Starr Beefs Up Whitewater Prosecution Staff (6/20/97)
McDougal: Hillary May Join Me In Jail (6/11/97)
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High court soon to decide fate of first lady's notes
To protect, or not to protect, Hillary's confidence?
From CNN Correspondent Bob Franken
WASHINGTON (AllPolitics, June 22) -- The Supreme Court is expected to decide this week, and perhaps as early as Monday, whether to step into a confrontation between the Whitewater independent counsel and the first family.
The case has wide implications, particularly since it has little to do with Whitewater and everything to do with a principle of legal representation: attorney-client privilege.
At issue are notes taken by White House lawyers in confidential conversations with first lady Hillary Rodham Clinton. One of the conversations in question took place just after her unprecedented grand jury appearance.
A lower court agreed with Whitewater independent counsel Kenneth Starr that the usual secrecy privilege didn't apply in a criminal investigation because the lawyers worked for the government.
"White House attorneys are in a different category," Starr said. "They represent the government and, as such, represent the people."
The notes took on new significance when one judge described Starr as arguing that "Mrs. Clinton's testimony on issues under investigation 'has changed over time, or differs from that of other witnesses,' and that she is a 'central figure' in his investigation."
But legal experts say the case is also significant because it could determine whether officials can ever get confidential legal advice from government lawyers. CNN Legal Analyst Greta Van Susteren says it is important for the Supreme Court to take up the case.
"What happens is, if the White House looks the other way on this issue, that when the question arises again, even as to the president, as to government employees, they're going to say the issue was already resolved and you can't object to future notes," Van Susteren says.
If the court decides to hear the case, the issue won't be decided until at least the end of the year. If the justices refused to consider the appeal, Starr gets the notes.