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- <text id=94TT1160>
- <title>
- Aug. 29, 1994: Whitewater:Fade Away, Starr
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Aug. 29, 1994 Nuclear Terror for Sale
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- THE POLITICAL INTEREST, Page 37
- Fade Away, Starr
- </hdr>
- <body>
- <p>By Michael Kramer--With reporting by Andrea Sachs/New York
- </p>
- <p> It isn't too late for Kenneth Starr to quit as the new Whitewater
- independent counsel. And he should. In fact, it's the Republicans
- rather than the Democrats who should be urging his resignation.
- Consider the two possible outcomes of Starr's investigation
- and the way in which the White House will spin them. If Starr
- determines the Clintons did something wrong, he'll be tarred
- for partisanship. If he exonerates them, the Administration
- will crow that even a conservative Republican found the Clintons
- innocent. "That sounds sensible," says a Republican Senator,
- "but if Starr slams Clinton, we think the facts will drown out
- the cries of foul." The Democrats apparently agree. Despite
- insisting the Clintons are clean--and thus shouldn't sweat
- any inquiry--a growing Democratic chorus is clamoring for
- Starr's resignation. So are several major media outlets, including
- the New York Times, which last week concluded that Starr has
- a "duty" to quit.
- </p>
- <p> That's right, but not because Starr is incapable of conducting
- a fair inquiry. His partisan political activities are small-bore.
- His integrity and honesty have never been seriously questioned.
- When even a dues-paying liberal like the legal director of the
- American Civil Liberties Union says, "I'd rather have Starr
- investigate me than almost anyone I can think of," the case
- for bias is virtually closed.
- </p>
- <p> What's truly troubling, however, is the chummy meeting in the
- Senate dining room that took place three weeks before Starr
- was chosen. On July 14 David Sentelle, who heads the three-judge
- panel that fired Robert Fiske and retained Starr, had lunch
- with Senator Lauch Faircloth, the North Carolina Republican
- who led the charge for Fiske's dismissal. To hear Faircloth
- tell it, he and Sentelle (and Senator Jesse Helms, who was also
- present) talked about Western hats, old friends and prostate
- problems. Sentelle, however, has said only that "to the best
- of my recollection," he and the Senators didn't discuss the
- imminent selection of a new counsel. "Those words have been
- criticized at the Whitewater hearings as a convenient way for
- people to forget what happened," says New York University Law
- School professor Stephen Gillers, an expert on legal ethics.
- "And now we have a federal judge choosing someone to investigate
- the President who claims he can't definitively recall an event
- that happened only three weeks before."
- </p>
- <p> The problem here concerns appearances. The independent-counsel
- law, enacted 15 years ago in the wake of Watergate, was a response
- to the public's growing distrust of its leaders. The law accepted
- the assumption that an Administration should not investigate
- itself. It understood that a government deriving its legitimacy
- from the consent of the governed must not only act forthrightly
- but appear to do so. Indeed, the Sentelle panel adopted this
- exact rationale to ax Fiske, who had been appointed by Clinton's
- Justice Department. The statute, the judges said, "contemplates
- an apparent as well as an actual independence on the part of
- the counsel." That apparent independence was compromised when
- Sentelle met with Faircloth and Helms.
- </p>
- <p> The rhetorical war over Whitewater, in which some fear a witch-hunt
- and others a whitewash, won't be quelled until Chief Justice
- William Rehnquist, who appointed the Sentelle panel, chooses
- another group of jurists who can start over. The predicate for
- that action is Starr's retirement. Shortly after his selection,
- Starr said, "The reality and appearance of fairness are very
- important to the entire activity, and I intend to live up to
- that." At this point, he can best live up to that by stepping
- down.
- </p>
- </body>
- </article>
- </text>
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