The Ming Report

I WANT TO TALK TO MY LAWYER

June 2, 2004 - When Kenneth Starr compelled President Clinton to testify before a Federal Grand Jury it opened a can of worms to confound his successor. The majestic thing about the rule of law is that it is non-partisan. Rules that apply to a Democrat President apply with equal vigor to a Republican Chief Executive. There is a new Grand Jury investigating what may be a Federal crime unrelated to the President’s duty and their investigation seems to be edging toward George W. Bush. Edging so close, in fact, that the President has found it prudent to retain outside counsel to represent him in the matter. That is another lesson that the Starr investigation taught us. White House counsels aren’t covered by attorney-client privilege. White House counsels, or any other government paid attorney, can be hauled before the Grand Jury and compelled to testify as to their boss’s conversations. In light of that the President’s prudent course is to hire an outside lawyer.

The White House is playing coy on the question of whether the President has been summoned to appear before the Grand Jury dodging the question at today’s press briefing while acknowledging that the President had hired a lawyer. It is not fair to infer from that fact that the President has something to be worried about with respect to the Novak leak. He is not a lawyer and may be simply consulting with one to advise him as to Grand Jury procedure. He may be simply asking assistance in framing his testimony to carefully reveal the truth without revealing too much of it. What ever the reason his is employing a lawyer it is fair to infer that the Grand Jury has given him some reason to do so.

Without regard to the speculations that will immediately envelope the news that the President has hired a lawyer it is satisfying that the rabid pursuit of a Clinton scandal has risen up to bite his successor. It is especially ironic that the U.S. Attorney conducting the investigation is a rarity in politics, an incorruptible public servant, who was appointed by the President himself. Of course District Attorney Fitzgerald does, like the late Archibald Cox, serve at the pleasure of the President and, if directed to fire the prosecutor, it is unlikely that Attorney General Ashcroft would resign rather than carry out the order. That would of course be a political disaster. A second Saturday Night Massacre would insure the end of the Bush Presidency as surely as it was the beginning of the end of Nixon’s.

If Richard M. Nixon and Bill Clinton’s experiences taught us anything it is that the cover-up always gets you. Too many people know the truth and they are not always trustworthy or immune to pressure. It is better to get the facts out and admit your mistakes and hope the people will forgive and forget. The President should keep that it mind when he says, “I want to talk to my lawyer.”