Clinton on Trial
Is the Ninth Time the Charm?
As the House managers open the prosecution of the
president today, the real obstacle they face is not the absence of witnesses or
the dismal poll numbers. It is redundancy. Today's exhibition marks, by my
count, the ninth official presentation of the case against Clinton--the
ninth in less than three months, the ninth recounting of the same story, same
evidence, same charges. (The other eight are, in chronological order: 1) The
Starr report, 2) the supporting documents, 3) David Schippers' opening
presentation to the House Judiciary Committee, 4) Starr's testimony to the
committee, 5) Schippers' closing presentation, 6) the committee's final report,
7) the committee's presentation to the full House, and 8) the briefs filed this
week by the managers.)
Fortunately for Rep. Henry Hyde, R-Ill., and his
dozen co-managers, they have a captive audience. No matter how bored they may
be, the 100 senators will sit silently and listen (or at least pretend to) for
the three day opening argument. The guidelines for senatorial conduct
distributed yesterday make it very clear that perfect attendance and good
behavior are required of senators.
After the opening prayer--only in Washington does a
chaplain thank God for guiding senators to unity "in matters of
procedure"--Hyde takes to the podium in the well of the chamber. His opening
lines strike one of the main themes of the day: bald-faced flattery of the
Senate. Senators have criticized the House managers for being too pushy, but
Hyde & Co. are in full lickspittle mode. "We want you to know how much we
respect you as an institution," Hyde says. Later, manager Rep. Asa Hutchinson,
R-Ark., slobbers that he knows the case will be settled fairly because "I
believe in you. I have faith in the United States Senate."
Most of Hyde's brief statement addresses the
sanctity of the judicial oath, a favorite subject of his. He recounts the story
of Sir Thomas More, who chose to be beheaded rather than swear an oath he did
not believe. (Beheading--that's a novel alternative punishment .) Hyde also
introduces his fellow managers and recites their legal credentials. The most
remarkable fact here is that four of the managers served in the judge advocate
general corps--that is, they were military prosecutors. Military courts are
tougher on adulterers than are civil courts, making me wonder whether the
ex-JAGs may be inclined to judge the president more sternly than other
lawyers.
Rep. James Sensenbrenner, R-Wis., follows Hyde to
the podium for an hourlong outline of the House managers' case. It soon becomes
clear that the prosecution has chosen to embrace the ninth-time problem rather
than flee from it. Instead of trying to dazzle the Senate with something
new--which would be impossible because there isn't anything new--the managers
are practicing the Chinese water torture method of prosecution. Beat them
senseless with repetition. Sensenbrenner plods through the points everyone has
heard 1,000 times already. No man is above the law. The president's perjury in
the Paula Jones case--"a civil rights lawsuit"!--undermined the judicial
system. (Sensenbrenner mysteriously insists on calling Jones "Mrs. Paula
Jones.") Judges have been impeached for grand jury perjury, so is there going
to be one law for judges and one for the president? Perjury is a high crime
because it is as bad as bribery. The judicial oath is the foundation of
justice. There is a "cancer in the body politic," e pluribus unum , Teddy
Roosevelt, etc.
Sensenbrenner, who has a stupendous Wisconsin accent
and a tiny, pinched voice that sounds silly in such a beefy man, does not
dazzle. A cloud of fatigue settles on the chamber after 15 minutes. Sen. Joe
Biden, D-Del., issues the first yawn. Sen. Bob Graham, D-Fla., soon follows.
The few senators who are taking notes stop. During a break, Sen. Ted Stevens,
R-Alaska, tells reporters, "I'm taking these antibiotics. It's tough as hell to
stay awake." (Sen. Fritz Hollings, D-S.C., is wearing sunglasses--no doubt for
a medical reason--but he could be in full snooze for all anyone knows.)
Rep. Ed Bryant, R-Tenn., then offers a chronology of
the case. It is just as familiar and soporific as Sensenbrenner's presentation.
Bryant is succeeded, mercifully, by Hutchinson, who argues the case for
obstruction of justice. Congressional Democrats considered and rejected the
idea of trying to get Hutchinson removed as a manager on the grounds that his
brother Tim serves in the Senate. The Democrats may be regretting their
mistake. Asa Hutchinson, who may be the only Republican who emerges from
Flytrap with his reputation polished, is superb. He has a warm voice,
persuasive manner, and a gift for one-liners. (When he describes how Clinton
spent late December and early January desperately trying to ensure Lewinsky's
silence, Hutchinson mocks the president's current fave phrase, "The president
had some time to work. That work was not 'the business of the nation.' "
And Hutchinson's case for obstruction of justice is
frightfully cogent. He carefully explains how Clinton spurred witness Monica
Lewinsky to lie, coached potential witness Betty Currie to lie, found Lewinsky
a job in exchange for a false affidavit, got Currie and Lewinsky to conceal
gifts, and deceived Sidney Blumenthal and John Podesta so that they would lie
to the grand jury. His chronology of the White House cover-up in December 1997
and January 1998 is by far the best account of that so far. Hutchinson begs the
Senate to hear witnesses to confirm his obstruction of justice claims, and
after a presentation this good, I can't imagine that too many Republicans will
resist his pleas.
I leave the Senate just
as Rep. James Rogan, R-Calif., begins the final argument of the day. Outside
the Capitol I am accosted by a woman: "Tell everyone you know to face
God this year. It's the end times." Unfortunately, she's wrong. The House
managers will be presenting for two more days.
Illustration on the Table of Contents by Mark
Alan Stamaty.
