High Crimes and Misdemeanors: The Case Against Bill Clinton (48 page)
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8
Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, Federal News Service, September 9, 1997.
Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, Federal News Service, September 9, 1997.
9
Don Van Natta, Jr., “Babbitt Attended Political Session Days Before the Initial Decision on a Casino,”
New York Times
, February 21, 1998. This part of Babbitt’s schedule was not disclosed until February 1998.
Don Van Natta, Jr., “Babbitt Attended Political Session Days Before the Initial Decision on a Casino,”
New York Times
, February 21, 1998. This part of Babbitt’s schedule was not disclosed until February 1998.
10
Don Van Natta, Jr., “Babbitt Attended Political Session Days Before the Initial Decision on a Casino,”
New York Times
, February 21, 1998.
Don Van Natta, Jr., “Babbitt Attended Political Session Days Before the Initial Decision on a Casino,”
New York Times
, February 21, 1998.
11
James Rowley, “Lawyer Quotes Babbitt Saying White House Ordered Casino Decision “ Associated Press, October 30, 1997.
James Rowley, “Lawyer Quotes Babbitt Saying White House Ordered Casino Decision “ Associated Press, October 30, 1997.
12
James Rowley, “Lawyer Quotes Babbitt Saying White House Ordered Casino Decision“ Associated Press, October 30, 1997.
James Rowley, “Lawyer Quotes Babbitt Saying White House Ordered Casino Decision“ Associated Press, October 30, 1997.
13
Don Van Natta, Jr., and Jill Abramson, “Web of Influence,”
New York Times
, January 11, 1998.
Don Van Natta, Jr., and Jill Abramson, “Web of Influence,”
New York Times
, January 11, 1998.
14
“Statement by Interior Secretary Bruce Babbitt,” Federal Document Clearing House, Inc., February 11, 1998.
“Statement by Interior Secretary Bruce Babbitt,” Federal Document Clearing House, Inc., February 11, 1998.
15
Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, October 8, 1997.
Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, October 8, 1997.
16
George Landow, Jr., “Lobbyist Contradicted Babbitt Aide on Casino,”
Washington Post
, March 11, 1998.
George Landow, Jr., “Lobbyist Contradicted Babbitt Aide on Casino,”
Washington Post
, March 11, 1998.
17
House Hearings before the Committee on Government Reform and Oversight, Exhibits 356-1-356-59.
CHAPTER 19House Hearings before the Committee on Government Reform and Oversight, Exhibits 356-1-356-59.
1
Maureen Dowd, “Liberties: Something Sacred, After All,”
New York Times
, November 22, 1997.
Maureen Dowd, “Liberties: Something Sacred, After All,”
New York Times
, November 22, 1997.
2
Maureen Dowd, “Liberties: Something Sacred, After All,”
New York Times
, November 22, 1997.
Maureen Dowd, “Liberties: Something Sacred, After All,”
New York Times
, November 22, 1997.
3
Bob Woodward, “Findings Link Clinton Allies to Chinese Intelligence,”
Washington Post
, February 10, 1998.
Bob Woodward, “Findings Link Clinton Allies to Chinese Intelligence,”
Washington Post
, February 10, 1998.
4
Bob Woodward, “Findings Link Clinton Allies To Chinese Intelligence,”
Washington Post
, February 10, 1998.
Bob Woodward, “Findings Link Clinton Allies To Chinese Intelligence,”
Washington Post
, February 10, 1998.
5
Bob Woodward, “Findings Link Clinton Allies To Chinese Intelligence,”
Washington Post
, February 10, 1998.
Bob Woodward, “Findings Link Clinton Allies To Chinese Intelligence,”
Washington Post
, February 10, 1998.
6
Ivan Tong, “China Resources to Acquire 50pc Stake in Bank,”
South China Morning Post
, July 17, 1993.
Ivan Tong, “China Resources to Acquire 50pc Stake in Bank,”
South China Morning Post
, July 17, 1993.
7
Jeff Gerth and Stephen Labaton, “Wealthy Indonesian Businessman Has Strong Ties to Clinton,”
New York Times
, October 11, 1996.
Jeff Gerth and Stephen Labaton, “Wealthy Indonesian Businessman Has Strong Ties to Clinton,”
New York Times
, October 11, 1996.
8
The three-page letter, marked “personal and confidential,” was released by the White House on December 3, 1996.
The three-page letter, marked “personal and confidential,” was released by the White House on December 3, 1996.
9
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
10
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
11
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
12
“Excerpts From Interview with Clinton: ‘Global Economy’ and the U.S.,”
New York Times
, November 16, 1996.
“Excerpts From Interview with Clinton: ‘Global Economy’ and the U.S.,”
New York Times
, November 16, 1996.
13
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,”
Los Angeles Times
, October 16, 1996.
14
James Rowley, “Reno Doesn’t Budge on Campaign Probe,” Associated Press, April 30, 1997.
James Rowley, “Reno Doesn’t Budge on Campaign Probe,” Associated Press, April 30, 1997.
15
This information was not admitted to congressional investigators until January 1997, in response to repeated letters from House Rules Committee Chairman Gerald Solomon (R-NY). At one point, Solomon even wrote directly to President Clinton, deploring this pattern of stalling, stonewalling, and obstructing justice. Eventually then-Commerce Secretary Mickey Kantor released a large batch of documents relating to Huang’s activities at Commerce, and described the weekly intelligence briefings in a cover letter to Solomon.
This information was not admitted to congressional investigators until January 1997, in response to repeated letters from House Rules Committee Chairman Gerald Solomon (R-NY). At one point, Solomon even wrote directly to President Clinton, deploring this pattern of stalling, stonewalling, and obstructing justice. Eventually then-Commerce Secretary Mickey Kantor released a large batch of documents relating to Huang’s activities at Commerce, and described the weekly intelligence briefings in a cover letter to Solomon.
16
Letter from Commerce Department Chief Financial Officer Raymond G. Kammer, Jr., to House Rules Committee Chairman Gerald Solomon, dated January 28, 1997.
Letter from Commerce Department Chief Financial Officer Raymond G. Kammer, Jr., to House Rules Committee Chairman Gerald Solomon, dated January 28, 1997.
17
Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, Federal News Service, July 16, 1997.
Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, Federal News Service, July 16, 1997.
18
James Risen and Alan C. Miller, “Huang’s Security Status Raises New Questions,”
Los Angeles Times
, June 17, 1997. On December 12, 1995, the Pentagon’s Defense Industrial Security Clearance Office granted Huang a “consultant top-secret” clearance without running a new background check.
James Risen and Alan C. Miller, “Huang’s Security Status Raises New Questions,”
Los Angeles Times
, June 17, 1997. On December 12, 1995, the Pentagon’s Defense Industrial Security Clearance Office granted Huang a “consultant top-secret” clearance without running a new background check.
19
Kenneth R. Timmerman, “All Roads Lead to China,”
The American Spectator
, March 1997.
Kenneth R. Timmerman, “All Roads Lead to China,”
The American Spectator
, March 1997.
20
According to Commerce Department spokesmen, Huang’s application for government employment as well as his applications for security clearances listed his birthdate as April 14, 1945. Yet, on two consecutive days, May 15 and May 16, 1995, Huang signed visa applications for South Korea and China (the country of his birth) legally certifying that his birthdate was in fact April 14, 1941.
According to Commerce Department spokesmen, Huang’s application for government employment as well as his applications for security clearances listed his birthdate as April 14, 1945. Yet, on two consecutive days, May 15 and May 16, 1995, Huang signed visa applications for South Korea and China (the country of his birth) legally certifying that his birthdate was in fact April 14, 1941.
21
On October 9, 1996, Assistant White House Counsel Mark Fabiani described the meeting as “an informal chat.” On October 14, 1996, the
Los Angeles Times
reported that Fabiani referred to both the April 1993 meeting among the president, Riady, and Huang and the September 13, 1995, meeting as “meet and greet” social visits. On October 16, 1996, the
Times
reported that “one of Clinton’s senior advisers, Bruce Lindsey, said he had been present for two meetings between Riady and Clinton in the past two years, including one in the last few months. ‘It was basically a social visit,’ Lindsey said.”
On October 9, 1996, Assistant White House Counsel Mark Fabiani described the meeting as “an informal chat.” On October 14, 1996, the
Los Angeles Times
reported that Fabiani referred to both the April 1993 meeting among the president, Riady, and Huang and the September 13, 1995, meeting as “meet and greet” social visits. On October 16, 1996, the
Times
reported that “one of Clinton’s senior advisers, Bruce Lindsey, said he had been present for two meetings between Riady and Clinton in the past two years, including one in the last few months. ‘It was basically a social visit,’ Lindsey said.”
22
James Risen and Alan C. Miller, “Huang’s Security Status Raises New Questions,”
Los Angeles Times
, June 17, 1997. On December 12, 1995, the Pentagon’s Defense Industrial Security Clearance Office granted Huang a “consultant top-secret” clearance without running a new background check.
James Risen and Alan C. Miller, “Huang’s Security Status Raises New Questions,”
Los Angeles Times
, June 17, 1997. On December 12, 1995, the Pentagon’s Defense Industrial Security Clearance Office granted Huang a “consultant top-secret” clearance without running a new background check.
23
William C. Rempel and Alan C. Miller, “First Lady’s Aide Solicited Check to DNC, Donor Says,”
Los Angeles Times
, July 27, 1997.
William C. Rempel and Alan C. Miller, “First Lady’s Aide Solicited Check to DNC, Donor Says,”
Los Angeles Times
, July 27, 1997.
24
James Sterngold, “White House Aide Pushes Plan Benefiting Chinese Shipping Concern,”
New York Times
, May 9, 1997.
James Sterngold, “White House Aide Pushes Plan Benefiting Chinese Shipping Concern,”
New York Times
, May 9, 1997.
25
This was apparently in response to a request from Chairman Solomon of the House Rules Committee.
This was apparently in response to a request from Chairman Solomon of the House Rules Committee.
26
David Johnston, “FBI Denied Data the White House Sought on China,”
New York Times
, March 25, 1997.
David Johnston, “FBI Denied Data the White House Sought on China,”
New York Times
, March 25, 1997.
27
At a press conference on Friday February 6, 1998, CNN’s Wolf Blitzer asked President Clinton, “Monica Lewinsky’s life has been changed forever—her family’s life has been changed forever. I wonder how you feel about that and what, if anything, you’d like to say to Monica Lewinsky at this minute?” “That’s good,” the president said. “That’s good, but at this minute, I’m going to stick with my position in not commenting.”
At a press conference on Friday February 6, 1998, CNN’s Wolf Blitzer asked President Clinton, “Monica Lewinsky’s life has been changed forever—her family’s life has been changed forever. I wonder how you feel about that and what, if anything, you’d like to say to Monica Lewinsky at this minute?” “That’s good,” the president said. “That’s good, but at this minute, I’m going to stick with my position in not commenting.”
28
Clinton said of Riady, “[I]f I said to him, I want a good, strong, positive relationship with China, and my objective is to engage China, not to isolate it… it wouldn’t surprise me if he said that to somebody the next time he was in China because I expect that to be done by—I mean, a lot of times I do it deliberately knowing that it would be communicated.” “Excerpts from Interview with Clinton: ‘Global Economy’ and the U.S.,”
New York Times
, November 16, 1996.
Clinton said of Riady, “[I]f I said to him, I want a good, strong, positive relationship with China, and my objective is to engage China, not to isolate it… it wouldn’t surprise me if he said that to somebody the next time he was in China because I expect that to be done by—I mean, a lot of times I do it deliberately knowing that it would be communicated.” “Excerpts from Interview with Clinton: ‘Global Economy’ and the U.S.,”
New York Times
, November 16, 1996.
29
U.S. Senate Committee on Governmental Affairs, Hearing on Investigations into Fund-raising Activities During the 1996 Elections, Tuesday, July 8, 1997, FDCH Political Transcripts (1997).
U.S. Senate Committee on Governmental Affairs, Hearing on Investigations into Fund-raising Activities During the 1996 Elections, Tuesday, July 8, 1997, FDCH Political Transcripts (1997).
30
Sandy Grady, “The Chinese Commies Are Coming!”
Miami Herald
, July 13, 1997.
Sandy Grady, “The Chinese Commies Are Coming!”
Miami Herald
, July 13, 1997.
31
U.S. Senate Committee on Governmental Affairs, Hearing on Investigations into Fund-raising Activities During the 1996 Elections, Tuesday, July 8, 1997, FDCH Political Transcripts (1997).
U.S. Senate Committee on Governmental Affairs, Hearing on Investigations into Fund-raising Activities During the 1996 Elections, Tuesday, July 8, 1997, FDCH Political Transcripts (1997).
32
U.S. Senate Committee on Commerce, Science, and Transportation, Hearing on NASA’s FY 1998 Budget Request, Thursday April 24, 1997, FDCH Political Transcripts (1997) (Testimony of Marcia S. Smith, Specialist in Aerospace and Telecommunications Policy).
U.S. Senate Committee on Commerce, Science, and Transportation, Hearing on NASA’s FY 1998 Budget Request, Thursday April 24, 1997, FDCH Political Transcripts (1997) (Testimony of Marcia S. Smith, Specialist in Aerospace and Telecommunications Policy).
33
Earl Lane, “John Glenn Rides Again/Spot Saved for Him on Oct. Shuttle,”
Newsday
, January 16, 1998.
Earl Lane, “John Glenn Rides Again/Spot Saved for Him on Oct. Shuttle,”
Newsday
, January 16, 1998.
34
Jeff Gerth, “Democrat Fund-Raiser Said to Detail China Tie,”
New York Times
, May 15, 1998.
Jeff Gerth, “Democrat Fund-Raiser Said to Detail China Tie,”
New York Times
, May 15, 1998.
35
Editorial, “China Deal for Campaign Cash?”
Investor’s Business Daily
, May 6, 1998.
Editorial, “China Deal for Campaign Cash?”
Investor’s Business Daily
, May 6, 1998.
36
Jeff Gerth, “Companies Are Investigated for Aid to China on Rockets,”
New York Times
, April 4, 1998.
Jeff Gerth, “Companies Are Investigated for Aid to China on Rockets,”
New York Times
, April 4, 1998.
37
A few months later, this exchange occurred at a press briefing:
A few months later, this exchange occurred at a press briefing:
SARAH MCCLENDON: Mr. President, it looks as if you’re getting ready to sign an agreement with China which would give them help and some of our secrets and not just be a friendly thing. Would you sign this without the American people having had wide discussion over this and debate on—don’t you need approval of Congress? Would you just go ahead and sign this, because, after all, that’s one of our greatest contemporary enemies, is China?
CLINTON: Well, Sarah, I’m not sure I know the specific issue you’re referring to, but I—I would not make any agreements with China in secret and they would be subject to the knowledge of the Congress and the debate of the American people.
White House Press Conference April 30, 1998.
38
Editorial, “China Deal For Campaign Cash?”
Investor’s Business Daily
, May 6, 1998.
Editorial, “China Deal For Campaign Cash?”
Investor’s Business Daily
, May 6, 1998.
39
Editorial, “China Deal For Campaign Cash?”
Investor’s Business Daily
, May 6, 1998.
Editorial, “China Deal For Campaign Cash?”
Investor’s Business Daily
, May 6, 1998.
40
Editorial, “The Sanctity of Missile Secrets,”
New York Times
, April 15, 1998.
Editorial, “The Sanctity of Missile Secrets,”
New York Times
, April 15, 1998.
41
CNN’s
Larry King Live
, February 15, 1996.
CNN’s
Larry King Live
, February 15, 1996.
42
Maureen Dowd, “Liberties: Something Sacred, After All,”
New York Times
, November 22, 1997.
Maureen Dowd, “Liberties: Something Sacred, After All,”
New York Times
, November 22, 1997.
43
Federalist No. 64, at 396 (John Jay).
CHAPTER 20Federalist No. 64, at 396 (John Jay).
1
Federalist No. 57, (James Madison).
Federalist No. 57, (James Madison).
2
Federalist No. 64, at 391 (John Jay). Jay was referring to the electoral college.
Federalist No. 64, at 391 (John Jay). Jay was referring to the electoral college.
3
The process of selection Hamilton praises is the electoral college—not the popular election the electoral college has become. “It was equally desirable that the immediate election should be made by men most capable of analyzing the qualities adapted to the station and acting under circumstances favorable to deliberation…. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to so complicated an investigation.” Federalist No. 68, at 412. Still the desideratum of a man of virtue for the office of the president can hardly be disputed.
The process of selection Hamilton praises is the electoral college—not the popular election the electoral college has become. “It was equally desirable that the immediate election should be made by men most capable of analyzing the qualities adapted to the station and acting under circumstances favorable to deliberation…. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to so complicated an investigation.” Federalist No. 68, at 412. Still the desideratum of a man of virtue for the office of the president can hardly be disputed.
4
Federalist No. 68, at 414 (Alexander Hamilton).
Federalist No. 68, at 414 (Alexander Hamilton).
5
Federalist No. 68, at 413 (Alexander Hamilton).
Federalist No. 68, at 413 (Alexander Hamilton).
6
Rodino Report at 22.
Rodino Report at 22.
7
Berger at 62.
Berger at 62.
8
Rodino Report at 23.
Rodino Report at 23.
9
Michael de la Pole had “purchas [ed] property of great value from the King while using his position as Chancellor to have the lands appraised at less than they were worth all in violation or his oath, in deceit of the King and in neglect of the need of the realm.” Rodino Report at n. 8.
Michael de la Pole had “purchas [ed] property of great value from the King while using his position as Chancellor to have the lands appraised at less than they were worth all in violation or his oath, in deceit of the King and in neglect of the need of the realm.” Rodino Report at n. 8.
10
Michael de la Pole had “brok[en] a promise he made to the full Parliament to execute in connection with a parliamentary ordinance the advice of a committee of nine lords regarding the improvement of the estate of the King and the realm: ‘this was not done, and it was the fault of himself as he was then chief officer.’” Rodino Report at 5. After describing thirteen English impeachments for noncriminal conduct, Berger observes that “[t]he foregoing examples by no means exhaust the list which could be adduced to illustrate that English impeachments did proceed for misconduct that was not ‘criminal’ in the sense of the general criminal law.” Berger at 69.
Michael de la Pole had “brok[en] a promise he made to the full Parliament to execute in connection with a parliamentary ordinance the advice of a committee of nine lords regarding the improvement of the estate of the King and the realm: ‘this was not done, and it was the fault of himself as he was then chief officer.’” Rodino Report at 5. After describing thirteen English impeachments for noncriminal conduct, Berger observes that “[t]he foregoing examples by no means exhaust the list which could be adduced to illustrate that English impeachments did proceed for misconduct that was not ‘criminal’ in the sense of the general criminal law.” Berger at 69.
11
After describing thirteen English impeachments for noncriminal conduct, Berger observes that “[t]he foregoing examples by no means exhaust the list which could be adduced to illustrate that English impeachments did proceed for misconduct that was not ‘criminal’ in the sense of the general criminal law.” Berger at 69.
After describing thirteen English impeachments for noncriminal conduct, Berger observes that “[t]he foregoing examples by no means exhaust the list which could be adduced to illustrate that English impeachments did proceed for misconduct that was not ‘criminal’ in the sense of the general criminal law.” Berger at 69.
12
U.S. Constitution, Article II, section 2.
U.S. Constitution, Article II, section 2.
13
U.S. Constitution, Article III, section 2. This was not true in the English practice: even though impeachable offenses did not have to be “indictable crimes,” impeachment could be punished by death or imprisonment (Berger at 67). By contrast, the Constitution specifically provides that the sole punishments for impeachment and conviction are “removal from office, and disqualification to hold and enjoy” any other office of profit or trust with the United States. Article II, section 3.
U.S. Constitution, Article III, section 2. This was not true in the English practice: even though impeachable offenses did not have to be “indictable crimes,” impeachment could be punished by death or imprisonment (Berger at 67). By contrast, the Constitution specifically provides that the sole punishments for impeachment and conviction are “removal from office, and disqualification to hold and enjoy” any other office of profit or trust with the United States. Article II, section 3.
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