Friday, May 27, 2016

The Search for Virtue in the Cathouse

Duquesne law professor Ken Gormley has a big book--The Death of American Virtue: Clinton vs. Starr -- with big aims. He describes the Starr-Clinton conflict in the 1990s in an effort to explain the events leading to the Whitewater investigation and Clinton's eventual impeachment. He believes this event pivotal in the development of the rift in Washington between the parties and why that rift persists. It is an ugly story. What both sides did here is eye-opening for its partisanship, its self-centeredness and its cruelty.
Here is a bit culled from an interview Gormley had with NPR:

The investigation of Bill Clinton began in January 1994, when Attorney General Janet Reno appointed special prosecutor Robert Fiske to head the Whitewater investigation. Fiske's appointment, Gormley writes, first "prompted universal praise ... among Republicans."
The praise lasted for several months — until Fiske wrapped up his criminal investigation within six months of his appointment. The short investigation, combined with Fiske's announcement that there was "no evidence that issues involving Whitewater, or other personal legal matters of the president or Mrs. Clinton, were a factor in [Vince] Foster's suicide," caused Republicans to declare Fiske "unfit for the job," Gormley writes.

When Congress decided to reauthorize the independent counsel investigation, the three-judge panel overseeing the independent counsel decided to replace Fiske with another attorney, Kenneth Starr.
Starr, Gormley says, "did as good a job as he could do [during Whitewater]. Certainly there were others around him eager to find wrongdoing and came together to produce a witch hunt. But I don't think Ken Starr was out to bring down Clinton."
Clinton, however, saw otherwise. "President Clinton believed from the start that this was nothing but a political witch hunt," Gormley says. "In his mind, they were out to get him because they wanted a regime change and were willing to go for broke."
In December 1997, Starr shut down the Whitewater investigation because of insufficient evidence. A month later, Linda Tripp called Deputy Independent Counsel Jackie Bennett and said she had taped conversions with Monica Lewinsky about an affair with the president.
The decision to move from Whitewater to Lewinsky, Gormley says, "altered Ken Starr's legacy as a prosecutor."

"There is no question that [Starr's office] had lost perspective," Gormley says. "Their job was not to get a person — it was to investigate. And there was such a lack of restraint on both sides, which ended up being bad for the country."

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