lurid allegations ... are simply part of a hit-and-run smear campaign."
The rebuttal says the president did not commit perjury when he told Paula Jones' lawyers in January that he did not have "sexual relationships" with Monica Lewinsky, because he did not think he was lying nor did he intend to lie. "The OIC argues that oral sex falls within the definition of sexual relations and that the President therefore lied when he said he denied having sexual relations. "It is, however, the President's good faith and reasonable interpretation that oral sex was outside the special definition of sexual relations provided to him." "Literally true statements cannot be the basis for a perjury prosecution, even if a witness intends to mislead the questioner," it continues. "Likewise, answers to an inherently ambiguous question cannot constitute perjury. " Also charges that Clinton lied about touching Monica Lewinsky's breasts and genitalia do not amount to perjury, the rebuttal says, because "normally, a perjury prosecution may not rest on the testimony of a single witness."
The rebuttal says the charge that the President's false denial of an improper relationship with Monica Lewinsky amounted to abuse of power could not be sustained because: "It would follow, therefore, that no official could mount a defence to impeachment, or to ethics charges, or to a criminal investigation while remaining in office, for anything other than an immediate admission of guilt will necessarily be misleading." The Office of the Independent Counsel is itself accused of an abuse of authority by trying to "invade the confidential relationship between the President and his most senior advisors and lawyers."
The rebuttal describes OIC charges that President Clinton tried to conceal gifts to Monica Lewinsky; tried to conceal the relationship and took action on behalf of Ms Lewinsky's job efforts as "flimsy allegations"; "a wholly unsupportable allegation"; and containing "nothing that supports an inference of any intent to obstruct justice." . It says allegations of witness tampering were a "transparent attempt to draw the most negative inference possible about lawful conduct." In particular, at the time of conversations with his secretary, Bettie Currie, "Ms Currie was not expected to be, nor was she, a witness. Again the OIC has wholly overreached to make baseless allegations of criminal conduct." They also say that Ms Currie's testimony supports the president's version of events, not Miss Lewinsky's. They quote Ms Currie telling the grand jury that it was Miss Lewinsky, not the president, who asked her to conceal the gifts - and thus Mr Clinton cannot be accused of obstructing justice. "Trying to discount Ms Currie's testimony on this point is a prime example of the dangers of relying on the OIC's development and presentation of evidence," says the rebuttal. |
|
||||||||||||||||||||||||||||||||||