THE LAWRENCE WALSH SHOW

NORDLINGER, JAY

The Lawrence Walsh Show One Independent Counsel Bashes Another By Jay Nordlinger AS PRESIDENT CLINTON'S date with the grand jury approached, Lawrence Walsh was feeling queasy. "My instinct is to...

...The difference between my consideration for President Reagan and even Bush," he says, "and [Starr's] consideration for President Clinton is night and day...
...The Iran-contra prosecutor was hardly known for delicacy when he was pursuing Presidents Reagan and Bush...
...The Lewinsky probe, he declared, "is harassment of the president," pure and simple...
...Has he ever felt a pang of empathy as he has seen Starr under attack...
...Obstruction of justice, perjury, witness tampering...
...There may be "nothing sinister" about it, he hastens to add, but "the appearance is unfortunate...
...Over the next several months, Walsh seldom missed a chance to jab at Starr...
...He treated relatively minor offenses as though they were capital crimes...
...He habitually violated every known precept of the Department of Justice...
...Their obligation is to apply law enforcement evenly to high officials as well as low and to go as far as is possible and fair...
...The late Arthur Liman, the liberal litigator who served as counsel to the Iran-contra committee in Congress, writes in his posthumous memoir that Walsh acted "as if he were prosecuting a massive antitrust case, not a matter of constitutional dimensions...
...From the second that Monica Lewinsky appeared on the scene, Walsh has been at Starr's heels, questioning his judgment, deriding his methods, and accusing him of an unwarranted interest in sex...
...The brief against Walsh...
...When these efforts are blocked by partisan politics, independent counsel must publicly expose the derogation of the rule of law...
...But we never exploited it, as Starr is doing now...
...All of this trouble, merely "to get into some prolonged interrogation as to a personal indiscretion...
...On Day Two, Walsh was on MSNBC, wondering how "after 30-odd million dollars spent investigating Whitewater" Starr wound up "policing the Paula Jones private litigation," which was "beyond his jurisdiction" (though not according to Clinton's own attorney general, Janet Reno...
...their concern must be only for the public duty that is being hampered...
...It mattered not a whit to him that it took six years to complete his investigation, or even that the president had long since retired...
...Walsh's detractors, of course, are aghast that the former independent counsel has appointed himself the quasi-official scold of the current independent counsel...
...He notes that Starr, like Judge David Sentelle (who sat on the panel that appointed Starr), is a member of the Federalist Society, "an organization of right-wing ideologues...
...He re-indicted Caspar Weinberger five days before the 1992 election, implicating Bush...
...Walsh's advice to the president...
...It is Walsh, they say, who abused his office during a six-year investigation that hounded its targets unremittingly...
...Does he feel a sense of solidarity with Starr, being one of the few who have occupied that position...
...And, near the close of his book, Walsh includes a passage that Kenneth Starr might particularly appreciate...
...On Day Three, Walsh did double duty, lighting into Starr on Good Morning America and National Public Radio...
...Moreover, like prosecutors who expand the reach of the criminal law, he tried to make criminal cases out of political offenses...
...C. Boyden Gray, Bush's White House counsel, speaks for many when he swears that "no prosecutor could ever equal Walsh for his lack of restraint...
...He freely admits to using the media— Walsh saw to it that he met with reporters individually at least one day a week—but he claims that it was necessary to counter the administration line...
...In his own memoir, published last year, Walsh makes a stirring defense of an aggressive independent counsel: "Some observers have argued that actions that violate the criminal statutes against fraud, obstruction, or perjury should—if undertaken by members of the executive branch—be viewed merely as political rough-housing, or playing hardball...
...Walsh does not regret the timing of his re-indictment of Weinberger, protesting that the calendar imposed by the court "gave me no choice...
...Still, it wasn't daily, as with Starr...
...Walsh was by turns vitriolic and condescending...
...But when we re-indicted Weinberger, it was bad...
...Congress wouldn't be able to do anything but conduct impeachment proceedings...
...My instinct is to shut my eyes," he told a television audience...
...Walsh maintains that he bears no personal animus against Starr—only that he has an honest "judgmental difference" with him...
...As a prosecutor, says Walsh, "you have to have a sense of the importance of the person you're undermining, weighed against the importance of what you're trying to achieve...
...I just think it's very harsh on the country that the president is being subjected to this experience and being distracted from his duties," Walsh explained...
...The crux of Walsh's case against Starr is that "he takes the law and pushes it to the extreme...
...Starr, he said, "should not be permitted to intrude into an ongoing civil lawsuit, disrupting it and practically sitting at the plaintiff's table...
...Otherwise, we are left to believe that certain people . . . are above the law...
...He surrounded himself with deputies who were fiercely partisan Democrats...
...His re-indictment of Weinberger was totally gratuitous and absolutely, unforgivably outrageous...
...What had so perturbed him now...
...He says he usually votes the straight Republican ticket, but has cast a Democratic ballot for president three times: for Lyndon Johnson and for Clinton, twice...
...Senator Dole took after us...
...In fact, Walsh would do well to ponder it, too: "Prosecutors must not be deterred by partisan attacks...
...Neither was Walsh above taking the low road, according to Gray, alarming the president's men with his knowledge of their sexual misdeeds: "He went after some fairly high-powered people in terms of their potential lady friends in faraway places...
...Walsh, say his still-riled opponents, is in no position to raise his voice against Starr...
...Not really," he answers...
...Walsh, though, was himself perpetually faulted for just this absence of prosecutorial balance...
...Ordinarily, "prosecutors like to stay away from this type of allegation...
...Walsh himself is always identified in the press as a Republican...
...On reflection, Walsh does make a concession: "I wasn't abused personally, as Carville and others are doing...
...I was hamstrung by classified-information problems, while Starr is not...
...Everything was top secret...
...among the most severe...
...As for the issue of illicit liaisons, Walsh explains that "if you investigate 50 people, you're bound to run into some sexual impropriety...
...Trust the country to be wise enough to disregard [the Lewinsky matter] in the end...
...Not one bit...
...On January 21—Day One of Monica Madness— Walsh complained on CNN that Starr was being drawn into matters with "no relationship to [Clinton's] performance as president...
...And we did...
...Walsh insists to anyone who will listen that Starr has done a gross disservice to Clinton, the presidency, and the office of independent counsel...
...Of Kenneth Starr's multitude of critics, Walsh is Jay Nordlinger is associate editor of THE WEEKLY STANDARD...
...Walsh offers no apologies...
...In any event, if all of Washington officialdom "were held to a standard of truthfulness in their private affairs, their private litigation, we'd never be done with it...
...Starr was only "exploiting a publicity opportunity to damage the president politically...
...But dishonesty seems a poor substitute for thoughtful analysis and forthright advocacy...
...The Starr inquiry, like his own, "is an expensive operation, and it ought not to get into consensual adultery...
...The testimony of Secret Service agents...
...After all, "activities of this sort have gone on for years and years, and generations and generations," and "people typically lie" about them...
...He leaked profligately to the media...
...Very disturbing," in need of "clearing up...
...They] cannot acknowledge personal concern...
...Furthermore, Walsh says, "I received harsher treatment from the Reagan and Bush administrations than Starr has received...
...These were mere "pretenses," designed to "embarrass the president for a personal escapade...
...And (unlike Starr) he subjected administration officials to withering public rhetoric...
...As to the leaking, "Walsh could have the front page of the Washington Post whenever he wanted, and none of us ever dreamed of confronting him on it...
...Allegations that Starr was leaking to the press...
...And it had an intimidating effect...
...Prosecution "is a matter of judgment," he averred, and "Judge Starr still has a lot to learn...

Vol. 4 • September 1998 • No. 1


 
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