In
August 1994,
Kenneth Starr was appointed by a three-judge panel to continue the
Whitewater investigation, replacing
Robert B. Fiske, who had been specially appointed by the
Attorney General, prior to the re-enactment of the
Independent Counsel law. Fiske was replaced because he had been chosen and appointed by
Janet Reno,
Clinton's Attorney General, creating an apparent conflict of interest.
David Hale, the key witness against
President Clinton in Starr's Whitewater investigation, alleged in
November 1992 that Clinton, while governor of
Arkansas, pressured him to provide an illegal $
300,
000 loan to
Susan McDougal, the partner of the Clintons in the Whitewater land deal.[3]
Hale's defense strategy, as proposed by attorney
Randy Coleman, was to present himself as the victim of high-powered politicians who forced him to give away all of the money.[26] This self-caricature was undermined by testimony from
November 1989, wherein
FBI agents investigating the failure of
Madison Guaranty had questioned Hale about his dealings with Jim and Susan McDougal, including the $300,000 loan. According to the agents' official memorandum of that interview, Hale described in some detail his dealings with
Jim Guy Tucker (then an attorney in private practice, later
Bill Clinton's lieutenant governor), both McDougals, and several others, but never mentioned
Governor Bill Clinton. Nor did Clinton's name come up when Hale testified at McDougal's
1990 trial, which ended in an acquittal.
Clinton denied that he pressured Hale to approve the loan to Susan McDougal. By this time, Hale had already pleaded guilty to two felonies and secured a reduction in his sentence in exchange for his testimony against Clinton from prosecutors. Charges were made by Clinton supporters that Hale had received numerous cash payments from representatives of the so-called
Arkansas Project,[3] a $
2.4 million campaign established to assist in Hale's defense strategy, and to investigate Clinton and his associates between
1993 and
1997.[3] These charges were subsequently the topic of a separate investigation by former
Department of Justice investigator
Michael E. Shaheen Jr.[27] Shaheen filed his report in July
1999 to Starr, who summarized the findings in that there was insufficient evidence of Hale having been paid in hopes of influencing his testimony, with such allegations being "unsubstantiated or, in some cases, untrue", and that no charges would be brought against Hale or Arkansas Project outlet
The American Spectator.[28] Writers from
Salon complained that the full, 168-page, unleaked report had not been made public, a complaint still being reiterated by Salon, as of
2001.[29]
The state prosecutors went ahead and signed an arrest warrant against Hale in early July
1996.
Criminal charges filed by the state prosecutors charged that Hale had made misrepresentations to the state insurance commission regarding the solvency of an insurance company that he had owned,
National Savings Life. The prosecutors also alleged in court papers that Hale had made those misrepresentations to conceal the fact that he had looted the insurance company. Hale said that any infraction was a technicality and that no one lost any money
.[30] In
March 1999, Hale was convicted of the first charge, with the jury recommending a 21-day jail sentence.[30]
Starr drafted an impeachment referral to the
House of Representatives in the fall of 1997, alleging that there was "substantial and credible evidence" that Clinton might have committed perjury regarding Hale's allegations.
Theodore B. Olson, who with several associates, launched the plan that later became known as the "Arkansas Project", wrote several essays for The American Spectator, accusing Clinton and many of his associates of wrongdoing. The first of those pieces appeared in
February 1994, alleging a wide variety of criminal offenses by the Clintons and others, including
Webster Hubbell. These allegations led to the discovery that Hubbell, a
Hillary Clinton friend and former
Rose Law Firm partner, had committed multiple frauds, mostly against his own firm. Hillary Clinton, instead of being complicit in Hubbell's crimes, had been among his victims. In
December 1994, one week after Hubbell pleaded guilty to mail fraud and tax evasion, Associate
White House Counsel,
Jane C. Sherburne, created a "Task
List" which included a reference to monitoring Hubbell's cooperation with Starr. Hubbell was later recorded in prison saying "I need to roll over one more time" regarding the
Rose Law firm lawsuit. In his next court appearance, he pleaded the
Fifth Amendment against self-incrimination (see
United States v. Hubbell).
In
February 1997, Starr announced he would leave the investigation to pursue a position at the
Pepperdine University School of Law. However, he "flip flopped" in the face of "intense criticism", and new evidence of sexual misconduct.
http://en.wikipedia.org/wiki/Whitewater_controversy
- published: 23 Feb 2014
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