Death of American Virtue - Ken Gormley [530]
Professor Rotunda: An expert in constitutional law, Rotunda had earlier been consulted by the elves in the Paula Jones case (they had kicked around his name as a possible candidate to argue Clinton v. Jones in the Supreme Court); he also had led a team of law professors in writing a “friend of the court” brief supporting Jones’s position (Memorandum Amicus Curiae of Law Professors, Jones v. Clinton, U.S. Court of Appeals for 8th Circuit, Nos. 95–1050, 95–1167 [Ronald D. Rotunda, counsel of record]; Ken Starr, interview by author). Rotunda now took the position that the Nixon situation was inapposite, since Bill Clinton had surrendered his constitutional authority to “control” this criminal prosecution by signing into law the independent counsel statute (Ronald D. Rotunda to Kenneth W. Starr [“Indictability of the President”], 20 July 1998, Starr personal papers, Outbox, F7, July 1997).
These signals of a potential: The New York Times took Ken Starr to task for again “meddling” with the impeachment proceedings and leaking sensitive information in an effort to influence the verdict. The paper declared that the Senate impeachment trial “was Mr. Starr’s cue not only to shut up but to stop any activity by his office that would direct attention away from the Senate [proceedings].” OIC issued a terse press release in which Starr denied leaking the story about indicting the president (Kenneth W. Starr, statement, 1 Feb. 1999, Kendall papers). Yet the talk of a criminal indictment was now in the air (“Ken Starr’s Meddling,” New York Times, 2 Feb. 1999).
One of the judges: Judge John D. Butzner, Jr., interview by author.
Tucked away in Butzner’s files: See Ken Gormley, “Court Must Do Its Duty in Starr Case,” Newsday, 9 July 1998, Butzner papers, University of Virginia.
Dale Bumpers had retired: Dale Bumpers, interview by author.
Unlike the House managers: Robert Dove, interview by author.
Paul Wellstone, Democrat from Minnesota: Dale Bumpers, interview by author.
Bumpers began by admitting: Senate video, 21 Jan. 1999; Congressional Record, 21 Jan. 1999; “The Impeachment Trial, Jan. 21: Bumpers Defends the President,” washingtonpost.com, 21 Jan. 1999.
“It was sawdust in the meatloaf”: Henry J. Hyde, interview by author.
A throng of senators: Dale Bumpers, interview by author. One senator who was not impressed was Majority Leader Trent Lott, who did his best not to grimace as Bumpers delivered his remarks (Trent Lott, interview by author).
When Bumpers returned to his home: Bill Clinton, interview by author.
That evening on the national news: Dale Bumpers, interview by author; John Chafee, interview, NewsHour with Jim Lehrer, PBS, 21 Jan. 1999.
which Byrd personally handed: Henry J. Hyde, interview by author.
Senator Byrd wrote: Robert C. Byrd, transcript of statement, NewsHour with Jim Lehrer, PBS, 22 Jan. 1999; Baker, The Breach, 335–36. The initial version of Byrd’s motion had included tough language condemning Clinton, almost as damning as the articles of impeachment. Many Democratic senators expressed misgivings. Byrd finally relented, amending his motion to read simply: “The Senator from West Virginia, Mr. Byrd, moves that the impeachment proceedings against William Jefferson Clinton, President of the United States, be, and the same are, duly dismissed” (Baker, The Breach, 351).
He had known all along: Trent Lott, interview by author.
At an emergency hearing: Baker, The Breach, 337–38.
“The whole issue”: Robert Dove, interview by author.
“We are not the British”: Trent Lott, interview by author. David Kendall, the president’s lawyer (interview by author), considered it “unthinkable” that he would permit Bill Clinton to walk into the Senate