ML/NJRe: What We've Accomplished by Kenneth Starr (Oct. 20)
letter.editor@wsj.com
To the Editor: In regard to Kenneth B. Starr's Oct. 20 editorial page commentary "What We've Accomplished":
Kenneth Starr exhibits astonishing ignorance about the case he inherited from Robert Fiske, and then husbanded for five years.
He
Starrstates that, "Mr. Fiske, like any federal prosecutor, had the authority to take the investigation in whatever direction seemed promising." This is nonsense. Janet Reno issued a regulation to serve as Mr. Fiske's charter for his investigation.[The full text, as carried by the NY TIMES on 1/21/94, is appended as a postscript.]The regulation contains four sections. Each starts with the words, "The Independent Counsel: In re Madison Guarantee Savings & Loan Association." Each refers to "FEDERAL criminal law." (my emphasis) Mr. Fiske had no legal authority to investigate anything that occurred while Bill Clinton was President.Mr. Starr states that, "Fiske and his staff had been investigating cases of bankruptcy fraud, various tax matters, and apparent irregularities in the gubernatorial campaign." If this is true, there is little to show for it. Mr. Fiske issued two reports, both on the death of Vincent Foster, but otherwise there is no evidence that he did anything at all.
Of course there is little to show for Mr. Starr's own effort. He seems to want to blame this on Susan McDougal, as if she were the Rosetta Stone of every Clinton Scandal. But Susan McDougal was not there when Chinese funny money was being accepted, Billy Dale was being railroaded, FBI files were being abused, or Webbster Hubbell was receiving hush money. Starr wrote instead about Monica Lewinsky.
Oh, he issued another report on the death of Vincent Foster too. It was no better than the one that Fiske wrote which has been made public. (The other Fiske report remains curiously sealed.)[name]
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Text of Regulation on Jurisdiction of the Special Counsel
(from the NY Times 1/21/94)WASHINGTON, Jan. 20 - Following, is the Justice Department regulation that will serve as the mandate for Robert B. Fiske, who was appointed today to serve as independent counsel in the investigation into the Clintons' real estate investments. Mr. Fiske wrote the text, including the reference to the section of the United States Code on obtaining evidence or testimony from recalcitrant witnesses, and it was issued as a regulation by Attorney General Janet Reno.
(a) The Independent Counsel: In re Madison Guaranty Savings & Loan Association shall have jurisdiction and authority to investigate to the maximum extent authorized by part 600 of this chapter whether any individuals or entities have committed a violation of any Federal criminal law relating in any way to President William Jefferson Clinton's or Mrs. Hillary Rodham Clinton's relationships with (1) Madison Guaranty Savings & Loan Association, (2) Whitewater Development Corporation, or (3) Capital Management Services.----------------(b) The Independent Counsel: In re Madison Guaranty Savings & Loan Association shall have jurisdiction and authority to investigate other allegations or evidence of violation of any Federal criminal law by any person or entity developed during the Independent Counsel's investigation referred to above, and connected with or arising out of that investigation.
(c) The Independent Counsel: In re Madison Guaranty Savings & Loan Association shall have jurisdiction and authority to investigate any violation of Section 1826 of Title 28 of the United States Code, or any obstruction of the due administration of justice, or any material false testimony or statement in violation of the Federal criminal laws, in connection with any investigation of the matters described in part(a) or (b) of this section.
(d) The Independent Counsel: In re Madison Guaranty Savings & Loan Association shall have jurisdiction and authority to seek indictments and to prosecute any persons or entities involved in any of the matters referred to in part (a), (b) or (c) who are reasonably believed to have committed a violation of any Federal criminal law arising out of such matters, including persons or entities who have engaged in an unlawful conspiracy or who have aided or abetted any criminal offense.