The 1970s were good times for Leroy "Nicky" Barnes, one of New York City's most notorious heroin dealers, who was famous for frustrating authorities. That changed when Robert Fiske Jr., the U.S. attorney in Manhattan, decided to take the case in 1977. Although Fiske had little experience with narcotics cases, he mastered the details and pursued Barnes relentlessly. Within months, Barnes was convicted of heading a narcotics ring and sentenced to life in prison with no chance of parole.
Now, two months into his stint as special prosecutor in the Whitewater probe, Fiske is displaying the same thoroughness and aggressiveness. He has subpoenaed senior officials in the White House and the Treasury Department; he has acted to block the release of documents related to the death of Vincent Foster, the former deputy White House counsel, and he has persuaded Congress not to let hearings impede his work. Fiske may also widen his inquiry to examine the conduct of Webster Hubbell during his tenure at the Rose Law Firm. Hubbell resigned last week as associate attorney general amid reports that he overbilled clients while a Rose partner.
While detractors argue that Fiske's tactics have blocked disclosure of materials and hampered congressional probes, experts such as ex- U.S. Attorney Joseph diGenova say he has no choice. The more information about the case that's publicly available, the higher the risk that it will color the testimony of future witnesses.
So far, many of Fiske's actions have been driven by the media. After stories arose about the Rose Law Firm shredding documents, Fiske promised an investigation. Likewise, after secret contacts between White House and Treasury officials came to light, Fiske subpoenaed the individuals reported to have been involved. Thomas Puccio, who prosecuted the Abscam corruption cases, says this strategy shows "it's a serious investigation" -- and it staves off public criticism.
Whatever the outcome, Fiske's colleagues are sure his probe will reach an unequivocal conclusion. "If he says there's no crime, you can take that to the bank," says one law enforcement official who helped put Nicky Barnes away. "[But] if there is criminality, you can bet an indictment will be returned."
