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NATIONAL AFFAIRS Clinton's BILL CLINTON: Looking to combat his Whitewater blues, the president made a flurry of spirited public appearances last week. NGRY AND DRAINED BY their campaign to force hearings on the Dem- gation for misuse of House funds. won a Whitewater. Bill Clinton ocratic majority. Associate Attorney Gen- hard-fought primary last Tuesday with A looked hard last week for an eral Webster Hubbell, Clinton's best friend Clinton's help and tried to return the favor emotional elixir. He found in Washington, resigned in a trail of ethics by rallying support on Capitol Hill. "This it in the Hogs. By making questions. Although Hubbell's problems president is popular." he told a meeting of the NCAA basketball tourna- are largely unconnected to Whitewater. his Democratic leaders. repeatedly punching ment, the University of Arkan- loss only added to the general sense of the air for emphasis. "He will stand by sas Razorbacks enabled Clinton to fulfill anguish and disarray. White House aides. you if you stand by him." But earlier every American boy's fantasy: not winning yearning for some relief. actually in the week he acknowledged the presidency. but appearing on the cover cheered Tonya Harding's plea that congressional hearings on of Sports Illustrated. He carried the maga- bargain. "Anything that knocks Stunned by Whitewater were "inevitable." zine around like a trophy, proud of the Whitewater off the front pages Although Rostenkowski picture that shows him gripping a basket- is considered good news around more bad backtracked later. he was only ball in one hand. "Can you believe I made here." one aide said. acknowledging political reality. the cover?" he said to a friend staying in Just as frustrating was the news, the The Senate voted to begin the the White House. "I palmed the ball my- conspicuous silence from most groundwork. with dates left un- self-that's not a trick photo!" congressional Democrats. The president certain. Rep. Jim Leach. ranking Clinton was grateful for diversion wher- president's most vocal support- minority member of the House ever he could find it. The bad news contin- er was Rep. Dan Rostenkow- tries to Banking Committee. will try to ued last week. Senior aide George Stephan- ski-embodiment of the club- use Thursday's session on the opoulos became the 11th top official to be by. old-stvle politics Clinton change the SE-L bailout as a Whitewater subpoenaed to answer questions related to came to Washington vowing to forum. He wants to discuss Whitewater Congressional Republicans. reform. The gruff Chicagoan. subject charges of political interference energized by Whitewater. made progress in himself under federal investi- in a federal probe of Madison 18 MARCH leak House HILLARY CLINTON: The First Lady found her own medicine in a trip to Denver to sell the White House health- care plan. Guaranty (page 20). the thrift once owned without a bridge to the Oval Office. The did you know it?'." Clinton recently told by James McDougal. the Clintons' partner resignation was handled through interme- aides. "I say, 'Who are these people and in the Whitewater home development. diaries. and the Clintons made no effort to what planet am I on?"" The New York Times opened another talk Hubbell out of quitting. an indication of Aides caucused for hours to debate front last week by reporting that Mrs. Clin- how serious his problems appear to be. precisely how Clinton should respond pub- ton made $100.000 in cattle futures in the Former partners at the Rose Law Firm in licly. Vice President Al Gore advised ad- late 1970s. based on advice from a top attor- Little Rock accuse him of overcharging the ministration surrogates to project calm ney for Tyson Foods. The report implied firm for personal expenses and setting up a reassurance. Clinton's political advisers that Tyson. the largest employer in Arkan- cozy billing arrangement for his father-in- urged combativeness. The consensus strate- sas, got state loans as a result. But the law's parking-meter company. Hubbell has gy could be called Operation Change the White House brushed off the story. denied any wrongdoing. Subject: move the Clintons out of their On a purely personal level, Hubbell's de- 'Utterly surreal': The latest events only White House bunker and demonstrate that parture was Clinton's worst news. Organi- deepened the Clintons' resentment of their they continue to care about "real" issues. zational charts listed him as number three treatment at the hands of political enemies Hillary went to Denver. to kick off a series at the Department of Justice. but he was and the press. "Totally demoralized" is of health-care forums. GIVE 'EM HEALTH. also Bill Clinton's closest friend. It was how one Arkansas friend described the HILLARY banners began showing up to Hubbell to whom the president turned for a couple. The president erupted in an in- drive the point. Bill did a town meeting in round of golf. a college football game on TV terview with Knight-Ridder newspaper re- New Hampshire. the site of his political or. in the old days. a quick drive from Little porters last week. delivering an eye-bulg- resurrection during the 1992 primary sea- Rock to Memphis for a slab of ribs. "It ing. finger-wagging tirade on the news son. "Bless you." he said to a woman who absolutely ripped his gut out for Webb to media's "frenzy." When not enraged. he's declared that Whitewater was for canoe- leave." savs an adviser. Hubbell's abrupt stunned by how "utterly surreal" his life ing At a Boston fund-raiser he pounded departure leaves the Justice Department in has become. as one aide put it. "These the lectern and shouted "no" nine times to disarrav and Attorney General lanet Reno people say. What did you know and when purctuate his charge that Whitewater is 19 NATIONAL AFFAIRS just another Republican ob- paid their taxes over the years, WHITEWATER METER struction to the domestic agen- and that it does not reflect da. Asked the next day about wrongdoing. Aides passed word his outburst, Clinton replied BACK TAXES: There's nothing trivial about the that the Clintons' personal legal with bizarre disingenuousness. First Family owing back taxes. in 1992, the Clin- team. headed by lawyer David "I was not angry. I was happy." tons paid back $4,000 for deductions Improp- Kendall. will show the Clintons Over the weekend, the Clin- enty written off their personal taxes that TRIVIAL CRIMINAL lost significantly less on White- should have been written off the taxes of the tons planned to try some humor water than the $69,000 they had at the annual Gridiron show, a Whitewater Corp. But It's still unclear how much more the Clintons claimed and that they owe back dinner sponsored by Washing- owe, and no evidence has surfaced yet of any Intent to underpay. To taxes and penalties. But the ton reporters. In a video pro- prove tax evasion, the government requires clear evidence of Intent. White House subsequently is- duced with the help of a "Satur- sued a statement that seemed to HILLARY'S BANK WORK: She shouldn't have rep- day Night Live" writer, the back away from the possibility resented Madison before a state regulator ap- First Couple will appear as of underpayment. "Harry and Louise," stars of the pointed by her husband. Still, It's not that sim- The Clintons have clearly commercials financed by insur- ple. A Junior Rose lawyer's brief asserting TRIVIAL CRIMINAL extended the life of the White- Madison's right to Issue preferred stock was ance interests opposed to the water scandal through exces- Clinton health plan. copied to Hillary as supervising attorney. The regulator sent back a sive secrecy and political mis- Clintonites say Rostenkow- "Dear Hillary" advisory, but the plan was never formally sought. judgment. One mistake may ski's victory showed that when Although she did nothing illegal, she should have kept more distance. have been underestimating re- Clinton focuses on issues like sidual public doubts about health care and jobs. he is still the president's "character"-a an asset to Democrats. "It tells members GOP debates Whitewater. "An ominous at- product of campaign episodes like Gennifer that [Whitewater] is not a political alba- mosphere of health-care conciliation has Flowers and revelations about his draft tross." says Clinton adviser Paul Begala. descended on the Capitol." Kristol wrote. history. The longer Whitewater lingers, the Ironically, one key GOP strategist argues Still, the administration's efforts to get more voters will be reminded that this is that it is the Republicans who have become past the story inevitably end up creating not the first time the Clintons tried to distracted by Whitewater. William Kristol more muddle. In a series of selective leaks, evade the truth. And the longer it will be of the Project for the Republican Future the White House had been preparing the before they can get back to governing. warned in a memo this week that Clinton's press and the public for the idea that ELEANOR CLIFT and Bos COHN health-care bill could slip through while the the Clintons may have inadvertently under- in Washington New Questions About Political Tampering is investigating and some Clinton supporters have a vague sense of dread, Bill N THE FIRST YEAR OF THE reputation for bureaucratic Office of Thrift Supervision and Hillary Clinton are hiding Clinton administration, two fumbling and badly drafted re- (OTS), also pushed unsuccess- something says an adminis- federal agencies looked into ferrals; that may explain the fully last year for an investiga- tration official who has been the Whitewater affair. Both decision not to follow up. But tion of Madison. McCormally subpoenaed don't investigations got nowhere. last September, RTC investi- "was told an investigation of know what bad it Last week new information gators drafted another, broad- Madison was just politically is. All that seems clear now is surfaced suggesting that some er referral, again naming the too hot to handle, and was told that the initial investigations of the obstacles investigators Clintons. By then, political ap- not to press for one," a knowl- were either botched-or encountered were political. pointees at the Treasury De- edgeable source close to the squelched. In late 1992, the Resolution partment tightly controlled OTS told NEWSWEEK. Now MARK HOSENBALL Trust Corporation (RTC) sent the leaderless RTC. Accord- special counsel Robert Fiske RICH THOMAS in Washington the Justice Department a 21- ing to agency sources, Roger page "criminal referral" on the Altman, the second in com- collapse of Madison Guaranty mand at Treasury, sent word Savings and Loan, the Arkan- that he wanted to be informed sas thrift run by James about politically sensitive McDougal, the Clintons' part- cases. Altman denied that last ner in Whitewater. The docu- week. But Treasury sources ment recommended an inves- conceded that at least five oth- tigation by Justice. It named er top departmental officials Bill and Hillary Clinton rode herd on the RTC. Anoth- as possible beneficiaries of er, general counsel Jean Han- alleged financial misdeeds son, briefed the White House by McDougal. but not as on the second criminal refer- targets of the criminal ral. A few weeks later. the investigation. chief RTC investigator. Jean After Clinton took office. Lewis. was abruptly taken off career officials at the Justice the case. Department decided not to act Another veteran investiga- on the referral. The RTC had a tor. Brian McCormally of the Treasury rode herd on the RTC: Deputy Secretary Altman 20 (Continued from page 341 But Hillary is one of the rea- owned by the McDougals and sons Gergen has failed to thrive. the Clintons - may have con- An incrementalist in all things. tributed to Madison's eventual he counseled compromise on failure. Congressional sources health-care reform to attract say Lewis encountered resist- GOP. support. and staved close ance from the RTC attorney re- to Rep. Jim Cooper. sponsor of viewing the referral and that a rival plan. As a Watergate sur- she believes it may have been vivor wary of drip-drip disclo- the result of outside pressure. sure. Gergen urged in January Sources say the new referral. that the Whitewater documents passed to the Justice Depart- be made public. The president ment in September 1993. again seemed to agree. but Mrs. Clin- mentions the Clintons as poten- ton objected. and she prevailed. tial beneficiaries of McDougal's Gergen's rehabilitation on activities. "Nightline" wasn't exactly a tri- But sources sav that the umph from his perspective. He debate within the RTC became has come to dislike his image as so heated that both Lewis spin doctor. In an October New and the agency attorney in- York Times Magazine story. he volved were removed from the DAVID GERGEN: A disappointed quest for a policy role talked about his "guilt" over case. Sources familiar with helping to turn politics into a the RTC's Kansas City office RICK public-relations game and how say her reassignment came in November Where Did he hoped to change that in the Clinton White 1993. That would put it shortly after House. But the author. Michael Kelly. ques- a series of White House contacts with tioned whether Gergen's mea culpa was just Treasury Department officials regard- ing the Madison probe now under investi- David Gergen another form of spin. Gergen was devastat- ed by the portrait of himself and he became gation by Fiske. even more determined to become a substan- Right now. evidence of political inter- Go Wrong? tive player. "He wants to be Jim Baker." says ference is strictly circumstantial. The a colleague. Baker. after all. rose from a RTC turmoil may be attributable to White House staff position to become secre- honest disagreements among bureaucrats. tary of state. If Leach doesn't deliver credible witness- Spin: A disappearing act It was impossible. Gergen wasn't taken es, it will only deepen voter suspicions that the whole affair is primarily parti- on Whitewater seriously as a policymaker. Aides snicker over how hard he fought to be listed as san blood sport. The NEWSWEEK Poll a member of the official delegation-not shows that 64 percent of Americans a communications adviser-on the presi- believe that politics are driving Whitewa- AVID GERGEN WAS HIRED LAST SPRING dent's recent trip to Europe. After the Soma- ter. Nearly three quarters think the White D to help Bill Clinton overcome the lia debacle. Gergen. at the president's House's preoceupation with the case is growing public impression that he was urging. sought a larger role in foreign at- diverting attention from important is- a bumbler. There was the controversy over fairs. National-security adviser Anthony sues like health-care and welfare reform. gays in the military. the failed appointments Lake resisted. believing another voice "What scares me is that we're going to and the infamous runway haircut. Gergen. a would diminish his own: Gergen backed off. put all our hopes into destroving the veteran of three GOP administrations and Lake jokingly rubbed his sweater sleeve president." savs GOP polltaker Frank the architect of Ronald Reagan's media im- against Gergen's arm last week and de- Luntz. "Republicans won't benefit unless age. promised to improve relations with the clared. "This is the only friction between us." they're seen as offering something better." press and to add luster to the public view of There was some tension after the arrival in But the White House has a the president. But as the Clin- December of New York lawver Harold Ick- long way to go before it can NEWSWEEK POLL tons became mired in Whitewa- es, a liberal Hillary ally. He and Gergen get itself heard again. For the ter and vulnerable to attacks circled each other warily for weeks before short term. the administration Who is most re- on health-care reform. Gergen they reached what Gergen calls "a level of faces a seriously diminished sponsible for the mysteriously disappeared from understanding and collegiality." But young- capacity to pursue its agenda. problems the view. Regarded with suspicion er White House aides see Gergen's journey Subpoenas. nightly news foot- White House has by Clinton loyalists. he was of renewal as narcissistic "Davidism" and his age of senior officials march- had dealing with the Whitewater squeezed out of the high com- West Wing office as a short stop on the way ing to the grand jury room and mand on both issues. He became case? to a big job. Gergen says he'll stay through the probability of congressional 14% Bill Clinton such a marginal figure that one this year's legislative season and then reas- hearings all stand in the way. White House aide suggested sess. He adds. partly in jest. "The best thing For too long, it regarded 12% Hillary Clinton stashing the garbage bags of for me psychologically and physically would Whitewater as a minor irritant. subpoenaed Whitewater mate- be to find a university with a good gym." Now it will pay the price for 11% Administra- rial in his office. He finally re- When Whitewater boiled over last week. tion aides that shortsightedness. emerged last week to defend the Gergen volunteered for TV duty. His ability BILL TURQUE with ELEANOR 14% Partisan Clintons on "Nightline." His to offer reassurance about the Clintons CLIFT. MARK HOSENBALL Republicans Boa COHN and HOWARD FINEMAN performance won him a hug reminded everyone including himself- 25% The media Washington GINNY CARROLL from Hillary and a standing why he was there Little Rock tion at a stati meeting 36 ethically wrong because it appears to be an investigation that Private Citizen wrong is circular reasoning. If the only Clinton would never have been entitled TRB thing wrong with these meetings is how to? What if Bernard Nussbaum had they appeared, that is an ethical fail- been the Clintons' private defense ure of the press, not of the Clinton lawyer and not White House counsel? administration. The job of journalists is Would these meetings then have been to bring appearances in line with real- verboten? In fact, the notion that offi- ity, not to bring reality in line with cials of federal agencies never meet with appearances. lawyers for potential subjects of their A small box in the March 6 New York investigations, or tell them the status of Times-the only serious effort I've seen such investigations, is simply mis aken FROM WASHINGTON to explain what was actually wrong with I spoke with several lawyers who have the meetings-cites two regulations of worked on both sides of federal crimi- the Resolution Trust Corporation (the nal investigations in the financial area I bank regulatory agency of which Deputy put to them the circumstances of the Altman is innocent Treasury Secretary Roger Altman was most controversial Whitewater meeting: acting head). "One requires that federal the September 28 briefing of Nussbaum employees work on matters in which the by Treasury general counsel Jean Han- Pardon me for asking, but what exactly government has an official interest." As son. Would it be unthinkable for a law- was wrong with those three meetings a general principle, that is unob- yer for a federal agency to meet between Treasury and White House jectionable. But as a case with the lawyer for a private officials over Whitewater? President against these meetings, it's a individual, and to inform Clinton has conceded that "it would be joke. Even if Whitewater the private lawyer that the better if the meetings had not was not a "matter of offi- matter he was concerned occurred," which (God knows) is be- cial interest," which is not about had been referred yond dispute. The White House also at all clear, we surely are to the Justice Department seems to have decided, no doubt wisely, not having this enormous for criminal proceedings that there is nothing to be gained by fuss over the possibility and that his client was even trying to defend the meetings' that Treasury officials were identified as a "potential propriety. But the question remains distracted from their official beneficiary" but not an whether there was anything actually duties for an hour or two. investigative target? improper about them, and the answer is "The second" apposite regula- They all agreed that, far from far from obvious. tion, according to the Times, "requires unthinkable, such situations arise all the To be sure, the Whitewater saga stinks that officials act with complete impar- time. The document itself. called a in many ways. The investigation may yet tiality. If, for instance, it is standard prac- "criminal referral,"-officially transfer- produce evidence of real wrongdoing by tice for regulators not to inform people ring the case from the agency to the Jus- the First Lady or even the president when cases are referred for criminal tice Department-is confidential. But himself. It is conceivable that conversa- inquiry, then it may have been improper investigators and prosecutors might tions took place in these meetings that for Treasury officials t.: have briefed have any number of reasons to hold a were illegal or unethical (Nussbaum to officials representing the Clintons." meeting and report the status of the Altman: "Roger, how badly do you want Here we get to the heart of the matter. case. It might be to start the process of to be treasury secretary. ?"), though Did Clinton, as a result of these meet- settlement, or to hear the other side there is absolutely no evidence that they ings, get some kind of unfair special informally, or just to let someone know did. But the mere fact that these meet- treatment? he's off the hook. Whatever. But there is ings occurred is what finally pushed the All these meetings were between gov- certainly no hard-and-fast rule against Whitewater story through some invisible ernment officials. The Clintonites such meetings. And the implication that media barrier into Watergate territory. claim-and there is no evidence to con- these particular meetings were part of And yet the media have been a bit tradict them-that the purpose of these some cover-up is unsupported by either casual about explaining what, if any- meetings was to help in the performance facts or logic. thing, was illegal or unethical about of official functions: dealing with press Watergate comparisons are every- them. inquiries and so on. There are all sorts of where. The Wall Street Journal referred The Washington Post editorialized that perfectly legitimate reasons for why the the other dav-in the news columns, the meetings were "conduct most first- White House might need to be aware of not on the editorial page!-to "a series year law students would immediately the status of criminal investigations. Did of meetings that recall President recognize as improper"-then, a few you know, for example-I didn't, until Nixon's widely condemned meddling days later, upped the ante to "impropri- the other day-that the Justice Depart- into the workings of independent agen- eties a child of 4 could have figured ment routinely reviews the guest lists for cies." Oh, please. Just one small corner out." I guess I'm a little slow. I guess I'm presidential social functions and alerts of Watergate involved a direct effort by also "boneheaded" (The New York Times) the White House if one of the guests is the president to punish critics in the for failing to see that such a "conclave" about to be indicted? Perhaps that is media by having the Federal Communi- is "improper on its face." improper, but it is traditional, and no cations Commission take away their It is not good enough to say, as some one has ever raised a fuss about it. licenses. (Watergate tapes, Nixon to have, that the meetings were wrong The difference about these Whitewa- John Dean: "The [Washington] Post is because they created "an appearance of ter meetings, of course, is that they going to have damnable, damnable impropriety." That is a familiar cop-out involved matters in which Bill and problems out of this one. They have a in ethical debates. How such things Hillary Clinton, as private individuals, television station.") appear, after all. is largely determined are entangled. Was President Clinton. Now that's what I call a cover-up. by the press coverage itself. To say that by dint of his official position, gaining some official action may be portrayed as access to information about the status of MICHAEL KINSLEY THE NEW REPUBLIC MARCH 28, 1994 Cutler had minimized the scandal in a January Washing- WHITE HOUSE WATCH ton Post oped piece, White House aides urged T.V. book- ers to pit him against the president's Whitewater critics. Cutler told me at the time he hadn't authorized this. Clinton's two Whitewater problems remain: the scan- dal itself and Hillary Rodham Clinton. The president is D desperate to show that Whitewater isn't Watergate. RIPS "There is a huge difference here," he said on March 7. "No. 1: we're not covering up or anything No. 2: no one has accused me of any abuse of authority in office No. 3: there is no credible evidence and no By Fred Barnes credible charge that I violated any criminal or civil fed- eral law eight or nine years ago when most of these facts or once Mack McLarty, the courtly White House that are being bandied around are discussed." Maybe F chief of staff, was more impatient than President not, but Whitewater has the trappings of Watergate: spe- Clinton. He and Clinton discussed a replace- cial prosecutor, shredding of documents, senior aides ment for Bernie Nussbaum on March 5, the day thrown overboard. appearance of a cover-up. after Nussbaum was canned as White House counsel. To refute the Watergate analogy, the White House The next morning, a Sunday, they talked again. mobilized the senior staff. With a negative press and McLarty wanted action. He called the president that hostile Republicans, a senior official says, "It would have afternoon and urged a decision-now. Twenty minutes been an enormous mistake for the administration to be later Clinton called back. He'd decided on Lloyd Cut- left without a spokesman." No chance of that. Clinton ler, the old Washington hand who had become close to aides dominated Sunday talk shows, the Monday morn- White House officials, first as mentor to Zoe Baird, Clin- ing news programs, even "Nightline" and "Larry King ton's failed nominee for attorney general, then as Live." Vice President Al Gore, on "Meet the Press," sug- defender of the president on Whitewater. McLarty gested Clinton is delighted with special prosecutor rousted Cutler out of the Kennedy Center matinee of Robert Fiske, who bombed the White House with sub- Verdi's Un Ballo in Maschera, an opera of political poenas. "There's a great deal of respect for Mr. intrigue set in Boston, and arranged to drop by Fiske and a willingness-indeed, an eager- the lawyer's Georgetown home. Cutler was ness-on the part of everyone in the White favorably inclined, so they drove to the House to comply fully and completely." White House at 7:30 p.m. to meet with What Gore implied-Clinton is the C'inton. McLarty couldn't stay. He rushed opposite of President Nixon, who fought off to dinner with Larry King of CNN. Cut- Watergate prosecutors-was made explicit ler staved behind, agreed to become spe- by Gergen, who worked in the Nixon dai counsel and two days later began work. White House. Then, "we also made the ter- This is known as the insider ploy. The idea rible, terrible mistake of refusing to comply is to quell a crisis by bringing on board a Wash- with various requests from legal authorities." ington veteran who knows the media and hobnobs he said. "In this case President Clinton has now with leaders of the opposition. The press will be reas- launched what I think is a very effective and aggressive sured. the opposition quieted. If the insider brings effort to comply with the special counsel." Gergen along some clever plans, all the better. This is Cutler's deftly disassociated himself from the true believers. "We second stint as White House savior. Jimmy Carter, in had a Whitewater team to deal with this. I was not part political trouble, summoned him in 1979. Ronald Rea- of that team." Gore did some distancing, too, saying he gan used the insider ploy as Iran-contra raged in 1987, hasn't grilled the Clintons on Whitewater. "I will readily replacing chief of staff Donald Regan with former Sen- acknowledge to you that I have not made it a practice to ate Majority Leader Howard Baker. Clinton used it last try to gather all the details about this matter." May, hiring David Gergen as counselor. The joke then Stephanopoulos reduced the scandal from Watergate was that the youthful White House staff needed some- proportions to a cheap partisan spat. On "Today," he one old enough to buy beer. declared Republicans "can't run on the economy. They The ploy usually works for a spell. But it's a bandage, can't run on health care They can't run on crime. So not a cure. Cutler might attract the spotlight for a few they're trying to exploit this issue." Political adviser Paul days, taking it off Whitewater. He's more politically adroit Begala's assignment wasn't clear. "The Clintons didn't than his predecessor, Nussbaum. And his presence in the have anything to do with the savings and loan that went Oval Office will make the president feel better. At the under," he told Larry King. (In truth, Hillary Rodham announcement of Cutler's hiring on March 8 (at age 76, Clinton was the lawver for the failed S&L, Madison Guar- he agreed to stay only 130 days), Clinton called him "a anty.) "They were just passive investors." (Rodham Clin- firm. uncompromising and steady hand." He made it ton built and sold a Whitewater model home.) On the sound like Cutler was his father, not his lawyer. Clinton suicide of deputy White House counsel Vince Foster, already knew Cutler was supportive on Whitewater. After Begala noted: "To the extent you can ever know the 12 THE NEW REPUBLIC MARCH 28. 1994 heart and soul and mind of a troubled person, you can observe his work (or even interview him) and make know that Whitewater was not on his mind at the time." him an offer to change his loyalties that he will have dif- (Foster was working on Whitewater the day of his death.) ficulty refusing. But unlike their counterparts in the pri- The Hillary problem is greater than the White vate sector, these recruiters do not ask a candidate to House lets on. Clinton responded with a non-denial de- give up his old job. Instead, they insist that he maintain nial when asked on March 7 about a Washington Times two positions simultaneously: one for his own govern- report that Rodham Clinton had ordered the shred- ment, and one for his new, secret employer. If the ding of documents in the Arkansas governor's mansion recruit does not have access to the needed material, his in 1992. The shredding came after The New York Times secret employer takes on the task of managing his published the first Whitewater exposé. "Law firms dis- career, providing him with "successes" in the form of pose of their documents all the time," the president cases and information so that he can rise to a level explained on March 7. That's true, but these weren't where he can be useful. As the CLA'S Soviet bloc division documents at the Rose Law Firm. They were docu- noted in 1973 about its capabilities at career-managing ments kept privately at home by Rodham Clinton. The a potential mole recruited at a foreign embassy: "We are newspaper said its three sources couldn't say if the doc- prepared to guide and assist him in his career, running uments were Whitewater-related. If they were and the him in place until he develops the access we need." shredding tale is true, she's in trouble. Yet while CIA officials have the utmost confidence in The president gave his wife a stirring defense, but it their ability to successfully mount such grand plots wasn't enough. She is embattled. The focus on White- against Russia, many of these same officials have been water, she told Elle magazine, "is a well-organized and unable to accept that the KGB has a similar capacity for well-financed attempt to undermine my husband, and conspiracy. These officials placed great faith in the CLA'S by extension, myself." That's paranoid. Reagan once lie-detector tests and other routine security procedures argued his enemies zinged his wife, Nancy, when he was and derided those who were skeptical of these their real target. But Rodham Clinton asserted the defenses-notably Angleton and his counterintelli- opposite: enemies were trying to get at her through gence staff-as "paranoid," indulging in "sick-think" or him. That's a new one. otherwise out of touch with reality. The Ames case It's also poor damage control. The Clintons' own demonstrates that such faith was misplaced. master of damage control, Gergen, plugged Rodham Clinton ("an honest woman") on "Nightline." But he he KGB clearly had the ability to compromise, and the president's wife have rocky relations, having dis- agreed on health care, naming à special prosecutor, etc. T recruit, career-manage, service and utilize Ames for an extensive period of time. Accord- "She and I can sometimes go at it," Gergen said. Her ing to FBI affidavits, Ames had been in illicit liai- allies hint Gergen is reluctant to defend her and the son with the Soviet intelligence service since at least president aggressively on Whitewater. They're right 1984-and, according to a former CIA counterintelli- about that. But who can blame him? gence executive, he may have been recruited much ear- lier. Moreover, he had been, while a Soviet mole, head of the CLA's Soviet counterintelligence unit. From this Rick Ames's connections. vantage point he could vet the secret information com- ing into the CIA from its own spies in Russia and tell the KGB what the CIA was learning. The implications of this case are far-reaching. To begin with, it casts new light on the intellectual prove- ON THE TEAM nance of the information supplied to the media by retired KGB officers. For example, Oleg Kalugin, who served as a major-general in the KGB until 1987, was cer- tainly in a position to know the KGB'S success in pene- trating the CLA. Yet he stated categorically in 1992 that By Edward Jay Epstein "no responsible politician or government employee was ever recruited by the Soviets in Europe or America in n considering Aldrich Ames's arrest as an alleged the last twenty years." Kalugin added that the KGB had so I Soviet mole-and the serious questions it raises little hard currency at its disposal that it had to open up about the CLA's past and future as an intelligence its archives to the foreign media and sell documents to service-I thought back to what James Jesus Angle- pay its operating expenses abroad. While this picture of ton, the agency's former chief of counterintelligence, KGB ineptitude and poverty has been welcome news once told me: "Think of espionage service as a highly inside the CLA, it hardly squared with the millions the KGB specialized employment service." Recruiters, he said, was paying to Ames to get leverage over CIA counterin- aim to find foreign government officials with legitimate telligence. access to secret documents. Up to a point, like conven- More important. Ames's work for the KGB calls into tional corporate headhunters, they consult biographical serious question the validity of the secret intelligence files to find a candidate to fill an opening; they then derived from Russia in the mid and late 1980s. Ames is 14 THE NEW REPUBLIC MARCH 28. 1994 NOTEBOOK M R. STAPLES'S PLANET: "I don't think Bellow's work is sufficiently tainted with anti-black attitudes W that it poisons his whole work." Tainted, we are to ISE MEN CAN JUMP: "If only Lloyd Cutler were infer, but not sufficiently tainted. This, according to alive. Wait a minute, he is alive. Get him on the The Boston Globe a few weeks ago, was how Cam- phone." It's easy to fantasize about the internal White bridge novelist Paul Buttenweiser explained his deci- House discussions that led to the hiring of Cutler to sion not to withdraw an invitation to Saul Bellow to replace White House counsel Bernard Nussbaum. appear as a guest at a Boston Library dinner. In his But one also wonders about the historical memory of own eyes, no doubt, Buttenweiser is a hero of political the aides who recommended him. As Washington's incorrectness; but with friends like this, a writer needs premier "liberal" lawyer, Cutler's specialty has been to no enemies. The political corrector, in this case, was get large corporations out from under the burden of Brent Staples, whose recent memoir, Parallel Time, regulations pro- recounts his posed by other years as a gradu- liberal lawyers. OKAY, I'M ate student at (For starters, he UNCOVERING the University of helped Ameri- THE COVERUP, Chicago, where, can car manufac- THEN YOU among other dis- turers dilute au- tinctions, he LET ME GO, to safety rules.) stalked Saul Bel- RIGHT Cutler is not a low. This from a crude influence- writer who re- peddler along sents the suspi- the lines of, say, cion of other Tommy Boggs; WHITEWATER people on the he prefers to street that he is snow opponents stalking them. with fancy legal "What would I arguments. But do when I as a hired gun caught him?" who has made a writes Staples, fortune off the with not quite liberal adminis- enough irony. trative state, he is "Perhaps I'd lift hardly a moral him bodily and beacon in the pin him against Whitewater fog. TOLES YOU MAY a wall. Perhaps Perhaps more 301994 THE NEWREPUBLIC DEARLY DEPART I'd corner him important, from on the stairs and Clinton's point of view, Cutler (like Nussbaum) is a take up questions about 'pork chops' and 'crazy buf- man with a political tin ear. In 1980, during his last faloes' and barbarous black pickpockets. I wanted to stint as White House counselor, he urged Jimmy Carter trophy his fear. I stalked Dorchester Avenue for (then facing Edward Kennedy's primary challenge) to months before I caught him out. Those "pork use the dedication of the JFK presidential library as the chops" and "crazy buffaloes" come from Humboldt's occasion for a lawyerly, point-by-point critique of Gift, where they are the awful appellations for black Kennedy's arms control record. (Carter ignored him people uttered by a tawdry little hood named Rinaldo. and delivered an encomium to JFK, which was a huge Not Bellow; Rinaldo. No, Staples doesn't come right success.) In 1987 Cutler advised Robert Bork to aban- out and call Bellow a racist, but when The New York don his long-held conservative convictions in order to Times Magazine excerpted his book the damage was save his Supreme Court nomination, an implausible done. Staples objects that Bellow's novels include move that backfired. Cutler also plotted and defended depictions of black male sexuality and violence; and he the wildly unpopular congressional pay raise of 1989 expresses this objection in a chapter that is itself rid- (insisting that members of Congress would still be dled with black pimps and black prostitutes, compared underpaid compared with major league baseball play- to whom Bellow's little menaces are quaint. "You had ers-an argument only a $500,000-per-year lawyer could to protect yourself in Bellow's presence," writes Sta- love). We could go on and on. Cutler is a very smart ples. In a city like Chicago it is grotesque to put a man, has and a very good lawyer. But if Clinton thinks he member of the Committee on Social Thought high on again. acquired a political miracle-worker, he should think the list of local dangers. Knowledge is supposed to be pursued. It is not supposed to be stalked. 10 THE NEW REPUBLIC MARCH 20. 1994 NEW THE REPUBLIC MARCH 28, 1994 SPEAK, HILLARY Among the president's high command, the realization has is not a formula for "putting Whitewater behind us." It is slowh set in: they have taken what was a minor irritant and a formula for vears of distraction, with periodic orgies of turned it into their own national nightmare. -The Washington Post subpeona-compliance as the press waits eagerly for the results of the investigation by Robert Fiske. Just when a Democrat seems on the verge of a success- There is a simpler and swifter way to get the facts out. ful, productive presidency, the Whitewater affair blos- There is no need to wait for Fiske. There is no need for soms. Can this really be a coincidence? The answer is yes, congressional hearings. The Clintons can take a few days it can. Whitewater is not simply what Hillary Rodham to meet with their lawyers and gather what evidence they Clinton recently told Elle magazine she thinks it is, can. Then they can hold a press conference. Let re- namely, a "well-financed attempt to undermine my hus- porters ask all the questions they want. Answer them. band by people who have a different political And then move on. Indeed, the press conference solu- agenda." Republicans didn't make the Clintons involve tion is so obvious that the Clintons' failure to hold one themselves with a sleazy S&L operator. They didn't force should itself be factored into the Tenth Planet theory. Rodham Clinton to make monev by representing clients A press conference featuring both Clintons would also before Arkansas state officials who owed their appoint- help resolve the troubling ambiguity in the status of the ments to her husband. (Or was it to Rodham Clinton First Lady. Until now she has tried to have it both ways, herself: Who knows?) The idea that this whole business playing a powerful, official public role but retreating is just partisan politics is one of the comforting defenses behind a traditional familial veil of privacy whenever the Clinton's supporters will have to abandon if they want to propriety of her actions is challenged. It is not anti- cool the capital's feverish anticipation of scandal. feminist to suggest that if Rodham Clinton wants the There are other false comforts. The most popular is power of a full-fledged politician she should behave like the notion that "the cover-up is worse than the crime." a normal politician, which means being accountable in True. press coverage of Whitewater has been driven by a public (not in Elle) if your integrity is put in doubt. When sort of Tenth Planet theory of investigative journalism. vice presidential candidate Geraldine Ferraro's integrity Just as astronomers detect the presence of unknown was challenged during the 1984 campaign, she faced the planets by observing their gravitational effect on sur- charges in a marathon press conference. Is Rod- rounding orbs. so reporters have divined a major scandal ham Clinton less capable than Ferraro? be observing the surprisingly fierce protective reaction Actually, there is a better precedent than the of the Clintons. But this astronomical method has its Ferraro press conference. It is the press confer- virtues. The Clintons' behavior may simply be the result ence with which President Jimmy Carter dis- of an irrational inclination to secrecy, or foolishly zealous patched the "Billygate" scandal in 1980. The lawvering, or staff incompetence. But maybe not. Some- breathless Washington Post quote at the beginning times guilty behavior is the product of guilt. We won't of this editorial was not written about Whitewater. It know until the facts come out. was written fourteen years ago, about Carter's troubles It's also true, as the Clintons' defenders note, that with his brother. Billygate, too, featured a febrile jour- even at their worst, the Whitewater facts won't amount to nalistic atmosphere with a lot of smoke, but not much anything impeachable, because (unlike Watergate) they fire. After a month of piecemeal revelations, Carter mainly concern actions the president took before he finally published a 13,000-word report (carefully labeled became president. But, at their worst, those actions as "not definitive"). He answered press questions for might be pretty sleazy-in effect, the sale of a governor's almost an hour. And the scandal, as a Post editor put it at power and influence for personal and political profit. the time, went "poof." Sleazy enough to cripple Clinton's presidency? We doubt By laying out the facts themselves. the Clintons may it. But, again, nobody can know until the facts come out. not be able to make Whitewater go "poof." But any So the facts must come out. But the current strategy of embarrassments they would reveal can't be large slow-motion revelation-let the special counsel do its enough to justify prolonging the administration's agony. job"-hardly serves the interests of the administration. It Can they: MARCH 28. 1994 THE NEW REP 9 ethically wrong because it appears to be an investigation that Private Citizen wrong is circular reasoning. If the only Clinton would never have been entitled TRB thing wrong with these meetings is how to? What if Bernard Nussbaum had they appeared. that is an ethical fail- been the Clintons' private defense ure of the press, not of the Clinton lawyer and not White House counsel? administration. The job of journalists is Would these meetings then have been to bring appearances in line with real- verboten? In fact. the notion that offi- ity. not to bring reality in line with cials of federal agencies never meet with appearances. lawyers for potential subjects of their A small box in the March 6 New York investigations. or tell them the status of Times-the only serious effort I've seen such investigations, is simply mistaken. FROM WASHINGTON to explain what was actually wrong with I spoke with several lawyers who have the meetings-cites two regulations of worked on both sides of federal crimi- the Resolution Trust Corporation (the nal investigations in the financial area. I bank regulatory agency of which Deputy put to them the circumstances of the Altman is innocent Treasury Secretary Roger Altman was most controversial Whitewater meeting: acting head). "One requires that federal the September 28 briefing of Nussbaum employees work on matters in which the by Treasurv general counsel jean Han- Pardon me for asking. but what exactly government has an official interest." As son. Would it be unthinkable or a law- was wrong with those three meetings a general principle, that is unob- yer for a federal agency to meet between Treasury and White House jectionable. But as a case with the lawyer for a private officials over Whitewater? President against these meetings, it's a individual, and to inform Clinton has conceded that "it would be joke. Even if Whitewater the private lawyer that the better if the meetings had not was not a "matter of offi- matter he was concerned occurred," which (God knows) is be- cial interest," which is not about had been referred yond dispute. The White House also at all clear, we surely are to the Justice Department seems to have decided, no doubt wisely, not having this enormous for criminal proceedings that there is nothing to be gained by fuss over the possibility and that his client was even trying to defend the meetings that Treasury officials were identified as a "potenial propriety. But the question remains distracted from their official beneficiary" but not an whether there was anything actually duties for an hour or two. investigative target? improper about them, and the answer is "The second" apposite regula- They all agreed that, far from. far from obvious. tion. according to the Times, "requires unthinkable. such situations arise all the To be sure, the Whitewater saga stinks that officials act with complete impar- time. The document itself, called a in many ways. The investigation may yet tiality. If. for instance, it is standard prac- "criminal referral,"-officially transfer- produce evidence of real wrongdoing by tice for regulators not to inform people ring the case from the agency to the Jus- the First Lady or even the president when cases are referred for criminal tice Department--is confidential. But himself. It is conceivable that conversa- inquiry, then it may have been improper investigators and prosecutors might tions took place in these meetings that for Treasury officials 1.: have briefed have any number of reasons to hold a were illegal or unethical (Nussbaum to officials representing the Clintons." meeting and report the status of the Altman: "Roger, how badly do you want Here we get to the heart of the matter. case. It might be to start the process of to be treasury secretary. ?"), though Did Clinton, as a result of these meet- settlement, or to hear the other side there is absolutely no evidence that they ings, get some kind of unfair special informally, or just to let someone know did. But the mere fact that these meet- treatment? he's off the hook. Whatever. But there is ings occurred is what finally pushed the All these meetings were between gov- certainly no hard-and-fast rule against Whitewater story through some invisible ernment officials. The Clintonites such meetings. And the implication that media barrier into Watergate territory. claim-and there is no evidence to con- these particular meetings were part of And vet the media have been a bit tradict them-that the purpose of these some cover-up is unsupported by either casual about explaining what, if any- meetings was to help in the performance facts or logic. thing, was illegal or unethical about of official functions: dealing with press Watergate comparisons are every- them. inquiries and so on. There are all sorts of where. The Wall Street Journal referred The Washington Post editorialized that perfectly legitimate reasons for why the the other dav-in the news columns, the meetings were "conduct most first- White House might need to be aware of not on the editorial page!-to "a series year law students would immediately the status of criminal investigations. Did of meetings that recall President recognize as improper"-then, a few you know, for example-I didn't, until Nixon's widely condemned meddling davs later, upped the ante to "impropri- the other day-that the Justice Depart- into the workings of independent agen- eties a child of 4 could have figured ment routinely reviews the guest lists for cies." Oh, please. Just one small corner out." I guess I'm a little slow. I guess I'm presidential social functions and alerts of Watergate involved a direct effort by also "boneheaded" (The New York Times) the White House if one of the guests is the president to punish critics in the for failing to see that such a "conclave" about to be indicted? Perhaps that is media by having the Federal Communi- is "improper on its face." improper, but it is traditional, and no cations Commission take away their It is not good enough to say, as some one has ever raised a fuss about it. licenses. (Watergate tapes, Nixon to have. that the meetings were wrong The difference about these Whitewa- John Dean: "The [Washington] Post is because they created "an appearance of ter meetings, of course, is that they going to have damnable, damnable impropriety." That is a familiar cop-out involved matters in which Bill and problems out of this one. They have a in ethical debates. How such things Hillary Clinton, as private individuals. television station.") appear, after all. is largely determined are entangled. Was President Clinton. Now that's what I call a cover-up. by the press coverage itself. To say that by dint of his official position, gaining some official action may be portrayed as access to information about the status of MICHAEL KINSLEY 4 THE NEW REPUBLIC MARCH 28. 1994 NATIONAL AFFAIRS The Unsink SOITTE adi ba HILLARY CLINTON: The First ROGER ALTMAN: Treasury ROBERT FISKE: His 10 quick MARGARET WILLIA Lady finally broke her silence deputy sees cabinet hopes slip subpoenas set a grim tone aide was the first st LEFT TO RIGHT WALLY McNAMEE FOR NEWSWEEK. MIKE STEWART SYGMA. JEFF MITCHELL SYGMA 30 NEWSWEEK MARCH 21. 1994 WALLY McNAMEE FOR NEWSWEEK STEPHEN IAFFE IB PICTURES able Scandal W T E W A E R W 0 ID VEN AFTER THE MOST HU- of the failed Arkansas S&L. "We have done miliating stretch of days in everything possible." complained one frus- the Clinton presidency-af- trated aide. "We agreed to a special coun- ter the parade of subpoenas, sel. We spent two days going through our the forced resignation of the trash. We submitted our top aides to the White House counsel, the Re- grand jury. What is there left for us to do?" publican charges of cover-up, By the weekend, a counteroffensive be- the spectacle of aides march- gan to emerge. It was led by the White ing into the federal courthouse to deliver House's most tenacious opponent of disclo- grand jury testimony-the White House sure on Whitewater, Hillary Rodham Clin- still simmered in an angry state of denial ton. In an interview with NEWSWEEK (page for much of last week. The president deliv- 35), the First Lady offered a disciplined and ered a podium-thumping defense of his high-minded reprise of the administration's First Lady ("I have never known a person line on Whitewater: that it was largely the with a stronger sense of right and wrong product of an overcharged press. the culture ") and then tried to soothe an of Washington and political ene- East Room assemblage of aides mies bent on distracting the ad- with an excerpt of children's A besieged ministration from its agenda. poetry from a book he once read But she also admitted that "I to Chelsea. White made mistakes," and conceded The administration offered that her own excessive concern up a series of what it hoped House with secrecy ended up fueling would be agenda-shifting speculation about wrongdoing. moves. Lloyd Cutler, 76-year- moves "I really have been pulled kick- old Washington wise man and ing and screaming to the conclu- former Carter White House from sion that if you choose to run for counsel. returned to his old post public office you give up any promising cooperation and dis- denial to zone of privacy at all." she said. closure on all fronts. Message In the same vein, she acknowl- merchant David Gergen. who counter- edged that the administration had been oddly absent as had erred in not being more Whitewater gained momentum offensive forthcoming after the suicide of (page 36), materialized on tele- Foster, her friend and former vision to concede that matters law partner. Mrs. Clinton said could have been handled more efficiently that in the end, Foster's demise will be but that the worst was over. Clinton also only the inexplicable tragedy of a man who tried to turn the page. "Just tell them what took his own life. "When all the wild sto- happened," he said, when asked what ad- ries and rumors and innuendo are finished, vice he gave to aides preparing to appear we are going to be left as we were with before the grand jury. "Answer the ques- Edwin Arlington Robinson's poem 'Rich- tions and go on. Be very open." ard Cory,' with an unanswered, very tragic But the initiatives all seemed to evapo- question," she said. rate in a political environment edged with On the substance of the Whitewater af- suspicion and paranoia. A rumor about the fair, however, Mrs. Clinton was unyielding suicide of deputy White House counsel in her position that neither she nor her hus- Vincent Foster, carried in an obscure news- band is guilty of wrongdoing. Her only real letter, was picked up by Rush Limbaugh misstep, she said, was a bad business deci- and sent the stock market tumbling (page sion made 16 years ago-investing in the ill- 32). A six-inch, 1,000-page pile of White fated northern Arkansas vacation-home de- House documents. delivered to special velopment. If she had it to do again, she counsel Robert Fiske under subpoena, only said, "I never would have participated in JAMS: Hillary's BILL CLINTON: He rallied the raised the possibility that numerous admin- the investment in the first place." staffer to testify troops with children's verse istration officials may have been inappro- The First Lady's new engagement with priately involved in a federal investigation the press, which probably will include a MARCH 21. 1994 NEWSWEEK 31 AHEAIRS prime-time television appearance this On the House side, a "theme team" of week, is the White House's most dramatic Republicans, led by red-hot polemicists signal yet that problems spawned by like Rep. Robert Dornan, is mounting a Whitewater have become impossible to ig- daily barrage of charges and innuendo am- Vince Foster nore. There was mounting evidence last plified by the conservative talk-radio cir- week that the affair is beginning to harm cuit. With the 1994 midterm election cycle the administration. A NEWS- underway, the GOP's House The Rumor WEEK Poll shows that only four NEWSWEEK POLL and Senate campaign commit- in 10 Americans have a favor- Is the Clinton tees are turning Whitewater able opinion of either Bill or administration into a centerpiece of their Hillary Clinton. A slim majority knowingly cover- fund-raising drives. "There's Media: From innuendo (52 percent) believe that the ing up informa- no good news in Whitewater White House is concealing in- tion about White- for the Democrats," says politi- to partisan gibes to formation that could be damag- water that could cal analyst Charles Cook. One be damaging to outright fantasy ing to the Clintons. GOP gambit last week fell flat. On Capitol Hill, the Repub- the president or Hillary Clinton? Eighty-one Republican House licans labored overtime to members charged that Mrs. OU CANT BELIEVE EVERYTHING deepen voter suspicions about 52% Covering up Clinton attempted to manip- 20% Not Y you read about Vince Foster. In Whitewater. "What did the ulate the value of health- some cases, you can't believe any president know, and when did covering up care stocks while she chaired of it. Last week rumors swirled Hillary tell him?" demanded THE NEWSWEEK POLL, MARCH 11. 1904 the presidential commission on from Washington to Wall Street New York Sen. Al D'Amato, health-care reform. The mem- and back again about the 1993 suicide of whose own shaky ethical back- bers' principal piece of evi- Bill and Hillary Clinton's White House ground-he was nearly ruined in the dence is Mrs. Clinton's holdings in a Little lawyer. The tabloid New York Post HUD scandals of several years ago-made Rock investment partnership. They alleged claimed that after Foster's death, adminis- him a dubious standard-bearer for the that James McDougal and the First Lady tration officials "frantically scrambled" to party's Whitewater crusade. The Republi- benefited from sensitive financial informa- remove from his office safe a previously cans, belatedly realizing their tactical error, tion about the portfolio. But William unreported set of files, some of them relat- changed players. By the end of the week, Smith, the president of Smith Capital Man- ed to the Whitewater affair. A financial Senate GOP leader Bob Dole had pushed agement, said that McDougal had no inter- newsletter published an even more sensa- Sen. William Cohen of Maine, clean-cut est in the partnership. "I've had zero con- tional-and equally unsubstantiated-re- and press-friendly, out front. tact with the McDougals. I've seen them on port that Foster's body had been moved from an apartment in Virginia to the subur- ban park where it was found. On his radio show, conservative blunderbuss Rush Limbaugh embellished that report just a bit; he said the newsletter "claims that Vince Foster was murdered in an apart- ment owned by Hillary Clinton." Foster's friends swatted down the ru- mors as fast as they could. One of his in- laws begged reporters to "back off. Get out of the zoo." But that didn't stop a flow of lip-smacking stories that left the White House on edge, and even unsettled the financial markets. Last Thursday, after Limbaugh's broadcast, stock and bond prices tumbled-the Dow dropped nearly 23 points-largely because of worries about Whitewater. Elaine Garzarelli, the highly regarded Lehman Brothers market analyst who predicted the 1987 crash, said that European traders were particularly spooked by the Foster case. "They were afraid Hillary Clinton was involved in a murder," she said. "They hate that." No, Hillary Clinton was not involved in a murder. In fact, there's still no credible evidence that Foster's death was anything but the depression-induced suicide that his family believes it to have been. Then why all the garish speculation? Partly because of the clumsy behavior of Foster's boss, for- mer presidential counsel Bernard Nuss- LLOYD CUTLER: Seeking a 'Cutler ALFONSE D'AMATO: He's seen ethics baum, and other White House staffers im- type,' Clinton got the man himself scandals from both sides now mediately after the suicide: leaving his LARRY DOWNING-NEWSWEEK WALLY McNAMEE FOR NEWSWEEK 32 NEWSWEEK MARCH 21. 1994 ter's Suicide: photographs taken by investi- gators. It said the "grim and graphic" pictures-most of which were not shown on r Mill Churns the air-dispelled speculation that there was little blood around the body. A close-up of Foster's hand showed his office unsealed and spiriting documents o thumb still resting on the trig- away. Partly because of the enigmatic note ger of the revolver that had that Foster left behind-unsigned, ad- fired into his mouth, with dressed to no one, torn into pieces- what ABC said were powder lamenting his own "mistakes" burns visible on the hand. The and the poisonous atmosphere network said it had seen a of Washington, where "ruining USIVE NEW YORK POST INVESTIGATION medical examiner's report in IING people is considered sport." DOUBTS RAISED OVER which "the burns and other C. In Partly because the Whitewater gunpowder residue are listed any affair, one of the items on his rled FOSTER'S 'SUICIDE' as primary evidence that Fos- desk, has resurged so dramati- ter shot himself." reet cally. And partly because many Why was he still holding the gun THE FOSTERS: A 'hideaway'? The stories le of people in the news media sim- Why so little blood? Vince and that Foster had a "safe house" ouse ply won't let Foster rest. Lisa before the in Virginia seemed even thin- Post Some of the stories are noth- election, in ner. On Wednesday, the John- inis- ing more than the cut and thrust of respon- a strident son-Smick report, an obscure to sible news coverage. But all along, others headline, financial newsletter with ties usly have seemed determinedly partisan. There elat- holding the to the Republican Party, said is continued grumbling from The Wall fatal the office of Sen. Daniel cial Street Journal editorial page, whose sting- weapon in a Patrick Moynihan was "put- nsa- ing criticism apparently contributed to Fos- picture ting the word out that Fos- -re- ter's depression ("WSJ editors lie without shown by ABC ter in fact committed suicide ved consequence," he complained in his note). in a private apartment in Vir- our- There's a steady stream of innuendo from dio ginia." Moynihan's office la- conservative New York Times columnist death might not have been suicide spread ush beled the report "breathtakingly untrue." William Safire, who implied at one point like a bad odor. Roger Ailes, the former Then the New York Post claimed that st a that "intelligence matters" might have had Republican campaign consultant who is that Foster had shared a "secret apartment something to do with the suicide. And on now president of the CNBC cable TV hideaway" in Virginia with other Clinton art- another level entirely, there is the florid network, suggested in a radio interview insiders. But a rival tabloid, the New hype and fantasy of the tabloids, designed with Don Imus that Foster's death could York Daily News, which appears to be ru- more to entertain than inform. Some of the have been murder. Right-wing televangel- receiving leaks bearing out the adminis- in- most raucous of those excesses have come ist Pat Robertson devoted a segment of tration's version of events, said Foster out from overseas. In Britain, Rupert Mur- his "700 Club" show to the subject. "Sui- of only considered renting a Virginia apart- doch's Sun claimed, three days cide or murder? That's the om- ment when he first came to Washington; nite after the suicide, that Foster NEWSWEEK POLL inous question surfacing in the instead, he stayed with relatives until his the had a "deep personal friend- Whitewater swell of contro- family arrived. fter ship" with Hillary Clinton. Regarding the death of White versy concerning Vincent Fos- nd Still, legitimate questions about Foster's Blood loss: Last week one of trly House aide Vincent ter's mysterious death," he death remain unanswered. Assuming he the more overwrought Ameri- ies Foster, do intoned. did kill himself, why did he do it? It wasn't can tabloids, the New York you think: Another major source of clear that the note he left behind was the Post, charged that investiga- 11% It was a sui- the rumors was conservative ket meant to be an explanation. If his suicide tors "never took a crucial cide for reasons activist Floyd Brown and his aid was an act of private despair, why did the crime-scene photo of Vincent that have been Citizens United group, which White House urgently remove documents rly Foster's body before it was pretty well feeds information to the news from his office-and then accept the scruti- ere moved" out of the park where explained? media and some Republicans. ny of an independent counsel, rather than a it had been discovered. The 47% It was a sui- Brown employs a full-time in- make the papers public? Exactly what per- tabloid, which has begun to put cide for reasons vestigator named David Bossie in sonal business was Vince Foster doing for quotation marks around the still not fully to dig up dirt on Clinton. Last ble the Clintons at the time of his death? Why word "suicide" in stories about explained? week Brown claimed to have weren't police and medical reports on his ng Foster, also asserted that "lit- 15% It was not "new clues that suggest Foster his death made public long ago? The adminis- tle blood loss" was evident at a suicide? did not commit suicide." hy tration isn't answering any of those ques- the scene-which could be tak- FOR THIS NEWSWEEK But the foul-play stories of tions in public. And as long as it hunkers en as a sign that the fatal shot POLL, PRINCETON SURVEY RESEARCH ASSOCIATES didn't stand up. Last Friday, down behind its stone wall, the rumor- or- was fired into Foster's head INTERVIEWED 604 ABC News, which apparently SS- somewhere else. ADULTS BY TELEPHONE mongers are free to exercise and exploit MARCH 11. 1994 THE MAR- had been fed by the adminis- their lurid imaginations. È Partisan, if not downright GIN OF ERROR IS */ 5 PER- is CENTAGE POINTS. SOME tration, said it had inspected a RUSSELL WATSON with malicious, speculation that the RESPONSES NOT SHOWN. gruesome set of crime-scene THE NEWSWEEK POLL MARK HOSENBALL in Washington © 1994 BY NEWSWEEK. INC. PHYLLIS BRANDON DEMOCRAT-GAZETTE MARCH 21, 1994 NEWSWEEK 33 ABC NEWS (BOTTOM) AFFAIRS TV. but that's it." He added that the Clintons stopped re- TELL AGNEW cover federally insured depos- its lost by insolvent S&Ls-had ceiving information on the part- THE STOP virtually written off any fur- nership after March 1992. Their ther criminal investigation of assets have since been placed TRUTH THE LIES Madison. But in March 1992. in a blind trust. Smith. a Repub- The New York Times published lican. is angry at what he says is its account of McDougal's rela- a reckless partisan charge. tionship with the Clintons. "Here we have 81 U.S. repre- which included the ill-fated sentatives. They represent us. Whitewater partnership. The They're supposed to have some IT'S ETHICS, story's implication was that sense of justice," he said. "But McDougal had offered the they made not one phone call to politically powerful couple a check and see if their informa- tion might not be false." STUPID! sweetheart land deal in ex- change for favorable regulatory Meanwhile. the White House treatment for his banking in- still faces the inevitable pros- terests. The RTC decided to pect of congressional hearings have another look, and put on Whitewater. The NEWS- Lewis in charge of the renewed WEEK Poll shows that a small investigation. majority of the public-52 per- THE POLITICAL TOLL: Partisan critics took on a more strident By the summer of 1992, cent-would like to see them. tone, and some protesters gathered in Washington according to sources, the RTC's Fiske secured a partial vic- Kansas City office had com- tory last week, when Senate CHARLES TASNADI-AP piled a 21-page report targeting GOP leaders agreed to hold off until after Mo., field office, is expected to offer de- McDougal and his wife, Susan. for crimi- June 1, giving him time to wrap up at least tailed testimony about her disputes with nal investigation. Agency sources say the White House phase of his investigation. agency officials. that the Clintons were not named as inves- But the administration faces the immediate Lewis, who would not return phone calls tigative targets. but were nevertheless problem posed by the House Banking last week, is a key figure in the Madison mentioned as potential beneficiaries of Committee. where Republicans want to investigation. The story begins in 1990, possible illegal acts by the McDougals, turn next week's routine hearing on sav- when McDougal was acquitted on federal including the draining of Madison ac- ings and loan regulation into a Whitewa- bank-fraud charges that grew out of Madi- counts. A summary of the report reached ter forum. The panel's ranking minority son's 1989 failure. At that point the RTC- top officials at the Justice Department member, Rep. Jim Leach, released a list of created by the Bush administration to re- in early October 1992, but the Bush admin- 40 potential witnesses that istration-already under fire reads like a who's who of WHITEWATER METER for charges that State Depart- Whitewater. from James and ment officials had tampered Susan McDougal to a Rose This week, NEWSWEEK installs a meter to help gauge Whitewater rushing by. with Clinton's passport file- Law Firm courier who alleged What looks trivial now may look criminal later-and vice versa: elected to ignore a matter last week that documents be- bound to cause more trouble longing to Vincent Foster were 5 SHREDDING: Shredding at law firms is routine. And on the eve of a presidential destroyed after Fiske had an- the Rose Law Firm shredders say they saw nothing election. nounced that he would be re- about Whitewater in the old documents they say The case sat in the Jus- viewing Foster's death. TRIVIAL belonged to Vincent Foster. Plus, it seems unlikely tice Department's criminal di- Leach will face a fight from CRIMINAL that in a genuine cover-up a 20-year-old courier vision through the transition to Democratic Banking chairman would be enlisted to destroy evidence. But given Foster's suicide, why the Clinton administration. In Henry Gonzalez. who will at- were any of his files destroyed? Anonymous sources claim that Hillary March 1993. attorneys conclud- tempt to bar Whitewater ques- Clinton herself ordered shredding in 1992. If she did, the meter will move. ed that the matter did not war- tions. But if the hearing does rant investigation, but left the come off. it could raise new 5 6 RTC BRIEFINGS: Two briefings were merely improp- final decision to federal prose- questions about political inter- er; one looks like something worse. On Sept. 29, 1993, cutors in Little Rock, who ference in the federal investiga- Treasury general counsel Jean Hanson told White quickly concurred. But it was tion of Madison Guaranty. several months before the RTC Leach charged last week that TRIVIAL CRIMINAL House counsel Bernard Nussbaum that the Clintons would be named as beneficiaries of possible illegal investigators in Kansas City investigators in the Resolution activity at Madison Guaranty S&L. Unlike the later meetings, that early learned of Justice's decision Trust Corporation (RTC) were heads-up suggests political involvement in a legal proceeding. But there's to bounce the referral. In "gagged and possibly coerced" no evidence right now that the White House tried to block a probe. the interim, an RTC source by agency lawyers who want- says, Lewis and others con- ed to delete mention of the 5 HILLARY'S STOCKS: This one looks like pure partisan- tinued to gather information Clintons from documents rec- ship. Although the Clintons should have put their for a new, expanded criminal ommending the Madison case holdings into a blind trust earlier, it's hard to imag- referral. to the Justice Department ine that Hillary knew one of her investment funds This time, according to con- for possible criminal action. TRIVIAL CRIMINAL was selling a few health-care stocks short before gressional and RTC sources. Leach refused to elaborate. But her attack on drug companies. Besides, the fund lost more on health Lewis had collected infor- NEWSWEEK has learned that stocks it held. Lawmakers making a stink routinely vote on health issues mation suggesting that the Jean Lewis, a criminal investi- without divesting. Whitewater land venture-co- gator in the RTC's Kansas City, (Continued on page 36) 34 NEWSWEEK MARCH 21. 1994 You uttered the magic phrase "mistakes Hillary: 'I Made Mistakes' were made." Do you regard yourself as hav- ing been responsible for any of those? Oh, sure. Hindsight's always 20-20. I nev- Interview: Reflections on some missteps er would have participated in the invest- ment in the first place. Of course, I would have tried to get everybody to focus on it sooner and earlier to try to deal with. So I think that of course I made mistakes. W ITH QUESTIONS ABOUT HER ROLE in Whitewater threatening to de- That's part of the learning process you go rail her husband's agenda, Hillary through when you've never been accused Rodham Clinton agreed to an interview of doing anything wrong before. as long as it did not touch on specific issues before a grand jury. She spoke with So, if there was nothing wrong, why were NEWSWEEK'S Eleanor Clift in the White you so resistant to making records public? House last week. Excerpts: My theory is that you have a thing about privacy. NEWSWEEK: You came to Washington a gen- I have a big thing about it. I really have eration ago as a member of the Watergate been pulled kicking and screaming to the committee. Now your counterparts are conclusion that if you choose to run for working for Fiske. Do you see irony in that? public office you give up any zone of pri- CLINTON: Oh, I don't think there's any vacy at all. I get my back up every so often comparison. I think that the idea that about even having to answer questions there is is way overblown and should be that I don't think are in any way connect- debunked easily if anybody looks at his- ed with the fact that my husband is in tory and what was at stake in the whole public life. That's what's going to be con- Watergate investigation. cluded about all this- people are going to spend millions and millions of dollars and I guess the only thing I see comparable is they're going to conclude we made a bad that a lot of people want to launch careers land investment. based on finding something. Well, you can't control that. We don't FIRST LADY: 'If you run for public The attacks against you are really about worry about the outcome anyway. We office you give up any zone of privacy' more than Whitewater. They really go to the want the special counsel to do his job as whole role that you're taking on and wheth- soon as possible so that we can get this off ROBERT TRIPPETT- SIPA er you can be the spouse of a president and the country's radar screen and get on with In trying to look at how this mess reached a policymaker. what my husband is trying to do for the this level, it seems as though Vince Foster's People have been doing that to women in country. death has a lot to do with it. Do you see a this position since Martha Washington. I connection there? was not the first to testify before a con- Sometimes those investigations take on a I don't know. I think that mistakes were gressional committee, I was not the first life of their own. Fiske has taken out a lease made along the way in handling this. I to be criticized by the press, I was not the for three years in Little Rock. have learned a lot about the needs of the first to have issues that I was involved in I don't know what he's going to be doing media and how they kind of make stories questioned or attacked. I look at what was for three years, but obviously we want important. I suppose that in today's at- said about Eleanor Roosevelt. There's al- him to do his work and do it as expedi- mosphere any unanswered questions are ways the possibility that no matter what tiously as possible. going to be grist for the mill. you do you're going to be criticized. I do I've tried to learn a lot about suicide think that the fact that I am involved in an You present a rational face to the world. and particularly about depression ever issue [health care] of such magnitude with How angry are you, about the way this has since Vince's death-a lot of us here in so many interests at stake has raised the mushroomed from a little land scandal the White House have. We've passed visibility of my role and has caused some It's not even a scandal-it's not a scandal. around books. We don't have any an- to question it for their own purposes. A failed land transaction. swers either. But we don't presume to try to make up answers. I just want this to be This White House has a different style than into an allegation that you and your put to rest for his family's sake and for the what the city is used to. husband are corrupt? sake of all of us who were his friends. It is I think that we have one of the most colle- I'm very sad about it. But I extremely painful to have this gial, supportive White House environ- also have a full life to live. I'm NEWSWEEK POLL used as a political football by ments I have ever read about. Does that still my husband's wife, I'm What is your people. It is really unfair to mean everybody agrees with everybody still Chelsea's mother. I'm still opinion of Hillary his family particularly. But I else 100 percent of the time? Absolutely involved in a lot of other activ- Clinton? guess I now understand why, not. In fact, the president wouldn't want ities that are important to me CURRENT in the face of a tragedy, some us around if that were the case. and my family. So I don't real- 38° Favorable people will want to make up ly get the luxury of expending Unfavorable their own answer because Edward Bennett Williams used to say that too much energy being angry 2/94 they can't deal with what Washington likes to burn a witch every with people who are being un- 50% Favorable are often life's unanswerable three months. fair and untruthful. Unfavorable mysteries. I think that's right. THE NEWSWEEK POLL MARCH 11. 1994 MARCH 21. 1994 NEWSWEEK 35 (Continued from page 34) But Hillary is one of the rea- owned by the McDougals and sons Gergen has failed to thrive. the Clintons-may have con- An incrementalist in all things, tributed to Madison's eventual he counseled compromise on failure. Congressional sources health-care reform to attract say Lewis encountered resist- GOP support, and stayed close ance from the RTC attorney re- to Rep. Jim Cooper, sponsor of viewing the referral and that a rival plan. As a Watergate sur- she believes it may have been vivor wary of drip-drip disclo- the result of outside pressure. sure, Gergen urged in January Sources say the new referral. that the Whitewater documents passed to the Justice Depart- be made public. The president ment in September 1993, again seemed to agree, but Mrs. Clin- mentions the Clintons as poten- ton objected, and she prevailed. tial beneficiaries of McDougal's Gergen's rehabilitation on activities. "Nightline" wasn't exactly a tri- But sources say that the umph from his perspective. He debate within the RTC became has come to dislike his image as so heated that both Lewis spin doctor. In an October New and the agency attorney in- York Times Magazine story, he volved were removed from the DAVID GERGEN: A disappointed quest for a policy role talked about his "guilt" over case. Sources familiar with helping to turn politics into a the RTC's Kansas City office RICK BLOOM-SABA public-relations game and how say her reassignment came in November Where Did he hoped to change that in the Clinton White 1993. That would put it shortly after House. But the author, Michael Kelly, ques- a series of White House contacts with tioned whether Gergen's mea culpa was just Treasury Department officials regard- ing the Madison probe now under investi- David Gergen another form of spin. Gergen was devastat- ed by the portrait of himself and he became gation by Fiske. even more determined to become a substan- Right now, evidence of political inter- Go Wrong? tive player. "He wants to be Jim Baker," says ference is strictly circumstantial. The a colleague. Baker, after all, rose from a RTC turmoil may be attributable* to White House staff position to become secre- honest disagreements among bureaucrats. tary of state. If Leach doesn't deliver credible witness- Spin: A disappearing act It was impossible. Gergen wasn't taken es, it will only deepen voter suspicions that the whole affair is primarily parti- on Whitewater seriously as a policymaker. Aides snicker over how hard he fought to be listed as san blood sport. The NEWSWEEK Poll a member of the official delegation-not shows that 64 percent of Americans a communications adviser-on the presi- believe that politics are driving Whitewa- AVID GERGEN WAS HIRED LAST SPRING dent's recent trip to Europe. After the Soma- ter. Nearly three quarters think the White to help Bill Clinton overcome the lia debacle, Gergen, at the president's House's preoccupation with the case is growing public impression that he was urging, sought a larger role in foreign af- diverting attention from important is- a bumbler. There was the controversy over fairs. National-security adviser Anthony sues like health-care and welfare reform. gays in the military, the failed appointments Lake resisted, believing another voice "What scares me is that we're going to and the infamous runway haircut. Gergen, a would diminish his own; Gergen backed off. put all our hopes into destroying the veteran of three GOP administrations and Lake jokingly rubbed his sweater sleeve president," says GOP polltaker Frank the architect of Ronald Reagan's media im- against Gergen's arm last week and de- Luntz. "Republicans won't benefit unless age, promised to improve relations with the clared, "This is the only friction between us." they're seen as offering something better." press and to add luster to the public view of There was some tension after the arrival in But the White House has a the president. But as the Clin- December of New York lawyer Harold Ick- long way to go before it can NEWSWEEK POLL tons became mired in Whitewa- es, a liberal Hillary ally. He and Gergen get itself heard again. For the ter and vulnerable to attacks circled each other warily for weeks before short term. the administration Who is most re- on health-care reform, Gergen they reached what Gergen calls "a level of faces a seriously diminished sponsible for the mysteriously disappeared from understanding and collegiality." But young- capacity to pursue its agenda. problems the view. Regarded with suspicion er White House aides see Gergen's journey Subpoenas, nightly news foot- White House has by Clinton loyalists, he was of renewal as narcissistic "Davidism" and his age of senior officials march- had dealing with the Whitewater squeezed out of the high com- West Wing office as a short stop on the way ing to the grand jury room and case? mand on both issues. He became to a big job. Gergen says he'll stay through the probability of congressional 14% Bill Clinton such a marginal figure that one this year's legislative season and then reas- hearings all stand in the way. White House aide suggested sess. He adds, partly in jest, "The best thing For too long, it regarded 12% Hillary Clinton stashing the garbage bags of for me psychologically and physically would Whitewater as a minor irritant. subpoenaed Whitewater mate- be to find a university with a good gym." Now it will pay the price for 11% Administra- rial in his office. He finally re- When Whitewater boiled over last week, tion aides that shortsightedness. emerged last week to defend the Gergen volunteered for TV duty. His ability BILL TURQUE with ELEANOR 14% Partisan Republicans Clintons on "Nightline." His to offer reassurance about the Clintons CLIFT. MARK HOSENBALL. BoB COHN and HOWARD FINEMAN performance won him a hug reminded everyone-including himself- 25% The media in Washington and GINNY CARROLL from Hillary and a standing ova- why he was there. THE NEWSWEEK POLL, in Little Rock MARCH 11. 1994 tion at a staff meeting. ELEANOR CLIFT 36 NEWSWEEK MARCH 21. 1994 NATIONAL AFFAIRS A Whitewater Bill Clinton Hillary Clinton A former partner with A former Whitewater and Hillary and the Rose partner. she has been Portrait Gallery McDougals in Whitewater criticized for representing Development Corp., an Jim McDougal's Madison unsuccessful vacation- The Whitewater investigation has focused Guaranty before a state home development in the regulator appointed by her on a circle of Bill and Hillary Clinton's Ozarks. The Clintons sold husband. Once also invol- political allies and business associates. their interest in late 1992. ved in a controversial legal case with Dan Lasater. THE ADMINISTRATION THE PROSECUTOR THE TREASURY/RTC Harold Ickes Bruce Lindsey Vince Foster Bernard Nussbaum Robert Fiske Roger Altman The deputy chief of Senior adviser learned of A former Rose partner White House counsel A Republican prose- The deputy Treasury staff and Whitewater Madison criminal referral and deputy White House resigned under pressure cutor with a reputation secretary and acting damage-control from Nussbaum: Clinton counsel. His suicide in two weeks ago; emptied for toughness, he was RTC chairman admits strategist was present said he was "probably" July fueled speculation Foster's office and chosen by Attorney he called a meeting of at a meeting with told of referral by Lindsey. about the Clintons' presided over all three General Janet Reno to White House officials Treasury officials to Attended meeting be- finances, including controversial Treasury/ investigate Whitewater. to discuss Madison. discuss Madison. tween White House and Whitewater, which White House meetings. Has recused himself Treasury officials. he had handled. from further agency THE ATTORNEY deliberations. Lloyd Cutler Margaret Williams Patsy Thomasson Webster Hubbell David Kendall Jean Hanson The former White Hillary's chief of staff Managed Dan Lasater's Bill Clinton's close Bill Clinton's personal In critical meeting, the House counsel to attended a meeting of assets during the FSLIC friend, former Rose lawyer received Treasury and acting Jimmy Carter was Treasury and White case while he was in jail on partner and now the Whitewater documents RTC counsel told appointed last week House officials todiscuss drug charges. Now a No. 3 at Justice, he faces from Foster's office; Nussbaum that the as Nussbaum's tem- Madison. She was among White House aide, she was questions about whether later negotiated a broad Clintons were men- porary replacement. the first to go into Foster's also among those who he charged the Little subpoena that had tioned in a criminal office after the suicide. searched Foster's office. Rock firm for personal the effect of sealing referral as potential expenses and over- more documents from beneficiaries of billed clients. public inspection. Madison misconduct. THE CRITICS THE ARKANSAS CROWD Sen. AI D'Amato Rep. Jim Leach Beverly Bassett James McDougal Susan McDougal William Roelle Probed Altman about Widely respected Schaffer Invited the Clintons to An equal partner in Sources say former controversial GOP moderate, he Appointed state securities invest as equal partners Whitewater, she headed RTC senior vice Whitewater briefing: led calls for special regulator by Governor with him and his wife, the public-relations firm president told Hanson critics say his own prosecutor and is Clinton, she approved a Susan, in the Whitewater that took a controversial and Altman of RTC's ethics lapses make him pushing for congres- novel plan proposed by Development Corp. loan from David Hale's plans to refer Madison poor choice to lead sional probe into Madison's attorney, Hil- McDougal later owned the company and used part of to Justice for criminal the charge. Whitewater affair. lary Clinton. to prop up the Arkansas thrift, Madison it to buy a piece of investigation. thrift. Previously, Schaffer Guaranty, which failed in property, later deeded to worked for a law firm that 1989 at a cost of $60 million Whitewater. The loan was represented Madison. to taxpayers. never repaid. OVAL PORTRAITS OF CURRENT OR ARKANSAS RESIDENTS PHOTOS. LEFTTO RIGHT.TOPTO BOTTOMEDOWNING-NEWSWEEK COLBURN-PHOTOREPORTERS. CHENET-NEWSWEEK.CHENET- NEWSWEEK.STALEY-SYGMA Floyd Brown MARKOWITZ-SYGMA MeNAMEE Robert Bartley Dan Lasater David Hale Jeremy Hedges FORNEWSWEEK TRIPPETT- Conservative operative The editorial-page Bond broker and FOB was A retired Little Rock judge, A Rose Law Firm SIPA.DOWNING-NEWSWEEK JEFF and creator of Willie editor of The Wall sued by a failing Illinois he claims Bill Clinton and MITCHELL SYKES-ARKANSAS courier, he told a Little DEMOCRAT-GAZETTE.KLEPONIS Horton TV ads Street Journal pursued thrift and FSLIC for alleged Jim McDougal pressured Rock grand jury that he NEWSWEEK. MEYERS-NEW for George Bush, he's Whitewater story unauthorized trading. him into making a $300,000 and a colleague used a YORK TIMES. JOHN P. CAVANAUGH churning out faxes before it was hot: in a Hillary helped the Feds in MeNAMEE FOR NEWSWEEK loan to Susan McDougal's shredder at the firm to MeINTURF-CEDAR BAPIOS encouraging reporters suicide note, Foster said the case, which Lasater company in 1986 to solve destroy Foster files after GAZETTE KEESEE-ARKANSAS to be more aggressive in the WSJ editors "lie managed to settle cheaply Madison's financial prob- Fiske was appointed DEMOCRAT-GAZETTE TEDFORD- covering Whitewater. without consequence." in 1987. Critics accuse Hil- lems. Hale faces unrelated special counsel. SABA NOCREDIT lary of conflict of interest. loan-fraud charges. TIMES. ARKANSAS DEMOCRAT GAZETTE MITCHELL-SYGMA 38 NEWSWEEK MARCH 21, 1994 PUBLIC LIVES Puffing Motes Into Dust Storms Why no one will give the Clintons the benefit of the doubt BYJOE KLEIN N THE AFTERNOON LLOYD CUTLER WAS NAMED COUN- acted in any way to impede the investigation, they should be O sel to the president. after Bill Clinton had exhausted fried. But they have not yet been accused of anything remotely every last question from the press about the Whitewa- resembling that anything that begins to explain the hysteria ter hysteria, the White House staff held a pep rally for this case has evoked in the press. the First Family in the East Room. This is becoming Which raises an interesting question: what does explain the something of a ritual. There was a rally to bolster the president's hysteria? What justifies disingenuous banner headlines like The spirits after his mother died. There will, no doubt, be many more Washington Post's: CLINTON REJECTS LIKENING WHITEWATER such before this strange ride is done. Both the president and Al TO WATERGATE? That same day R. W. Apple offered a ridiculous Gore addressed the troops-but the real passion came from hyperinflation of the scandal in The New York Times, an Hillary Rodham Clinton. She spoke about health care. She told "analysis" that acknowledged Whitewater had produced "noth- the story of a woman in New Orleans who had breast cancer, but ing approaching" the abuses of power involved in Watergate but no health insurance-the company she then blithely compared such "similar- worked for didn't offer it-and the doc- ities" as the reluctance to respond to tor told her that all he could do was press inquiries and the president's watch the tumor "and see what hap- sounding as "defensive as Mr. Nixon pens." That was why they had come to used to in proclaiming the virtues of Washington, she said: to help people those who worked alongside him." (Ap- like that woman. The crusade was all. ple might easily have been comparing The applause was tumultuous. Clinton's early performance on NAFTA There was, in the First Lady's re- to Watergate.) And then there were the marks-as there often is-an implicit: television networks, giving time to an How dare they question our motives? ethical falling-rock zone like Sen. Al- How dare they question our rectitude? fonse D'Amato, simply because his It's a familiar sound, the mating call of the sound bites ("as great if not greater than liberal elite in high dudgeon. It divides Watergate!") were the most egregious. the world between us and them, the high- Sleazeballs: Hysteria, in this case, has minded and the greedy. The First Lady's many fathers. One is that a cancer on the indignation seems particularly problem- presidency is more sexy than health care atic in the case of Whitewater, which or welfare reform. Another is the fact centers on a decision she made in the late JAMES COLBURN-PHOTOREPORTERS that the Clintons did do business with 1970s: to make money. Her choices were The crusade is all: First Couple some mortal sleazeballs down in Arkan- never quite so simple as the ones she laid sas and may have brought a few along out, memorably, during the campaign: to make money A cancer on with them to Washington. A third, not to be underes- or bake cookies. She could have done high-minded, timated, is the suicide of Vince Foster, which adds liberal work. She could have defended indigents in- the presidency immensely to the "something fishy here" quotient. stead of banks. She chose to make money. Some of is sexier than But the real reason Whitewater has puffed so large is her clients were not the sort of people who listen to that very few people in Washington are willing to National Public Radio; many of them were, perhaps, health care give the Clintons the benefit of the doubt. It's not just aware that she was married to a high-ranking official or welfare the press; I haven't noticed many congressional in the State of Arkansas. These were not moments Democrats rushing to their defense, either. she will dwell upon in her inevitable. best-selling reform Why not? In part, because the president's effort to autobiography. In fact, she has never really discussed finesse all sides is catching up with him. Nobody her business career. The natural assumption is that she has quite trusts him-liberals think he's a sellout; moderates think something to hide, and she might: but she may just be embar- he's a secret liberal. He has made deals but few friends. He has rassed by the whiff of venality. And that embarrassment, the sought shifting alliances and won disposable loyalties. As for the involuntary cringe that occurs when names like McDougal or press, the combination of loose morality and high ideals presents Lasater are recalled, the desire to just forget about the welter of a gloriously fat target. Clinton's truth-shaving during the cam- smarmy transactions-to not even think about this because there paign, especially about the draft, is well remembered-and the is health care to discuss-may well be the mote of dust at the First Family's (especially Mrs. Clinton's) apparent disdain for heart of the White House's incredibly self-destructive reluctance the less-than-pure rankles. Their administration is now in peril. to face this problem squarely. The time for Watergate comparisons may yet come, but what if it So far, and despite the efforts of a brigade of intrepid investi- doesn't? Do we, the righteous guardians of the truth, admit that gative reporters. not much else has turned up. There was a series we blew this all out of proportion-or do we continue to puff of contacts between Treasury Department officials and the motes into dust storms in order to justify our investment? The White House staff. These were stupid, but-on the evidence as it Clintons have earned their isolation. But they deserve a more exists-not criminal. Of course. if it turns out that the Clintons sober hearing than this lunatic caldron. MARCH 21. 1994 NEWSWEEK 39 THE WHITE HOUSE The Trials Of Hillary The First Lady's way of doing business and dealing with others helps explain why Whitewater grew so messy By NANCY GIBBS Whitewater, but this was no charm offensive: she met her guests from TIME not in the cus- ILLARY RODHAM CLINTON HAS NEVER tomary spots-the solarium or the family quar- H had much use for the national press ters-but in a combat zone, the Map Room corps, but by late last week, when the where Franklin Roosevelt plotted troop move- pressure for her to tell what she ments throughout the Second World War. knew about Whitewater was rattling The First Lawyer came well prepared: to the very walls of the White House, even the softest questions she had a hard- she finally agreed to let select reporters boiled answer. "We made lots of mistakes; I'd through the door. It was her first news inter- be the first to admit that," she said. though just view in weeks, and her first ever devoted to about everyone else in the White House al- ready has. If it turns out that she and her hus- band underpaid their taxes on Whitewater land deals. she said. they will make up the difference. "We never should have made the investment. But, you know. those are things you look at in retrospect. We didn't do any- thing wrong. We never intended to do any- thing wrong. It was great theater and good politics, but it was also rather late. Even as the Clintons con- tinued to insist that Whitewater wasn't really a story; that they wanted everything out on the ta- ble so they could prove their innocence, the White House was grinding to a halt so that aides could go out and find lawyers to help sort through their garbage and assemble all the doc- uments that will float past the grand jury and in- evitable congressional committees for months White House aides say the crisis has brought the couple closer-more phone calls, more talking, a hug in public Diana to come. A high-ranking Clinton official. husband had appointed: for whom White As Republicans shouted for congressional distraught at seeing his name smeared, House counsels Vince Foster and later Ber- hearings, officials from Vice President Al found himself reassuring his children that nie Nussbaum acted as personal lawvers Core on down fanned out to television he is not going to jail. "Don't worry, Dad- rather than public officials; whose chief of shows to express their measured contri- dy," said one child. "We still love you." staff Maggie Williams, retrieved files from tion. "Whitewater isn't about cover-ups," The polls, however, were especially un- Foster's office after his suicide; who fought said counselor David Gergen on Nightline. loving last week. Only 35% of Americans to the end the idea of appointing a special "It's about screw-ups." Said policy adviser surveyed in a TIME/CNN poll think they can prosecutor. Williams (of whom one White George Stephanopoulos: "Did the damage- trust Bill Clinton, down from 40% in Janu- House official said. hard to ollowhere control team create a lot more damage than ary. More than half of those polled think Maggie ends and Hillary begins and Hil- it controlled? I think that's probably right." the Clintons are hiding some- As for the First Lady, she thing about Whitewater, and struggled gamely through a third think they broke the How much attention are you Did Bill or Hillary Clinton do White House dinners and the law. Even the financial mar- paying to the Whitewater anything illegal in these endless health-care meetings, kets decided they didn't like issue? matters? "but I'm not sure anything is what they saw: on Thursday January March 64 Hillary happening," an official admit- the bond market shuddered Great deal/ Yes ted. "She's not running them. with rumors about new 48% some She's not talking, and she just Whitewater bombshells, No sort of sits there." Friends pri- prompting investors around Little/ 51% Not sure vately acknowledged that the the world to dump their U.S. none attacks were taking a toll. Treasury bonds and buy gold. "She is too proud to call for The sudden inflation of Are the Clintons hiding some Is Hillary Clinton more ethical support," said Senator Jay Whitewater from a nuisance things about their role in than most politicians? Rockefeller, who has worked into a crisis, Administration at her side on health care for officials insisted, was due these matters? Yes the past year. "And you will more to their colleagues' stu- Yes No not catch a muscle of her jaw pidity than to any new evi- moving, but if I were her I dence of misdeeds. The Pres- No The same would be seething over ident said it was all a problem Whitewater." Hillary is care- From for of perception. Desperate to ful to keep her anger private, move on, they could even joke about it; ad- lary's press secretary, Lisa Caputo, sat in but it is impossible to hide. "People can lie viser Bruce Lindsey cracked that front of grand last Thursday to ex about you on a regular basis, and you have Whitewater was the site of the future Clin- pla in "whether by meeting at to take it," she said. "That's very hurtful. To ton presidential library. But the greatest regulators White see the things that are said without any ref- perceptual change had implications far be- House utation or correction most of the time is yond Whitewater and its tributaries: the very painful to your friends and your fam- President's wife, the most unaccountable its ties to the bankrupt Madison Guaranty ily. I worry a lot about them." member of any Administration, was being Savings & Loan. The whole thing, the First Lady insist- called to account for her actions. In the archaeology of scandals, nothing ed, was a Republican plot to discredit her. From the start, Whitewater has been dug up so far has been ruinous, but all of it That easy defense will not provide much more about Hillary than her husband. She is corrosive in a White House struggling to comfort for long. Several polls last week was the one who handled the family fi- shield not one but two embattled leaders. showed that most people agreed with Hil- nances on the botched land deal; who rep- After months of slippery evasions. the Ad- lary that the Republicans were playing par- resented clients in front of a regulator her ministration abruptly changed strategies. tisan games. But the public also didn't like THE PLOT SO FAR July 20, 1993 Sept. 29 October 8 November 9 Foster. now deputy to Jean Hanson, general The RTC officially Republicans start White House counsel counsel at the Treasury requests a Justice calling on Attorney March, 1992 Fall December Bernard Nussba Department. informs Department criminal General Janet Reno During the presidential The Bush The Clintons sell their is found dead in a Nussbaum that the investigation of White- to nominate a campaign, the press Administration's Whitewater stake for Virginia park, an Clintons will be named water and Madison. Six special counsel to begins asking about the Justice Department $1,000 to partner apparent suicide. in an inquiry by the days later, Nussbaum look into any ties Clintons' investment in balks at invest- James McDougal. head Nussbaum and Maggie Resolution Trust meets with Treasury between Madison the Whitewater real igating Whitewater of the failed Madison Williams. Hillary Corporation. the federal officials over Whitewater. and Whitewater. estate venture. Clinton during election Guaranty Savings & Clinton's aide. search agency cleaning up the Meantime, White House commissions a report time for fear an Loan. Vincent Foster, Foster's office, and S&L mess. Deputy adviser Bruce Lindsey that says they made no inquiry will smack the Clintons' lawyer and Nussbaum passes Treasury Secretary informs the President of profit on a $69.000 of partisanship. Hillary's law partner, documents on to the Roger Altman, a long- the investigation. On investment. but discovers that White- Clintons' personal time atly of the Clintons, Oct. 31. reports of the incomplete records pre- water has not filed tax attorney. belongs to the oversight RTC investigation appear vent a full examination. returns for three years. board of the RTC in the press. 30 TIME what little it knew about Whitewater. and realize the dangers of "I'm above the law.' It's was not prepared to grant Hillary the auto- moral hubris. particularly almost Nixonian. And it's a matic benefit of the doubt she seemed to as revealed by a genera- tragic flaw." expect. "She's still in the mode of saying, 'I tion of '60s reformers didn't do anything wrong,`" said a White who campaigned against Whitewater has intro- House source. "So why should she do a mea the '80s as the Decade of duced all sorts of ironies culpa?" Said the First Lady last week: "I Greed. "They think of into the most interesting have to admit, for the last two years I was themselves as the most marriage in America. The bewildered by people's interest in this. It ethical people in the official word coming from happened many years ago." world." says an Adminis- the White House was that tration insider. "They "this has brought them For all her disdain for the national think everything they do closer together. There is press, Hillary Rodham Clinton had a long or say is aboveboard and more phone calling dur- honeymoon. By and large, reporters have for the good of the coun- ing the day, more talking gently chronicled her reinvention of the try. Therefore they can't back and forth, a need to First Lady's office as she added a major pol- understand why some- reach out to each other icy role to the traditional portfolio of host- one would doubt their in- If everybody in more," an official ob- ess and cheerleader. The glowing press ac- tegrity. That is a big part served. "It is probably a counts of her crusade for health-care of the problem." the country had a natural reaction to stress reform, full of charmed lawmkers and It is a problem for the President's bushy-tailed character as strong and adversity coming cheering crowds, helped boost her popu- from outside." The stress larity higher than her husband's at times. staffers, who last week Profiles charted the spiritual journey that were being called upon to as hers, we wouldn't cannot have been helped by the President's having inspired her social activism, the theolo- explain why 15 top offi- have half the to fire Nussbaum, his gians she read, the ministers she admired. cials had been working wife's early mentor, or in- The New York Times Magazine dressed for more than a year with- problems we've got vite a special prosecutor her in white silk and pearls and captioned out proper security clear- ance. White House press today. to interrogate her closest her St. Hillary. Her staff loved the picture. allies. secretary Dee Dee Myers -President Bill Clinton The Clintons' partner- HIS WAS RISKY TERRITORY FOR A admitted that she and on his wife ship has inspired unend- T public figure: if pride is bad. then others have been working ing speculation ever since one doesn't dare seem proud of on temporary passes since the Inaugura- they peeled back the bedclothes a bit on 60 being good. Both Bill and Hillary tion because, Myers says, she has been too Minutes to respond to charges of his adul- came to Washington promising an busy to do the paperwork. "There are no tery. Even friends who have known them end to politics as usual, a rebirth of excuses," she said. "I should have done it, for many years have trouble explaining the $ responsibility, a Politics of Meaning de- and I just kept putting it off." dynamic between them; but Whitewater rived from the Golden Rule. Such a specific Despite Clinton's evocation during the confirms some eternal verities about why claim to moral authority can hardly with- campaign of a country that "works hard and they are so different, and so dependent on stand charges of tax chiseling and corner plays by the rules," the rules don't always each other. cutting by Hillary and those closest to her. apply in the Clinton White House. Critics There is an old saying that Methodists "Can a President credibly advance an ethic recall the infamous haircut on the runway, are always looking for a mission, while of national service," asked Clinton's nem- the summary firing of the travel staff, the Baptists think they are the mission. Bill the esis on the Hill, Congressman Jim Leach, use of the FBI to investigate the travel opera- Baptist was single-minded in his pursuit of "if his own model is one of self-service?" tion. "The Clinton message is Tm pure,'" power; Hillary the Methodist made his Even the President's friends came to said a veteran of the Reagan White House, success into her preoccupation. Their December January 20, 1994 Late January February 2 February 25 March 4 March 7-8 Shortly before After Clinton asks Reno Following Fiske's Altman bnefs senior Under heavy criticism. The FBI, looking kt Clinton choses Christmas, the Clintons to appoint a special appointment, an White House aides cn Altman removes Whitewater and Lloyd Cutler as reluctantly agree to turn prosecutor. she selects employee of the Rose the RTC'S procedur S himself from all matters Madison testimony 200 Nussbaum's interim over all Whitewater Robert Fiske, a law firm is allegedly At the meeting are pertaining to Madison documents. serves replacement. White records. The White Manhattan lawyer, to ordered to shred a box Hanson, Nussbaum, or Whitewater and subpoenas on 10 White House officials House admits that lead the investigation. of documents from Williams and deputy resigns as head of RTC. House aides. including acknowledge there had documents were taken Fiske. vowing a -flat- Foster's files. chief of staff effective March 30. Nussbaum, Williams, been additional from Foster's office in out" examination, antici- Harold Ickes. Altman and Ickes. The conversations between July. It takes several pated that both Clintons Altman would cumit to next day Nussbaum the White House and weeks before all papers would be deposed under the meeting at a Treasury officials are turned over. oath. Fiske also says he Senate hear 1g later regarding the will look into Foster's in the month. RTC probe. death. TIME MARCH 21. 1994 31 friends observe that he gest that he more than Some call every day. even when nothing needs her brains, her log- owes her. has changed. She was closer to the latter." ic, her focus; she needs Maybe it is because he The Clintons' Whitewater partner, his charisma, his humor, grew up poor and she did James Dougal, claims that when Bill his ability to strike the not that Hillary came to be Clinton told him they were having money deal that gets things done. worried about their finan- troubles, McDougal decided that his Madi- "There's a poll saying that cial security. Bill had al- son Guaranty Savings & Loan would put 40% of the American peo- ready known poverty, so it Hillary on a $2,000 monthly retainer. Mac- ple think Hillary's smart- held no terror for him: he Dougal, who in Arkansas' incestuous poli- er than I am." Bill likes to used to say he didn't "care tics was also a Clinton fund raiser, got his observe. "What I don't a lick" about money. Hilla- money's worth in 1985 when Hillary ar- understand." he then ry did not have that luxu- gued before the state on behalf of measures deadpans, "is how the She's more fragile ry. She had turned her to keep Madison afloat. The thrift finally other 60% missed it." back on the lure of gold- went under in 1989 at a cost to taxpayers of But there is the twist: than she appears. plated Washington law $47 million. Whitewater special prosecu- in Whitewater the smart firms in order to follow one goofed-or presum- And she's worried tor Robert Fiske has also subpoenaed doc- Bill to Arkansas and help uments of a second failed real estate deal fi- ably did. The other one I can see it in her steer him to the Gover- nanced by Whitewater, this one the 810- didn't. Like something out nor's mansion, where he acre Lorance Heights project outside Little of Faulkner, the saint may stiffness. earned $23,000 a year. It Rock, which ended with lawsuits by angry have sinned. Two years fell to Hillary to make landowners, foreclosure and a $510,000 ago, Hillary stood stead- top Clinton ends meet, which judgment against Whitewater. fastly by her husband administration official made investments like through allegations, and Whitewater all the more T IS NO SINGLE CHARGE, BUT THE considerable evidence, of adultery, draft beguiling. Friends in Little Rock acknowl- steady accumulation of them, that has dodging and drug use. Together they went edge that "money was a real issue." In 1983 the White House reeling. Most dam- through the grinder again at Christmas with she and her law partners Vince Foster and aging of all is the atmosphere of law- new charges, by Arkansas state troopers, of Webb Hubbell opened a joint stock-trad- yerly evasion that suffuses an Admin- philandering. Now, for once, it is he who ing company called Midlife Investors. "She istration so plump with law degrees. must stand by his woman if he is to keep his would call me all the time to see how her The Whitewater "screw-ups," for all the ef- presidency afloat. He is returning her favor, stocks were doing," recalls broker Roy forts to spin them as one-time blunders, in many ways, though it might be fair to sug- Drew. "Some investors I never hear from. arose directly out of a White House power Does Rose Have Something to Hide? By RICHARD LACAYO HE ATTORNEYS AT THE ROSE LAW FIRM OF LITTLE ROCK T have always liked to operate near the center of power. Their first woman partner was Hillary Rodham Clinton, who got the title in 1979, the same year her husband be- came Governor. When she became First Lady, she took three other partners with her to Washington, where Vincent Foster and Wil- liam Kennedy became White House counsels and Webster Hub- bell was named Associate Attorney General. The future looked so promising that Rose opened a one-man Washington operation to explore opportunities for establishing a permanent office. U.M. Rose, a founder of the American Bar Association. By the But sometimes it doesn't pay to get too close to the seat of pow- 1980s, when its growth took off under the direction of C. Joseph er. The lawyers at Rose have spent much of the past few weeks Giroir, a securities specialist, it had long been the cream of Ar- trying to contend with the tributaries of Whitewater that run kansas firms. Its list of present and former clients includes some straight through their firm-and the whirring noise of a shredder. of the state's biggest businesses, including Tyson Foods, Wal- Two college students employed as couriers in the Little Rock of- Mart and TCBY, the national yogurt franchiser, as well as Little fice say that in late January. after the special counsel began his Rock Airport Commission and the Federal Deposit Insurance Whitewater investigation. they shredded materials from the of- Corporation. which oversees banks. fice of Foster, who had handled some of the Clintons' Whitewater That client roster, mixing businesses with government regu- dealings, and who committed suicide last July. Senior attorneys lators. sometimes led to conflict-of-interest accusations. In 1988 are said to be watching miserably as the firm's white shoes are the firm and its insurer paid $3 million to settle a conflict charge dragged through the mud. "Yeah. it's more tense." says Jeremy stemming from the failure of FirstSouth Savings and Loan. At Hedges. one of the shredders. "But then. it's always been tense. the insistence of Senate Republicans. the FDIC has reopened a With roots going back to 1820. the firm takes its name from conflict-of-interest investigation involving Madison Guaranty: ANSWERING SUBPOENAS: Chief of staff Maggie Williams, White House communications director Mark Gearan and press secretary Lisa Caputo structure unlike any in history. Never be- neously giddy and unnerving prospect of House-meetings, from Office on fore has the White House contained two seeing the capture of such a powerful down to the rooms and tiny impromp such powerful figures, with rival staffs, in- figure. tu gatherings. official title is as terlocking loyalties and a wall of protection Though her public profile has waxed sistant to the President which means she surrounding the whole enterprise. and waned, Hillary's access within the pri- reports, to the President's bief of staff Hillary functions in the White House vacy of the White House is virtually unlim- Mack Mcl early.on Williams told rather like the queen on a chessboard. Her ited. Staffers refer to the Clintons with a friends that she considered herself McLar- power comes from her unrestricted move- sort of revolutionary equality as "the prin- ty's counterpart, and she bristled when she ment; but the risk of capture is great, and a cipals" and chart her moods and interests was not included in many of the same player without a queen is at a fatal disad- with as much care as his. Few were hired meetings he attended. She told people vantage. Clinton's presidency would be se- without an audience with her; when the that they had equal rank, Said # mAdminise verely disabled by a direct hit to his wife. President has a question about almost any tration insider. "The only person who So, as the Whitewater story has wound sensitive issue that arises, the refrain is the could have given her that impression was tighter around her, opponents, supporters same: "Run this past Hillary." Hillary herself.' and observers of the Clinton Administra- The First Lady and her chief of staff Washington conventional wisdom holds tion alike have been faced with the simulta- Williams have walk in rights to most White that Hillary Clinton, her staff and their ON TEAR? Clerks Lindsey "Don't assume they were his documents." According to Hedges, and Hedges, right, say when he answered in turn that he was certain, Jones told him, they were directed at the "Don't assume that they have anything to do with the Rose Law office, left, to shred Foster's papers investigation." Rose partners shrug off the story, insisting, plausibly, that if the failed S&L headed by they had anything to hide, they would not have gotten two low- James McDougal, the er-rung employees to do their dirty work. Hedges says senior Clintons' partner in partners would be just as unlikely to risk attracting suspicion by Whitewater. In 1989 the doing something out of the ordinary-like their own shredding. firm represented the FDIC "People get suspicious." in a suit against Madison's Tired of the spotlight-and of being compared to the fishy auditors, despite the fact practitioners in The Firm-Rose is showing the strain. Some that, four years earlier, members of the firm have knives out for the big names whose Hillary had dealt with troubles have come back to haunt the firm. They leaked word state regulators on Madi- that Rose was conducting an internal review of Hubbell to de- son's behalf. termine whether he had overbilled clients and misused his ex- Spokesmen for the pense account. And politically conservative partners are also firm say it began shredding to protect confidential client infor- said to be itching to undercut Rose alumni attached to the Dem- mation during the 1992 primary campaigns, when reporters ocratic White House. The Washington Times reported last week were discovered rummaging through office garbage. In late Jan- that in connection with the expense-account questions, an un- uary, after special counsel Robert Fiske announced the start of identified group of partners is thinking of filing an ethics com- his Whitewater investigation, Hedges and another courier, plaint against Hubbell with the Arkansas Supreme Court. Clayton Lindsey, say they spent an hour shredding documents The Whitewater fallout is also being felt by Rose's man in plainly marked VWF. The only lawyer at the firm with those ini- Washington, Allen Bird II. But he predicts Rose will pursue tials was Vince W. Foster. At a meeting with managing partner plans to open "a legislative practice" in Washington, a term for Ronald Clark and others a few weeks later, they were informed lawyer-lobbyists. While he promises they won't be selling ac- that they would have to answer FBI questions and testify before cess, that won't keep them from picking up the phone: "We de- the Whitewater grand jury. Hedges says they were told to tell cided we would feel free to contact anyone in the Administra- the truth and "not to do anything to protect the firm." But when tion anytime we felt it was appropriate, legal and ethical." It's Hedges informed senior partner Jerry Jones that he would tell hard to know how much comfort to take from that. -Reported by the FBI he had shredded Foster documents. Jones replied. Richard Behar New York and Suneel Ratan/Little Rock TIME MARCH 33 mostly female allies consti- paign veterans the notion Top Administration officials are now tute one camp in the that the best course is usu- outspokenly critical of the White House White House, while "the ally denial and counterat- staff for creating a fiasco that threatens to white boys" around the tack-hence the charge derail the President's legislative agenda. President lead another that the Republicans are "They have never had a strong staff, either camp. Many blamed the blowing up Whitewater one of them," contends a longtime ally of poor handling of for their own advantage. Hillary's. "They didn't have to have a first- Whitewater on a split be- But the two sects have not rate staff in Arkansas. They didn't need one tween the two teams. But always agreed. It was there. They just had to be first-rate them- the Clinton White House Ickes, a longtime Hillary selves. When they got to Washington, they is a far more complicated confidant, who forced the didn't go through the process of a nation- place than that, a hive of Clintons to accept a spe- wide search to hire people for the White many camps, linked by cial counsel when Nuss- House as they did for the Cabinet. They bridges that make easy di- baum and Susan Tho- looked only at the campaign." visions not only impossible mases argued vehemently but misleading. There are against it. LTHOUGH THERE WAS A LONG LIST age camps, ideological The hallmark of Hilla- camps, long-standing She is too proud ry's staff seems to be an A of experienced Democrats ready to help, the Clintons did not ap- friendships and clusters intense loyalty that bor- point a single old Washington around key officials that to call for support. ders on paranoia, and a hand to the new staff. "They didn't defy simple categories. determination to guard want any strong wills around The best breakdown And you will not her privacy at all costs. them," observed a prominent Democrat isn't spousal but historical: The very intensity of loy- who has known both Clintons since college there is a "campaign catch a muscle of her alty, in fact, may have days. "They don't want anyone in the camp" and a "governing jaw moving, but if done her harm. "A lot of White House who knows where the skele- camp." The first, inhabited people believed last De- tons are buried." Only when disaster struck by Stephanopoulos, Har- I were her I would be cember that they could did they reach out to the grownups: first old Ickes, Paul Begala, do Mrs. Clinton a favor David Gergen and last week Lloyd Cutler, Mandy Grunwald, James seething. by volunteering to go a seasoned veteran of Washington's politi- Carville and the swarm of on television and talk cal warfare. communications minions, to reporters about The arm's-length strategy toward the tend to be fighters. coun- Whitewater." a White press reflects her staff's careful manage- terpunchers and by habit unconciliatory. House veteran observes. "The idea was, do ment of the First Lady's image-or rather, The governing camp, by and large, came on a little dirty work and get a merit badge." images, as she veers between the high-pro- board later, and is led by Gore, McLarty, But Whitewater turned out to be full of file policymaker and the casual sports fan Gergen and others who, to some extent by quicksand. "They get on TV and discover it chatting with David Letterman's mom, live accident, are more moderate, more Wash- is not that easy. Rather than pleasing Hilla- from Lillehammer. At times, in fact, her ington, have closer ties to business, and ry, they are going to piss her off. And so staff seems to be trying to make her appear have never associated with insurgent party what starts as a big opportunity to score less influential than she is. A year into the politics. some big brownie points with the boss, or heavy health-care work, her staff still takes A subset of the first group is Hillary's his wife, ends up backfiring." conspicuous pains to showcase her tradi- many of Williams, Susan Thomases, Ira Magaziner and, until las week, Nussbaum-worked on the cam paign. People love working for her." says Anne Wexler, a senior officer in the Carter White House who keeps in close touch with the Clintons. "Her operation is the most or- ganized. the most focused, the most coordi- nated and the most disciplined in the White House." And all the focus and discipline is directed toward a single goal: protect Hilla- ry. As a White House veteran put it, "They are a force within a force within a force." It is Hillary's camp, in alliance with the campaign group, that has buttressed, rath- er than sought to break down, her instinct to stonewall her way through this mess. Theirs is a lawyerly culture: attorneys by training aren't forthcoming, they tell noth- ing, give away little and generally plead the alternatives, if just for fun. The First Lady has been surrounded by like-minded legal eagles for most of her adult life. and those who remain believe in denial as a first course of action. It is a legal outlook. not a political one. Hillary's advisers share with the cam- WHITEWATER: The Clintons were expected to build a home by the bluff in the foreground )W tional First Lady doings, visiting schools ise and hospitals and entertaining. while keep- INTEREST to ing the details of her private work schedule By Michael Kramer da. from public view. er Such behavior inspires the conserva- of tives' charge that she is trying to have it st- both ways. hiding her power and her liber- Caught in the Web al agenda behind a traditional role. In a ne way, Hillary Clinton, the feminist champi- HE PRESS ROUTINELY DESCRIBES HIM AS A "CENTRAL FIGURE" IN THE È .ey on, has had a hard time living out that old n- feminist slogan "The personal is political." T scandal. "He should be fired," says Republican Senator Al D'Amato. Or at least put "out of the picture" on an unpaid leave of absence, said Re- ite Politics is more personal for her than for publican Senate Leader Bob Dole last Friday. The target of these attacks any First Lady in modern memory. Some is Deputy Treasury Secretary Roger Altman, the latest Clinton Administration ey of her defenders attribute the attacks official caught in the Whitewater affair's web of fact and innuendo. on her as the predictable assault on a Political trouble threatens all in its path indiscriminately. Public officials .ST strong, outspoken feminist. "It's a small served with subpoenas suffer tarnished reputations no matter the ultimate re- dy but pathetic gang of right-wingers who sult-which is why distinctions should be drawn. Where does Altman fit? hate Hillary not because of what she's With impressive government experience already behind him, Altman prob- & done but because their mammas didn't on ably felt confident that he knew the rules of the game when he joined Clinton n't breast-feed them," said adviser Paul Be- last year. As Jimmy Carter's Assistant Treasury Secretary, Altman helped engi- nd gala last week. neer the Chrysler bailout. Thanks to his talent and good luck (he and Clinton at Some of Hillary's aides see her frustra- became friends in college), Altman is tion and exhaustion growing, especially as ge now Lloyd Bentsen's understudy. He is he the health-care marathon drags on and on, also acting head of the Resolution Trust le- with ever diminishing chances of Con- Corporation, an assignment he accept- ick gress's passing a program that even resem- ed to fill a temporary vacancy in the rst bles the one she worked so hard to develop. RTC'S chairmanship. This is the chore "There have been days when we would that has sullied him. er, iti- tumble onto a plane at the end of a day," a The job is particularly sensitive be- CYNTHIA staff member recalls. "and she would say, 'I cause the agency is trying to recapture the hurt from the top of my head to the bottom money lost from failed savings and of my feet.' loans like Madison Guaranty of Little ;e- Most upsetting is the fact that her hus- Rock, the institution with ties to the er, band's agenda, for which she too has fought & Clintons' hapless Whitewater Devel- an so hard, is embattled by a mess arising opment Corp. As a result of Altman's :ve mostly from her own misjudgments. With congressional testimony, the public er midterm elections looming, the effect of now knows that Treasury officials held ar Whitewater on Congress will be to loosen three meetings with White House he the President's already fleeting grip on par- aides to discuss the RTC'S Madison in- ty discipline and make it harder for him to es vestigation. Administration officials di- flex his legislative muscles. And it hands confirm that Altman didn't know about Altman's suffering unfairly the defenseless G.O.P. a badly needed stick. the first two. Those became public af- "We don't want to be distracted from the ter Altman acknowledged that he himself called the third for last Feb. 2, a ses- big issues that we're working on," said Ste- sion he describes as a "brief heads-up" designed to tell the White House what phanopoulos. "That's not going to stop the procedures the RTC would follow before the statute of limitations on potential Republicans from trying. They can't run on lawsuits involving Madison expired at the end of that month. (Congress extend- the economy. They can't run on health ed the statute's deadline shortly thereafter.) Altman has sworn that he didn't care. They can't run on welfare. They can't communicate anything about the substance of the RTC'S Madison inquiry. He run on crime. So they're trying to exploit couldn't have done so, he says, because he has purposely avoided knowledge of this issue. We shouldn't make mistakes to the RTC'S cases. So far, no evidence disputes his contention. allow them to do that." What's most significant in weighing Altman's culpability is his actions before A politician who brought to the White the White House meeting. Unlike those involved in the other White House ses- House a reputation for slickness may have sions, Altman sought to avoid any impropriety, or even its appearance, by clear- particular trouble getting some moral ing his meeting in advance with Treasury's ethics office. The question: Would it traction-especially if those around him be proper to convey the innocuous facts regarding the statute of limitations- are afraid to confront his demons. A top facts that had already been provided to inquiring congressional staff members? Administration source said there is only Assured there was no problem, Altman proceeded. one group capable of changing Clinton's On Feb. 24, Altman told Congress about his Feb. 2 meeting. Republicans re- mind about the way his White House runs: sponded predictably, charging improper conduct. On the following day, Altman "What it will take is for the Wise Owls- recused himself from any further RTC decisions involving Madison, even though Vernon Jordan, Warren Christopher and Treasury and RTC ethics officials say he had no legal obligation to do so. Unsub- Lloyd Cutler-to walk into the Oval Office stantiated reports allege that Altman sought the advice of White House aides be- and say, 'Get the amateurs out, or we're fore his recusal. He denies that charge, and Administration officials support him. going to lose the presidency.' The official Where does Altman stand now? Under a cloud. Too few news reports mention sighed deeply and continued. "I can't be- that Altman's meeting was cleared by Treasury's ethics office: too many critics ig- lieve we're at this point. It breaks your nore his admission that despite such clearance. the meeting should not have OC. heart." Reported by Ann Blackman, curred. So. fault Altman for political naivete but. unless new information surfaces. Nina Burleigh and Michael Duffy/Washington not for venality. A lot about Whitewater smells. Altman doesn't. TIME MARCH 2L 1994 THE WHITE HOUSE The Trials Of Hillary The First Lady's way of doing business and dealing with others helps explain why Whitewater grew so messy By NANCY GIBBS Whitewater, but this was no charm offensive: she met her guests from TIME not in the cus- ILLARY RODHAM CLINTON HAS NEVER tomary spots-the solarium or the family quar- H had much use for the national press ters-but in a combat zone, the Map Room corps, but by late last week, when the where Franklin Roosevelt plotted troop move- pressure for her to tell what she ments throughout the Second World War. knew about Whitewater was rattling The First Lawyer came well prepared; to the very walls of the White House, even the softest questions she had a hard- she finally agreed to let select reporters boiled answer. "We made lots of mistakes; I'd through the door. It was her first news inter- be the first to admit that," she said, though just view in weeks, and her first ever devoted to about everyone else in the White House al- ready has. If it turns out that she and her hus- band underpaid their taxes on Whitewater land deals, she said, they will make up the difference. "We never should have made the investment. But, you know, those are things you look at in retrospect. We didn't do any- thing wrong. We never intended to do any- thing wrong." It was great theater and good politics, but it was also rather late. Even as the Clintons con- tinued to insist that Whitewater wasn't really a story, that they wanted everything out on the ta- ble so they could prove their innocence, the White House was grinding to a halt so that aides could go out and find lawyers to help sort through their garbage and assemble all the doc- uments that will float past the grand jury and in- evitable congressional committees for months White House aides say the crisis has brought the couple closer-more phone calls, more talking, a hug in public to come. A high-ranking Clinton official, husband had appointed; for whom White As Republicans shouted for congressional distraught at seeing his name smeared, House counsels Vince Foster and later Ber- hearings, officials from Vice President Al found himself reassuring his children that nie Nussbaum acted as personal lawyers Gore on down fanned out to television he is not going to jail. "Don't worry, Dad- rather than public officials; whose chief of shows to express their measured contri- dy," said one child. "We still love you." staff, Maggie Williams, retrieved files from tion. "Whitewater isn't about cover-ups," The polls, however, were especially un- Foster's office after his suicide; who fought said counselor David Gergen on Nightline. loving last week. Only 35% of Americans to the end the idea of appointing a special "It's about screw-ups." Said policy adviser surveyed in a TIME/CNN poll think they can prosecutor. Williams (of whom one White George Stephanopoulos: "Did the damage- trust Bill Clinton, down from 40% in Janu- House official said, "It's hard to tell where control team create a lot more damage than ary. More than half of those polled think Maggie ends and Hillary begins") and Hil- it controlled? I think that's probably right." the Clintons are hiding some- As for the First Lady, she thing about Whitewater, and struggled gamely through a third think they broke the How much attention are you Did Bill or Hillary Clinton do White House dinners and the law. Even the financial mar- paying to the Whitewater anything illegal in these endless health-care meetings, kets decided they didn't like issue? matters? "but I'm not sure anything is what they saw: on Thursday January March Bill Hillary happening," an official admit- the bond market shuddered Great deal/ Yes ted. "She's not running them. with rumors about new 48% some She's not talking, and she just Whitewater bombshells, No sort of sits there." Friends pri- prompting investors around Little/ 51% none Not sure vately acknowledged that the the world to dump their U.S. attacks were taking a toll. Treasury bonds and buy gold. "She is too proud to call for The sudden inflation of Are the Clintons hiding some Is Hillary Clinton more ethical support," said Senator Jay Whitewater from a nuisance things about their role in than most politicians? Rockefeller, who has worked into a crisis, Administration at her side on health care for officials insisted, was due these matters? Yes the past year. "And you will more to their colleagues' stu- Yes No not catch a muscle of her jaw pidity than to any new evi- moving, but if I were her I dence of misdeeds. The Pres- No The same would be seething over ident said it was all a problem Whitewater." Hillary is care- TIME of perception. Desperate to ful to keep her anger private, move on, they could even joke about it; ad- lary's press secretary, Lisa Caputo, sat in but it is impossible to hide. "People can lie viser Bruce Lindsey cracked that front of a grand jury last Thursday to ex- about you on a regular basis, and you have Whitewater was the site of the future Clin- plain whether, by meeting at least five to take it," she said. "That's very hurtful. To ton presidential library. But the greatest times with Treasury regulators, White see the things that are said without any ref- perceptual change had implications far be- House officials tried to interfere with the utation or correction most of the time is yond Whitewater and its tributaries: the criminal investigation into Whitewater and very painful to your friends and your fam- President's wife, the most unaccountable its ties to the bankrupt Madison Guaranty ily. I worry a lot about them." member of any Administration, was being Savings & Loan. The whole thing, the First Lady insist- called to account for her actions. In the archaeology of scandals, nothing ed, was a Republican plot to discredit her. From the start, Whitewater has been dug up so far has been ruinous, but all of it That easy defense will not provide much more about Hillary than her husband. She is corrosive in a White House struggling to comfort for long. Several polls last week was the one who handled the family fi- shield not one but two embattled leaders. showed that most people agreed with Hil- nances on the botched land deal; who rep- After months of slippery evasions, the Ad- lary that the Republicans were playing par- resented clients in front of a regulator her ministration abruptly changed strategies. tisan games. But the public also didn't like THE PLOT SO FAR July 20, 1993 Sept. 29 October 8 November 9 Foster. now deputy to Jean Hanson, general The RTC officially Republicans start White House counsel counsel at the Treasury requests a Justice calling on Attorney March, 1992 Fall December Bernard Nussbaum, Department. informs Department criminal General Janet Reno During the presidential The Bush The Clintons sell their is found dead in a Nussbaum that the investigation of White- to nominate a campaign, the press Administration's Whitewater stake for Virginia park, an Clintons will be named water and Madison. Six special counsel to begins asking about the Justice Department $1,000 to partner apparent suicide. in an inquiry by the days later, Nussbaum look into any ties Clintons' investment in balks at invest- James McDougal, head Nussbaum and Maggie Resolution Trust meets with Treasury between Madison the Whitewater real igating Whitewater of the failed Madison Williams. Hillary Corporation, the federal officials over Whitewater. and Whitewater. estate venture. Clinton during election Guaranty Savings & Clinton's aide, search agency cleaning up the Meantime, White House commissions a report time for fear an Loan. Vincent Foster, Foster's office, and S&L mess. Deputy adviser Bruce Lindsey that says they made no inquiry will smack the Clintons' lawyer and Nussbaum passes Treasury Secretary informs the President of profit on a $69,000 of partisanship. Hillary's law partner, documents on to the Roger Altman, a long- the investigation. On investment. but discovers that White- Clintons' personal time ally of the Clintons, Oct. 31, reports of the incomplete records pre- water has not filed tax attorney. belongs to the oversight RTC investigation appear vent a full examination. returns for three years. board of the RTC. in the press. 30 TIME MARCH what little it knew about Whitewater, and realize the dangers of "I'm above the law.' It's was not prepared to grant Hillary the auto- moral hubris, particularly almost Nixonian. And it's a matic benefit of the doubt she seemed to as revealed by a genera- tragic flaw." expect. "She's still in the mode of saying, 'I tion of '60s reformers didn't do anything wrong,'" said a White who campaigned against Whitewater has intro- House source. "So why should she do a mea the '80s as the Decade of duced all sorts of ironies culpa?" Said the First Lady last week: "I Greed. "They think of into the most interesting have to admit, for the last two years I was themselves as the most marriage in America. The bewildered by people's interest in this. It ethical people in the official word coming from happened many years ago." world," says an Adminis- the White House was that tration insider. "They "this has brought them For all her disdain for the national think everything they do closer together. There is press, Hillary Rodham Clinton had a long or say is aboveboard and more phone calling dur- honeymoon. By and large, reporters have for the good of the coun- ing the day, more talking gently chronicled her reinvention of the try. Therefore they can't back and forth, a need to First Lady's office as she added a major pol- understand why some- reach out to each other icy role to the traditional portfolio of host- one would doubt their in- If everybody in more," an official ob- ess and cheerleader. The glowing press ac- tegrity. That is a big part served. "It is probably a counts of her crusade for health-care of the problem." the country had a natural reaction to stress reform, full of charmed lawmkers and It is a problem for the and adversity coming cheering crowds, helped boost her popu- President's bushy-tailed character as strong from outside." The stress larity higher than her husband's at times. staffers, who last week Profiles charted the spiritual journey that were being called upon to as hers, we wouldn't cannot have been helped by the President's having inspired her social activism, the theolo- explain why 15 top offi- have half the to fire Nussbaum, his gians she read, the ministers she admired. cials had been working wife's early mentor, or in- The New York Times Magazine dressed for more than a year with- problems we've got vite a special prosecutor her in white silk and pearls and captioned out proper security clear- ance. White House press today. to interrogate her closest her St. Hillary. Her staff loved the picture. allies. secretary Dee Dee Myers -President Bill Clinton The Clintons' partner- HIS WAS RISKY TERRITORY FOR A admitted that she and on his wife ship has inspired unend- public figure: if pride is bad, then others have been working ing speculation ever since one doesn't dare seem proud of on temporary passes since the Inaugura- they peeled back the bedclothes a bit on 60 being good. Both Bill and Hillary tion because, Myers says, she has been too Minutes to respond to charges of his adul- came to Washington promising an busy to do the paperwork. "There are no tery. Even friends who have known them end to politics as usual, a rebirth of excuses," she said. "I should have done it, for many years have trouble explaining the S responsibility, a Politics of Meaning de- and I just kept putting it off." dynamic between them; but Whitewater rived from the Golden Rule. Such a specific Despite Clinton's evocation during the confirms some eternal verities about why claim to moral authority can hardly with- campaign of a country that "works hard and they are so different, and so dependent on stand charges of tax chiseling and corner plays by the rules," the rules don't always each other. cutting by Hillary and those closest to her. apply in the Clinton White House. Critics There is an old saying that Methodists "Can a President credibly advance an ethic recall the infamous haircut on the runway, are always looking for a mission, while of national service," asked Clinton's nem- the summary firing of the travel staff, the Baptists think they are the mission. Bill the esis on the Hill, Congressman Jim Leach, use of the FBI to investigate the travel opera- Baptist was single-minded in his pursuit of "if his own model is one of self-service?" tion. "The Clinton message is 'I'm pure,' power; Hillary the Methodist made his Even the President's friends came to said a veteran of the Reagan White House, success into her preoccupation. Their December January 20, 1994 Late January February 2 February 25 March 4 March 7-8 Shortly before After Clinton asks Reno Following Fiske's Altman briefs senior Under heavy criticism, The FBI, looking for Clinton choses Christmas. the Clintons to appoint a special appointment, an White House aides on Altman removes Whitewater and Lloyd Cutler as reluctantly agree to turn prosecutor. she selects employee of the Rose the RTC's procedures himself from all matters Madison testimony and Nussbaum's interim over all Whitewater Robert Fiske, a law firm is allegedly At the meeting are pertaining to Madison documents. serves replacement. White records. The White Manhattan lawyer, to ordered to shred a box Hanson, Nussbaum, or Whitewater and subpoenas on 10 White House officials House admits that lead the investigation: of documents from Williams and deputy resigns as head of RTC, House aides. including acknowledge there had documents were taken Fiske, vowing a "flat- Foster's files. chief of staff effective March 30. Nussbaum, Williams, been additional from Foster's office in out" examination, antici- Harold Ickes. Altman and Ickes. The conversations between July. It takes several pated that both Clintons Altman would admit to next day Nussbaum the White House and weeks before all papers would be deposed under the meeting at a resigns. Treasury officials are turned over. oath. Fiske also says he Senate hearing later regarding the will look into Foster's in the month. RTC probe. death. TIME MARCH 21. 1994 31 friends observe that he gest that he more than Some call every day, even when nothing needs her brains, her log- owes her. has changed. She was closer to the latter." ic, her focus; she needs Maybe it is because he The Clintons' Whitewater partner, his charisma, his humor, grew up poor and she did James McDougal, claims that when Bill his ability to strike the not that Hillary came to be Clinton told him they were having money deal that gets things done. worried about their finan- troubles, McDougal decided that his Madi- "There's a poll saying that cial security. Bill had al- son Guaranty Savings & Loan would put 40% of the American peo- ready known poverty, so it Hillary on a $2,000 monthly retainer. Mac- ple think Hillary's smart- held no terror for him; he Dougal, who in Arkansas' incestuous poli- er than I am," Bill likes to used to say he didn't "care tics was also a Clinton fund raiser, got his observe. "What I don't a lick" about money. Hilla- money's worth in 1985 when Hillary ar- understand," he then ry did not have that luxu- gued before the state on behalf of measures deadpans, "is how the She's more fragile ry. She had turned her to keep Madison afloat. The thrift finally other 60% missed it." back on the lure of gold- went under in 1989 at a cost to taxpayers of But there is the twist: than she appears. plated Washington law $47 million. Whitewater special prosecu- in Whitewater the smart firms in order to follow one goofed-or presum- And she's worried- tor Robert Fiske has also subpoenaed doc- Bill to Arkansas and help uments of a second failed real estate deal fi- ably did. The other one I can see it in her steer him to the Gover- nanced by Whitewater, this one the 810- didn't. Like something out nor's mansion, where he acre Lorance Heights project outside Little of Faulkner, the saint may stiffness. earned $23,000 a year. It Rock, which ended with lawsuits by angry have sinned. Two years fell to Hillary to make landowners, foreclosure and a $510,000 ago, Hillary stood stead- -A top Clinton ends meet, which judgment against Whitewater. fastly by her husband administration official made investments like through allegations, and Whitewater all the more T IS NO SINGLE CHARGE, BUT THE considerable evidence, of adultery, draft beguiling. Friends in Little Rock acknowl- steady accumulation of them, that has dodging and drug use. Together they went edge that "money was a real issue." In 1983 the White House reeling. Most dam- through the grinder again at Christmas with she and her law partners Vince Foster and aging of all is the atmosphere of law- new charges, by Arkansas state troopers, of Webb Hubbell opened a joint stock-trad- yerly evasion that suffuses an Admin- philandering. Now, for once, it is he who ing company called Midlife Investors. "She istration so plump with law degrees. must stand by his woman if he is to keep his would call me all the time to see how her The Whitewater "screw-ups," for all the ef- presidency afloat. He is returning her favor, stocks were doing," recalls broker Roy forts to spin them as one-time blunders, in many ways, though it might be fair to sug- Drew. "Some investors I never hear from. arose directly out of a White House power Does Rose Have Something to Hide? By RICHARD LACAYO HE ATTORNEYS AT THE ROSE LAW FIRM OF LITTLE ROCK T have always liked to operate near the center of power. Their first woman partner was Hillary Rodham Clinton, who got the title in 1979, the same year her husband be- came Governor. When she became First Lady, she took three other partners with her to Washington, where Vincent Foster and Wil- liam Kennedy became White House counsels and Webster Hub- bell was named Associate Attorney General. The future looked so promising that Rose opened a one-man Washington operation to explore opportunities for establishing a permanent office. U.M. Rose, a founder of the American Bar Association. By the But sometimes it doesn't pay to get too close to the seat of pow- 1980s, when its growth took off under the direction of C. Joseph er. The lawyers at Rose have spent much of the past few weeks Giroir, a securities specialist, it had long been the cream of Ar- trying to contend with the tributaries of Whitewater that run kansas firms. Its list of present and former clients includes some straight through their firm-and the whirring noise of a shredder. of the state's biggest businesses, including Tyson Foods, Wal- Two college students employed as couriers in the Little Rock of- Mart and TCBY, the national yogurt franchiser, as well as Little fice say that in late January, after the special counsel began his Rock Airport Commission and the Federal Deposit Insurance Whitewater investigation, they shredded matérials from the of- Corporation, which oversees banks. fice of Foster, who had handled some of the Clintons' Whitewater That client roster, mixing businesses with government regu- dealings, and who committed suicide last July. Senior attorneys lators, sometimes led to conflict-of-interest accusations. In 1988 are said to be watching miserably as the firm's white shoes are the firm and its insurer paid $3 million to settle a conflict charge dragged through the mud. "Yeah. it's more tense." says Jeremy stemming from the failure of FirstSouth Savings and Loan. At Hedges, one of the shredders. "But then. it's always been tense." the insistence of Senate Republicans, the FDIC has reopened a With roots going back to 1820. the firm takes its name from conflict-of-interest investigation involving Madison Guaranty: 32 TIME MARK ANSWERING SUBPOENAS: Chief of staff Maggie Williams, White House communications director Mark Gearan and press secretary Lisa Caputo structure unlike any in history. Never be- neously giddy and unnerving prospect of House meetings, from the Oval Office on fore has the White House contained two seeing the capture of such a powerful down to the war rooms and tiny impromp- such powerful figures, with rival staffs, in- figure. tu gatherings. Williams' official title is as- terlocking loyalties and a wall of protection Though her public profile has waxed sistant to the President, which means she surrounding the whole enterprise. and waned, Hillary's access within the pri- reports to the President's chief of staff, Hillary functions in the White House vacy of the White House is virtually unlim- Mack McLarty. But early on, Williams told rather like the queen on a chessboard. Her ited. Staffers refer to the Clintons with a friends that she considered herself McLar- power comes from her unrestricted move- sort of revolutionary equality as "the prin- ty's counterpart, and she bristled when she ment; but the risk of capture is great, and a cipals" and chart her moods and interests was not included in many of the same player without a queen is at a fatal disad- with as much care as his. Few were hired meetings he attended. "She told people vantage. Clinton's presidency would be se- without an audience with her; when the that they had equal rank," said an Adminis- verely disabled by a direct hit to his wife. President has a question about almost any tration insider. "The only person who So, as the Whitewater story has wound sensitive issue that arises, the refrain is the could have given her that impression was tighter around her, opponents, supporters same: "Run this past Hillary." Hillary herself." and observers of the Clinton Administra- The First Lady and her chief of staff Washington conventional wisdom holds tion alike have been faced with the simulta- Williams have walk-in rights to most White that Hillary Clinton, her staff and their ON A TEAR? Clerks Lindsey "Don't assume they were his documents." According to Hedges, and Hedges, right, say when he answered in turn that he was certain, Jones told him, they were directed at the "Don't assume that they have anything to do with the Rose Law office, left, to shred Foster's papers investigation." Rose partners shrug off the story, insisting, plausibly, that if the failed S&L headed by they had anything to hide, they would not have gotten two low- James McDougal, the er-rung employees to do their dirty work. Hedges says senior Clintons' partner in partners would be just as unlikely to risk attracting suspicion by Whitewater. In 1989 the doing something out of the ordinary-like their own shredding. firm represented the FDIC "People get suspicious." in a suit against Madison's Tired of the spotlight-and of being compared to the fishy auditors, despite the fact practitioners in The Firm-Rose is showing the strain. Some that, four years earlier, members of the firm have knives out for the big names whose Hillary had dealt with troubles have come back to haunt the firm. They leaked word state regulators on Madi- that Rose was conducting an internal review of Hubbell to de- son's behalf. termine whether he had overbilled clients and misused his ex- Spokesmen for the pense account. And politically conservative partners are also firm say it began shredding to protect confidential client infor- said to be itching to undercut Rose alumni attached to the Dem- mation during the 1992 primary campaigns, when reporters ocratic White House. The Washington Times reported last week were discovered rummaging through office garbage. In late Jan- that in connection with the expense-account questions, an un- uary, after special counsel Robert Fiske announced the start of identified group of partners is thinking of filing an ethics com- his Whitewater investigation, Hedges and another courier, plaint against Hubbell with the Arkansas Supreme Court. Clayton Lindsey, say they spent an hour shredding documents The Whitewater fallout is also being felt by Rose's man in plainly marked VWF. The only lawyer at the firm with those ini- Washington, Allen Bird II. But he predicts Rose will pursue tials was Vince W. Foster. At a meeting with managing partner plans to open "a legislative practice" in Washington, a term for Ronald Clark and others a few weeks later, they were informed lawyer-lobbyists. While he promises they won't be selling ac- that they would have to answer FBI questions and testify before cess, that won't keep them from picking up the phone: "We de- the Whitewater grand jury. Hedges says they were told to tell cided we would feel free to contact anyone in the Administra- the truth and "not to do anything to protect the firm." But when tion anytime we felt it was appropriate, legal and ethical." It's Hedges informed senior partner Jerry Jones that he would tell hard to know how much comfort to take from that. -Reported by the FBI he had shredded Foster documents, Jones replied. Richard Behar New York and Suneel Ratan Rock TIME MARCH 21. 1994 33 mostly female allies consti- paign veterans the notion Top Administration officials are now tute one camp in the that the best course is usu- outspokenly critical of the White House White House, while "the ally denial and counterat- staff for creating a fiasco that threatens to white boys" around the tack-hence the charge derail the President's legislative agenda. President lead another that the Republicans are "They have never had a strong staff, either camp. Many blamed the blowing up Whitewater one of them," contends a longtime ally of poor handling of for their own advantage. Hillary's. "They didn't have to have a first- Whitewater on a split be- But the two sects have not rate staff in Arkansas. They didn't need one tween the two teams. But always agreed. It was there. They just had to be first-rate them- the Clinton White House Ickes, a longtime Hillary selves. When they got to Washington, they is a far more complicated confidant, who forced the didn't go through the process of a nation- place than that, a hive of Clintons to accept a spe- wide search to hire people for the White many camps, linked by cial counsel when Nuss- House as they did for the Cabinet. They bridges that make easy di- baum and Susan Tho- looked only at the campaign." visions not only impossible mases argued vehemently but misleading. There are against it. LTHOUGH THERE WAS A LONG LIST age camps, ideological The hallmark of Hilla- camps, long-standing She is too proud ry's staff seems to be an A of experienced Democrats ready to help, the Clintons did not ap- friendships and clusters intense loyalty that bor- point a single old Washington around key officials that to call for support. ders on paranoia, and a hand to the new staff. "They didn't defy simple categories. determination to guard want any strong wills around The best breakdown And you will not her privacy at all costs. them," observed a prominent Democrat isn't spousal but historical: The very intensity of loy- who has known both Clintons since college there is a "campaign catch a muscle of her alty, in fact, may have days. "They don't want anyone in the camp" and a "governing jaw moving, but if done her harm. "A lot of White House who knows where the skele- camp." The first, inhabited people believed last De- tons are buried." Only when disaster struck by Stephanopoulos, Har- I were her I would be cember that they could did they reach out to the grownups: first old Ickes, Paul Begala, do Mrs. Clinton a favor David Gergen and last week Lloyd Cutler, Mandy Grunwald, James seething. by volunteering to go a seasoned veteran of Washington's politi- Carville and the swarm of on television and talk cal warfare. communications minions, to reporters about The arm's-length strategy toward the tend to be fighters, coun- Whitewater," a White press reflects her staff's careful manage- terpunchers and by habit unconciliatory. House veteran observes. "The idea was, do ment of the First Lady's image-or rather, The governing camp, by and large, came on a little dirty work and get a merit badge." images, as she veers between the high-pro- board later, and is led by Gore, McLarty, But Whitewater turned out to be full of file policymaker and the casual sports fan Gergen and others who, to some extent by quicksand. "They get on TV and discover it chatting with David Letterman's mom, live accident, are more moderate, more Wash- is not that easy. Rather than pleasing Hilla- from Lillehammer. At times, in fact, her ington, have closer ties to business, and ry, they are going to piss her off. And so staff seems to be trying to make her appear have never associated with insurgent party what starts as a big opportunity to score less influential than she is. A year into the politics. some big brownie points with the boss, or heavy health-care work, her staff still takes A subset of the first group is Hillary's his wife, ends up backfiring." conspicuous pains to showcase her tradi- team, many of whom, like Williams, Susan Thomases, Ira Magaziner and, until last week, Nussbaum-worked on the cam- paign. "People love working for her," says Anne Wexler, a senior officer in the Carter White House who keeps in close touch with the Clintons. "Her operation is the most or- ganized, the most focused, the most coordi- nated and the most disciplined in the White House." And all the focus and discipline is directed toward a single goal: protect Hilla- ry. As a White House veteran put it, "They are a force within a force within a force." It is Hillary's camp, in alliance with the campaign group, that has buttressed, rath- er than sought to break down, her instinct to stonewall her way through this mess. Theirs is a lawyerly culture: attorneys by training aren't forthcoming, they tell noth- ing, give away little and generally plead the alternatives, if just for fun. The First Lady has been surrounded by like-minded legal eagles for most of her adult life, and those who remain believe in denial as a first course of action. It is a legal outlook, not a political one. Hillary's advisers share with the cam- WHITEWATER: The Clintons were expected to build a home by the bluff in the foreground TIME MARCHINE DW tional First Lady doings, visiting schools ise and hospitals and entertaining, while keep- OTHE POLITICAL INTEREST to ing the details of her private work schedule By Michael Kramer da. from public view. Such behavior inspires the conserva- of tives' charge that she is trying to have it rst- both ways, hiding her power and her liber- Caught in the Web al agenda behind a traditional role. In a ine way, Hillary Clinton, the feminist champi- HE PRESS ROUTINELY DESCRIBES HIM AS A "CENTRAL FIGURE" IN THE È on, has had a hard time living out that old T scandal. "He should be fired," says Republican Senator Al D'Amato. Or ey on- feminist slogan "The personal is political." at least put "out of the picture" on an unpaid leave of absence, said Re- lite Politics is more personal for her than for publican Senate Leader Bob Dole last Friday. The target of these attacks any First Lady in modern memory. Some is Deputy Treasury Secretary Roger Altman, the latest Clinton Administration ey of her defenders attribute the attacks official caught in the Whitewater affair's web of fact and innuendo. on her as the predictable assault on a Political trouble threatens all in its path indiscriminately. Public officials ST strong, outspoken feminist. "It's a small served with subpoenas suffer tarnished reputations no matter the ultimate re- dy but pathetic gang of right-wingers who sult-which is why distinctions should be drawn. Where does Altman fit? hate Hillary not because of what she's With impressive government experience already behind him, Altman prob- P done but because their mammas didn't ably felt confident that he knew the rules of the game when he joined Clinton on n't breast-feed them," said adviser Paul Be- last year. As Jimmy Carter's Assistant Treasury Secretary, Altman helped engi- nd gala last week. neer the Chrysler bailout. Thanks to his talent and good luck (he and Clinton at Some of Hillary's aides see her frustra- became friends in college), Altman is tion and exhaustion growing, especially as now Lloyd Bentsen's understudy. He is ge he the health-care marathon drags on and on, also acting head of the Resolution Trust le- with ever diminishing chances of Con- Corporation, an assignment he accept- ick gress's passing a program that even resem- ed to fill a temporary vacancy in the rst bles the one she worked so hard to develop. RTC'S chairmanship. This is the chore "There have been days when we would that has sullied him. er, iti- tumble onto a plane at the end of a day," a The job is particularly sensitive be- staff member recalls, "and she would say, 'I cause the agency is trying to recapture the hurt from the top of my head to the bottom money lost from failed savings and of my feet.' loans like Madison Guaranty of Little :e- Most upsetting is the fact that her hus- Rock, the institution with ties to the er, band's agenda, for which she too has fought Clintons' hapless Whitewater Devel- & so hard, is embattled by a mess arising opment Corp. As a result of Altman's an mostly from her own misjudgments. With congressional testimony, the public :ve midterm elections looming, the effect of now knows that Treasury officials held er Whitewater on Congress will be to loosen three meetings with White House ar he the President's already fleeting grip on par- aides to discuss the RTC'S Madison in- ty discipline and make it harder for him to vestigation. Administration officials es di- flex his legislative muscles. And it hands confirm that Altman didn't know about Altman's suffering unfairly the defenseless G.O.P. a badly needed stick. the first two. Those became public af- "We don't want to be distracted from the ter Altman acknowledged that he himself called the third for last Feb. 2, a ses- big issues that we're working on," said Ste- sion he describes as a "brief heads-up" designed to tell the White House what phanopoulos. "That's not going to stop the procedures the RTC would follow before the statute of limitations on potential Republicans from trying. They can't run on lawsuits involving Madison expired at the end of that month. (Congress extend- the economy. They can't run on health ed the statute's deadline shortly thereafter.) Altman has sworn that he didn't care. They can't run on welfare. They can't communicate anything about the substance of the RTC'S Madison inquiry. He run on crime. So they're trying to exploit couldn't have done so, he says, because he has purposely avoided knowledge of this issue. We shouldn't make mistakes to the RTC'S cases. So far, no evidence disputes his contention. allow them to do that." What's most significant in weighing Altman's culpability is his actions before A politician who brought to the White the White House meeting. Unlike those involved in the other White House ses- House a reputation for slickness may have sions, Altman sought to avoid any impropriety, or even its appearance, by clear- particular trouble getting some moral ing his meeting in advance with Treasury's ethics office. The question: Would it traction-especially if those around him be proper to convey the innocuous facts regarding the statute of limitations- are afraid to confront his demons. A top facts that had already been provided to inquiring congressional staff members? Administration source said there is only Assured there was no problem, Altman proceeded. one group capable of changing Clinton's On Feb. 24, Altman told Congress about his Feb. 2 meeting. Republicans re- mind about the way his White House runs: sponded predictably, charging improper conduct. On the following day, Altman "What it will take is for the Wise Owls- recused himself from any further RTC decisions involving Madison, even though Vernon Jordan, Warren Christopher and Treasury and RTC ethics officials say he had no legal obligation to do so. Unsub- Lloyd Cutler-to walk into the Oval Office stantiated reports allege that Altman sought the advice of White House aides be- and say, 'Get the amateurs out, or we're fore his recusal. He denies that charge, and Administration officials support him. going to lose the presidency.' The official Where does Altman stand now? Under a cloud. Too few news reports mention sighed deeply and continued, "I can't be- that Altman's meeting was cleared by Treasury's ethics office; too many critics ig- lieve we're at this point. It breaks your nore his admission that despite such clearance, the meeting should not have OC- heart." Reported by Ann Blackman, curred. So. fault Altman for political naiveté but, unless new information surfaces. Nina Burleigh and Michael Duffy /Washington not for venality. A lot about Whitewater smells. Altman doesn't. TIME MARCH 21. 1994 37 NATIONAL AFFAIRS I'V. but that's it." He added that the Clintons stopped re- TELL AGNEW cover tederally insured depos- its lost by insolvent SE-Ls-had ceiving information on the part- THE STOP virtually written off any fur- nership after March 1992 Their ther criminal investigation of assets have since been placed TRUTH THE LIES Madison. But in March 1992. in a blind trust. Smith. a Repub- The New York Times published lican. is angry at what he saws is its account of McDougal's rela- a reckless partisan charge. tionship with the Clintons. "Here we have SI US repre- which included the ill-fated sentatives They represent us. Whitewater partnership. The They're supposed to have some ETHICS story's implication was that sense of justice." he said. "But McDougal had offered the they made not one phone call to politically powerful couple a check and see if their informa- STUPID! sweetheart land deal in ex- tion might not be talse." change for favorable regulatory Meanwhile. the White House treatment for his banking in- still faces the inevitable pros- terests. The RTC decided to pect of congressional hearings have another look. and put on Whitewater. The NEWS- Lewis in charge of the renewed WEEK Poll shows that a small investigation. majority of the public- per- THE POLITICAL TOLL: Partisan critics took on a more strident By the summer of 1992. cent- would like to see them. tone, and some protesters gathered in Washington according to sources. the RTC's Fiske secured a partial vic- Kansas City office had com- tory last week. when Senate piled a 21-page report targeting GOP leaders agreed to hold off until after Mo., field office. is expected to offer de- McDougal and his wife. Susan. for crimi- June 1. giving him time to wrap up at least tailed testimony about her disputes with nal investigation. Agency sources say the White House phase of his investigation. agency officials. that the Clintons were not named as inves- But the administration faces the immediate Lewis. who would not return phone calls tigative targets. but were nevertheless problem posed by the House Banking last week. is a key figure in the Madison mentioned as potential beneficiaries of Committee. where Republicans want to investigation. The story begins in 1990. possible illegal acts by the McDougals. turn next week's routine hearing on sav- when McDougal was acquitted on federal including the draining of Madison ac- ings and loan regulation into a Whitewa- bank-traud charges that grew out of Madi- counts. A summary of the report reached ter forum The panel's ranking minority son's 1989 failure. At that point the RTC- top officials at the Justice Department member Rep. Jim Leach. released a list of created by the Bush administration to re- in early October 1992. but the Bush admin- 40 potential witnesses that istration-already under fire reads like a who's who of WHITEWATER METER for charges that State Depart- Whitewater. from James and ment officials had tampered Susan McDougal to a Rose This week, NEWSWEEK installs a meter to help gauge Whitewater rushing by. with Clinton's passport file- Law Firm courier who alleged What looks trivial now may look criminal later-and vice versa: elected to ignore a matter last week that documents be- bound to cause more trouble longing to Vincent Foster were 5 SHREDDING: Shredding at law firms is routine. And on the eve of a. presidential destroved after Fiske had an- the Rose Law Firm shredders say they saw nothing election. nounced that he would be re- about Whitewater in the old documents they say The case sat in the Jus- viewing Foster's death. belonged to Vincent Foster. Plus, It seems unlikely tice Department's criminal di- Leach will face a fight from TRIVIAL CRIMINAL that in a genuine cover-up a 20-year-old courier vision through the transition to Democratic Banking chairman would be enlisted to destroy evidence. But given Foster's suicide, why the Clinton administration. In Henry Gonzalez. who will at- were any of his files destroyed? Anonymous sources claim that Hillary March 1993. attorneys conclud- tempt to bar Whitewater ques- Clinton herself ordered shredding in 1992. If she did, the meter will move. ed that the matter did not war- Tons But it the hearing does rant investigation. but left the come off. it could raise new 5 RTC BRIEFINGS: Two briefings were merely improp- final decision to federal prose- questions about political inter- er; one looks like something worse. On Sept. 29, 1993, cutors in Little Rock. who ference in the federal investiga- Treasury general counsel Jean Hanson told White quickly concurred. But it was tion of Madison Guaranty. Leach charged last week that TRIVIAL CRIMINAL House counsel Bernard Nussbaum that the Clintons several months before the RTC would be named as beneficiaries of possible illegal investigators in Kansas City investigators in the Resolution activity at Madison Guaranty S&L Unlike the later meetings, that early learned of Justice's decision Trust Corporation (RTC) were heads-up suggests political Involvement in a legal proceeding. But there's to bounce the referral. In "gagged and possibly coerced" no evidence right now that the White House tried to block a probe. the interim. an RTC source by agency lawvers who want- savs. Lewis and others con- ed to delete mention of the 5 HILLARY'S STOCKS: This one looks like pure partisan- tinued to gather information Clintons from documents rec- ship. Although the Clintons should have put their for a new. expanded criminal ommending the Madison case holdings into a blind trust earlier, it's hard to imag- referral. to the Justice Department ine that Hillary knew one of her Investment funds This time. according to con- for possible criminal action. TRIVIAL CRIMINAL was selling a few health-care stocks short before gressional and RTC sources. Leach refused to elaborate But her attack on drug companies. Besides, the fund lost more on health Lewis had collected infor- NEWSWEEK has learned that stocks it held. Lawmakers making a stink routinely vote on health issues mation suggesting that the lean Lewis. a criminal investi- without divesting. Whitewater land venture-co- gator 11" the RTC's Kansas City Continued BETWEEN THE LINES The Whitewater Media Arc Denied many facts, the press rides its own mood swings BY JONATHAN ALTER FTER FOUR MONTHS OF STEADY STORIES, WE STILL estate, law firms and state government led to huge losses for A have no idea if Whitewater is cancer or hemorrhoids. taxpayers. Having mostly missed the $200 billion S&L fiasco in Either way, the dynamics of the press coverage are the '80s, editors figured the least they could do was break some perfectly predictable. Regardless of the scale of wrong- stories on the $60 million in Madison Guaranty losses in the '90s. doing, the are of scandal moves from frenzy to boredom After finally agreeing to a special counsel, Clinton aides and back again. The media child naps, stirs, races around the thought they would enter another lull in the cycle. But they forgot room, loses attention, rests, then wakes in full cry. You can something important. After pumping considerable resources into almost set your watch by it. The pattern goes like this: the story, news organizations were not likely to go away empty- First comes the journalistic prophet, in this case Jeff Gerth of handed. And so the return-on-investment phase began. The first The New York Times, who in March 1992 broke the story of the sign was that revelations that might otherwise have been small or Whitewater investment and the Clintons' connection to the own- medium-size news were played as earthshaking. Take the White er of a failed savings and loan. (To this day the Gerth stories House contacts with the Treasury Department. A valid story, but comprise about 80 percent of what we know about Whitewater.) worthy of page one day after day? Former FDIC chairman Wil- But the Clinton campaign skillfully de- liam Seidman writes in his memoirs flected questions, and the story disap- that C. Boyden Gray, George Bush's peared altogether from the news for White House counsel, did more I more than a year. receive a heads-up on the FDIC's The lull sets up the frenzy phase. probe of Bush's son Neil. He even tried Though Vincent Foster's suicide note for a change of venue. The press never didn't even mention Whitewater. his got near that story. But this time the death lent lurid color to a dry story. communication was treated like Wa- The White House bungled the sui- tergate. With the air full of the language cide aftermath, raising some real-and of scandal (resignations, subpoenas, imaginary-areas for inquiry. Sud- shredding, cover-ups, even "water"). denly journalism could read like mys- the are of the story all but demanded it. tery fiction-full of preposterous in- The return-on-investment F e nuendo (that Foster was murdered WIN McNAMEE-REUTER reached its peak last week in The New and his note forged, to name just one). The frenzy phase: Clinton besieged last week York Times. Jeff Gerth and two col- In this phase, good. aggressive stories leagues spent two months investigating and ridiculous ones whiz by at a furious pace. Did that The media Hillary Clinton's $100,000 profits in cattle futures in come from The Washington Post or Rush Limbaugh? child naps, the late '70s. Hillary made legal and ethical trades in Even news junkies can have trouble remembering. commodities on the advice of a close friend. who is As 1994 began, two elements ignited the frenzy. stirs, races outside counsel to a huge poultry business. Whatever The first was the clear arrogance and political stu- pidity of the Clintons themselves. Because a modi- around, rests, they were looking for, the reporters had to recoup their investment of time with a flimsy angle-that the fied stonewalling strategy had worked so well for then wakes in then Governor Clinton went easy on the poultry in- the Clintons in the past, they thought they could tough it out. Several aides tried to tell them the full cry dustry as a result of his wife's profits. But the econom- ic future of Arkansas was tied to poultry. the state's obvious-that this time it would just generate a dominant industry. Most governors would have pur- thousand more damaging stories. They refused to listen. sued a similar policy. The story ran on page one and a full page The second rocket booster for the media was a different Ar- inside, all but shouting "Scandal" to readers. It was fun to learn kansas story-the state troopers' allegations of sexual impropri- about Yuppie Hillary, but the story belonged in the business eties. The mainstream media disbelieved much of the tale. And pages, or perhaps the food section, where the Times usually runs ever since Gary Hart was driven from the 1988 campaign, many its diagrams of cows. editors have felt squeamish about sex stories. So-believing that The newest phase of the Whitewater are is boredom. Little they had given Bill Clinton a bit of a break during the campaign Rock is clearing out. That's not good either. What's needed (the Gennifer Flowers charges were never much pursued) and instead is a hardheaded look at all the sludge that floats by. again on the trooper story and Paula Jones sex charges-news Reporters and editors should ask themselves whether the latest organizations felt some need to show they could chase down the charge is yet another recycled "question" about Whitewater (as president's Arkansas past. Soon. legions of reporters and pho- Suzanne Garment writes in her book "Scandal," questions are a tographers made the trek to Little Rock. Deep Throat's old common way for the press to keep the story boiling between Watergate advice-"Follow the money!" became the war cry. revelations) or is it. miracle of miracles. an answer. a real fact? The frenzy phase may also have been driven by some uncon- There's been plenty of good Whitewater reporting. and the press scious guilt over how badly the press blew the huge SE-L scan- must stay aggressive. But the are of coverage. which is almost a dal. Some news organizations have used Whitewater almost as a cliche now in Washington. should give way to a calmer. more case study to explain the way cozy connections between real challenging dynamic: context. 21 U.S.NEWS Whitewater rapids When will the Clintons stop taking on water from the nonstop scandal? t was a rare moment at the White The Whitewater affair is no horse, but first couple that as far as he can tell they House last week when hundreds of it remains an albatross around the neck have not seriously violated the law. All aides assembled for a closed-to-the- of the administration. Clintonites contin- the Washington lawyer has found, they press meeting in the East Room. Its ue to insist there is little to fear. Insiders say, is tax errors and improper deduc- purpose was to buoy spirits as the tell U.S. News that the Clintons' private tions related to their investment in Whitewater controversy grew and 10 ad- attorney, David Kendall, has assured the Whitewater Development Corp., the in- ministration officials were subpoenaed to testify before a criminal grand jury. Chief of Staff Mack McLarty encour- aged the crowd to be proud of its ac- complishments. Hillary Rodham Clin- ton reminded the group of its important work by telling the story of an Arkansas woman who had endured a double mas- WHAT SHREDDING tectomy and had no health insurance to pay for it. (Some Clinton aides thought SOUND? this line. reminiscent of Mrs. Clinton's health reform speeches, was a bit heavy- handed.) The president himself best ex- pressed the dazed and confused mood of his staff. He quoted a bit of children's verse that he read to his daughter. Chel- sea. when she was younger: I was standing there, happy as can be. When along came someone Who tied a horse to me. HAVE H CAT WHITE 30 CARTOON STEVE BENSON FOR SMAR U.S.NEWS & WORLD REPORT MARCH 21. 1994 famous real-estate firm in which the story bleed" out in one embarrassing ses- Clintons say they lost money. Kendall sion rather than have it drag on and on. reportedly argues that the problems can But that did not quell the controversy, easily be fixed by paying back taxes and and more TV appearances for the Clin- penalties. Says one source: "[Kendall] tons were being contemplated. has said that at the end of the day, it's More hits. The problem is that the going to be an awful lot about nothing." Whitewater story has "legs," as journal- Perhaps. But even relatively small vio- ists like to say. There are three main THE PROSECUTOR'S BRIEF lations of tax law can wreck careers in segments of the complex scandal, and Washington. Consider the failed nomi- there are likely developments soon in each of them. The first involves the Clin- H ere are some of the questions nation of Zoë Baird to be attorney gen- special counsel Robert Fiske eral. More ominously for the Clintons, tons' tangled investment in the Jr. is likely to be asking about possi- the Whitewater story seems like it will Whitewater company with James ble criminal or ethical problems continue to fester, if not grow, despite McDougal. Attorney Kendall reportedly arising from the Whitewater affair: the best efforts of the White House to thinks the real problem centers here. The get it off the front page. second revolves around what kind of in- Whitewater/Madison and the Clin- Last week, Clinton tapped Lloyd Cut- fluence if the White House had tons. Were taxpayer-insured de- ler, a distinguished Washington attorney, on the probe of the Resolution Trust posits from Madison Guaranty to replace the hapless Bernard Nuss- Corp. (RTC) into McDougal's affairs. Savings & Loan diverted into the baum as White House counsel. But Cut- Fiske's Washington grand jury was look- Whitewater accounts to help the ler has agreed to serve only four to six ing into that last week. The third is what Clintons or the corporation? months-long enough for him to help some Republicans now allege in whispers Was Madison money illegally di- the Clintons comply with more subpoe- might become a cover-up. It involves the verted to pay off Bill Clinton's 1984 nas but not long enough to see the end of destruction of documents and questions gubernatorial campaign debt? the estimated investigation by special surrounding the death last summer of Did the Clintons claim tax de- counsel Robert Fiske Jr., who has been Vincent Foster, the deputy White House ductions for Whitewater interest charged with examining the Whitewater counsel and Clinton friend who helped payments they did not make? affair; Fiske's efforts are expected to last handle some of the first couple's finan- Was it improper for Mrs. Clin- from one to two years. The president also cial affairs. Senate GOP Leader Bob ton to represent Madison in 1985 held an extraordinarily lengthy news con- Dole said last week that the Foster death as it was seeking approval for new ference - an effort, said aides, "to let the could be the most explosive aspect of the capital from a state regulator ap- story. Though rumors have swirled about pointed by Bill Clinton? the circumstances of Foster's death, Vince Foster's death. Did White ABC News aired photos from the death scene that made a com- House officials withhold docu- pelling case that Foster had ments found in the office of Vince killed himself. Foster. the deputy White House One thing that might counsel who died last July, relating to Madison and Whitewater? drive the story in coming Did White House officials ob- struct the U.S. Park Police investi- gation of Foster's death? Secret meetings. Did meetings between Treasury Department and White House officials affect the Resolution Trust Corp.'s in- vestigation of Madison Guaranty? FOREIGN POLICY Rose Law Firm. Did Hillary Clin- ton's former law firm shred impor- tant files after Fiske indicated the scope of his probe? Were there conflicts of interest when Rose represented the feder- al government in a suit against au- ditors who gave an optimistic as- sessment of Madison's finances? And why were the concerns of field officers about a possible con- flict ignored by top brass at the Federal Deposit Insurance Corp.? David Hale. Did Clinton pressure Hale. a government-investment WATER contractor. to make a fraudulent $300.000 loan to Whitewater part- ner Susan McDougal? U.S.NEWS & WORLD REPORT. MARCH 21. 1994 31 U.S. NEWS days is congressional hearings, which could begin as soon as next week if the House Banking Committee uses a hear- GERGEN'S DYING DREAM ing on the RTC to examine Whitewater. But the issue of hearings is touchy. Fiske W hen David Gergen left U.S. Gergen was widely blamed for the re- does not want them to jeopardize his News last year to join the Clin- mark. He denies it. probe, and he has asked GOP lawmak- ton White House as counselor to the Gergen has also crossed swords ers to hold back. Republican Rep. Jim president, the former Nixon-Ford- with senior Clintonites, most notably Leach, a leading critic of the Clintons on Reagan aide said that he was doing so Hillary Rodham Clinton. He favors a Whitewater, wants to press ahead. in a spirit of bipartisanship. But in the far less sweeping health care reform Leach aides are probing McDougal's wake of the Whitewater scandal, it is than the one devised by Mrs. Clinton's loans and real-estate deals to see if they becoming apparent that Gergen's task force. And insiders say the 51- might have ended up aiding the Clin- dream of seeing Washington run as year-old Southerner has had a tons' investment in Whitewater. cordially and nonideologically as the strained relationship with Harold Ick- The Iowa moderate has some 40 wit- Renaissance Weekends he and the es- partisan, tart-tongued New nesses he wants to question. And what president have long enjoyed won't York lawyer who last year became might turn up? "I have complete confi- come true. Last week, for instance, deputy chief of staff. Gergen is quick dence that major former Reagan aide Lyn Nofziger told to note that Ickes has invited him to character flaws will be revealed and that reporters of his delight at seeing Clin- more health care meetings. "I'm glad ton aides hauled into court: "Nice to he's here," says Gergen. Still, Gergen misdeeds have oc- see the blood flow." plays only a marginal role in the ad- curred," Leach says. Even though Gergen was brought ministration's largest policy initiative. He told U.S. News, into the administration as a white He expects that his role will grow as though, that he has knight, he has seen some of his own the debate moves through Congress. no intention of call- blood flow. Younger Clinton aides Not surprisingly, Gergen talks open- ing the first lady to who are proudly partisan see him as ly about leaving the administration testify. Democrat an accommodationist who would like some time before Congress goes home Henry Gonzalez, the to see the world run by blue-ribbon for the elections or perhaps in early Counsel. Cutler panel chairman, panels of Washington establishment 1995. A university setting-insiders say could cancel the types. "It's true," laughs Gergen. The Harvard or Duke, most likely - is whole enterprise, however. He said in a youth brigade also take umbrage at where Gergen might head, rather than letter to Leach: "There is nothing more his inviting Watergate figure John straight back into journalism. Beyond absurd even repugnant- than the Ehrlichman to dine at the White the question of Gergen's résumé, spectacle of you bunch of Republicans House. They also see Gergen as a though, is the larger issue of whether in fits and paroxysms of morality." leaker. When an administration offi- the capital culture can be as friendly as In the Senate, interest is focused on cial was recently quoted as describing Dave's World. Last month, he wrote a what happened in Washington, not back the president's situation as "perilous," memo to the president urging him to in the Ozarks. Republicans led by Sen. keep a bipartisan focus in all his initia- Alfonse D'Amato seem willing to delay tives. As the Clinton health care plan hearings until Fiske has finished depos- gets pummeled and as Whitewater fur- ing administration officials - process Team turmoil. ies grow, however, that approach that could last until summer. McLarty, Gergen, seems increasingly unrealistic. Overlying all of this, of course, is the Stephanopoulos usual cloud of Washington hypocrisy. BY MATTHEW COOPER The White House actively fought the ap- pointment of a special counsel in the Whitewater case; now, it is using the Fiske investigation to try to avoid the public scrutiny of congressional hearings. On Capitol Hill, Republicans who spent the 1980s chastising congressional Dem- ocrats for meddling in the affairs of Ron- ald Reagan's executive branch now insist on congressional oversight. Still, the drip, drip, drip of Whitewater events is hurting Clinton. The most dam- aging headlines last week focused on the 10 administration officials who marched into court past a throng of reporters to testify before Fiske's grand jury about meetings they held before the RTC sent a criminal referral of its findings against McDougal to the Justice Department. (These ended up naming the Clintons as possible beneficiaries of questionable ac- 32 U.S.NEWS & WORLD REPORT MARCH 21. 1994 U.S. NEWS marked with Vincent Foster's initials. Jeremy Hedges, a 20- tivities by McDougal but did not year-old college student who say they were culpable.) Clinton took part in the shredding, told officials conceded the meetings U.S. News he is sure the files should not have taken place but were Foster's because they were vowed no influence was exerted marked VWF, and "nobody over the RTC probe. else at the firm has those ini- It turns out that several more tials." Hedges says that he did administration officials had not see any references to contacts with RTC authorities Whitewater, McDougal or his before the referral was made on thrift, Madison Guaranty Sav- Oct. 8, 1993, and many in the ings & Loan. Ron Clark, a upper echelons of the adminis- spokesperson for the firm, tration including the presi- claims the papers were routine dent-knew about the referral internal memorandums. before the first press leaks The timing of the incident is as about it were published by the GOP pit bull. Jim Leach wants hearings on Whitewater. crucial as the contents of the Washington Post on October 31. documents; if they contained in- Republican Leach charged in a letter White House, more high-publicity sub- formation related to the scandal and the last week that officials in the Kansas City poenas are expected to come soon. shredding took place after Fiske's ap- branch of the RTC, which investigated The word "shredding" is also driving pointment, then Hillary Clinton's former McDougal, "are being gagged and possi- the Whitewater story. Two couriers for firm could be guilty of obstructing jus- bly coerced" by their Washington the Rose Law Firm in Little Rock claim tice. Although neither Hedges nor his bosses. Even worse for the Clinton that they shredded a box of documents fellow shredder, Clayton Lindsey, can partner of Hillary Clinton, hope Clinton is not a White House another alumnus of the Rose employee." She gets no salary Law Firm will come to his res- and has no formal job title. But cue. They're assuming that he recalls that the public associate White House didn't see it that way when THE WHITEWATER FILES counsel William Kennedy, Nancy Reagan tried to who used to be managing claim she was not subject A s the Clintons try to control the damage from the scandal A partner at the firm, will re- to employee ethics rules and Republicans hope to push it deeper into voters' minds. fute allegations that Hub- when she was donated here are some of the sidelights and insights that have emerged bell overbilled his clients. expensive evening as the Whitewater story continues to gather momentum: gowns. "People care Treasury Secretary about the spirit of the The probe by special coun- Bush without filing charges, Lloyd Bentsen is very law, not the technical- sel Robert Fiske Jr. into Republicans first hoped to bar anxious to protect the ities, the lawyer says. Whitewater has addled con- special probers from casting career of Jean Han- gressional negotiators who are aspersions on persons who son, his department's Most reports trying to renew a law dealing had not been indicted. Now counsel. Others say about Mrs. Clin- with special prosecutors. An- that Fiske is probing Demo- she created prob- ton's interview with gry that Iran-Contra prosecu- crats. insiders say the GOP lems by meeting Elle magazine tor Lawrence Walsh criticized will be more than willing to let with White House missed her most Ronald Reagan and George prosecutors say their piece aides to discuss the ironic quote: "I am about the facts of a case. The RTC probe of just not interested in ban on making accusations of James McDougal's spending my days lawbreaking if no charges are bankrupt S&L. Nancy Reagan said filed should stand. she didn't fall under falling into the trap Bentsen believes she government ethics that the fomenters is being unfairly rules when dresses of all this want us Backers of Webb Hubbell, tarred because she were donated to her. to-which is to be- the No. 3 man at the Justice was at one meeting The public disagreed. come isolated and Department and former law to make sure the dis- on the defensive cussions were ethical and and diverted." Webb Hubbell, one of Hillary took part in another meeting Clinton's law partners who only after it was cleared by Final thoughts from scandal came to Washington, is now Treasury's ethics officer. watcher and ex-Sen. Warren battling charges that he Rudman: "This does not com- overbilled clients at the firm. One GOP attorney familiar pare to Iran-Contra or Water- with White House rules says: gate. What you may have is evi- "As a technical matter, Mrs. dence of world-class stupidity." 34 U.S.NEWS & WORLD REPORT MARCH 21. 1994 ROSS D THE WASHINGTON TIMES pinpoint the exact date. of a "war room" and their in- Hedges says he's fairly certain sistence upon seeing political Fiske was on the job. opponents as enemies led to Both of the self-described sloppiness and indiscretion. In shredders will appear before a all likelihood, White House of- Little Rock grand jury this ficials met with Treasury De- week. Fiske's inquisitors no partment officials overseeing doubt will question the two the investigation into Madison about their previous work. Guaranty to figure out how to Hedges, for instance, recalls "spin" the story in the news. It shredding files belonging to didn't help, either, that some Hillary Clinton sometime "af- participants have too many ter the election," although he roles to play. A case in point: admits they "could've been Roger Altman, the deputy anything." Adding partisan Treasury secretary and the act- spice to the controversy, ing head of the RTC and a fre- Hedges and Lindsey are now quent political war-room lead- working with longtime Clin- Different probes. Prosecutor Fiske (left) meets D'Amato. er in the White House. ton nemesis Floyd Brown in So far, the known sins of the trying to get their story out. and in her legal work connected to Clintonites seem far less serious than Flaws exposed. While prosecutors and McDougal's now defunct financial em- those of the Nixon or Reagan eras. No congressional scolds do their work, pire. "Hillary has an intense desire to one here planted illegal wiretaps or trad- friends of the Clintons have their own protect her reputation, the idea that she's ed arms to terrorists. But what is clear: explanation for where this is all going. one of the 100 smartest lawyers in Ameri- Bill Clinton, his wife and his underlings They think small legal problems have ex- ca," says a Clinton friend. are not simply victims of Washington's ploded to near disastrous proportions But if her shortcomings have produced cannibalistic culture as they claim. They because of a baffling, even haughty de- problems on the financial side of the sto- tied this horse to themselves. No one did fensiveness on the part of the Clintons ry, the president and his political aides it to them. especially the first lady. Hubris, these are more to blame for the maladroit way friends say, is the problem: She refuses to the scandal has been handled. Their per- BY MATTHEW COOPER WITH GLORIA admit she might have made mistakes in manent campaign mentality, their pro- BORGER. 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Distributor. 009 March 21 \ U.S. NEWS Whitewater rapids When will the Clintons stop taking on water from the nonstop scandal? t was a rare moment at the White The Whitewater affair is no horse, but first couple that as far as he can tell they House last week when hundreds of it remains an albatross around the neck have not seriously violated the law. All aides assembled for a closed-to-the- of the administration. Clintonites contin- the Washington lawyer has found, they press meeting in the East Room. Its ue to insist there is little to fear. Insiders say, is tax errors and improper deduc- purpose was to buoy spirits as the tell U.S. News that the Clintons' private tions related to their investment in Whitewater controversy grew and 10 ad- attorney, David Kendall, has assured the Whitewater Development Corp., the in- ministration officials were subpoenaed to testify before a criminal grand jury. Chief of Staff Mack McLarty encour- aged the crowd to be proud of its ac- complishments. Hillary Rodham Clin- ton reminded the group of its important work by telling the story of an Arkansas woman who had endured a double mas- WHAT SHREDDING tectomy and had no health insurance to pay for it. (Some Clinton aides thought SOUND? this line, reminiscent of Mrs. Clinton's health reform speeches, was a bit heavy- handed.) The president himself best ex- pressed the dazed and confused mood of his staff. He quoted a bit of children's verse that he read to his daughter, Chel- sea, when she was younger: I was standing there, happy as can be. When along came someone Who tied a horse to me. CAN HALL-H SPPe WHITE 30 CARTOON STEVE BENSON FOR USN&WR U.S.NEWS & WORLD REPORT. MARCH 21. 1994 famous real-estate firm in which the story bleed" out in one embarrassing ses- Clintons say they lost money. Kendall sion rather than have it drag on and on. reportedly argues that the problems can But that did not quell the controversy, easily be fixed by paying back taxes and and more TV appearances for the Clin- penalties. Says one source: "[Kendall] tons were being contemplated. has said that at the end of the day, it's More hits. The problem is that the going to be an awful lot about nothing." Whitewater story has "legs," as journal- Perhaps. But even relatively small vio- ists like to say. There are three main THE PROSECUTOR'S BRIEF lations of tax law can wreck careers in segments of the complex scandal, and Washington. Consider the failed nomi- there are likely developments soon in each of them. The first involves the Clin- H ere are some of the questions nation of Zoë Baird to be attorney gen- special counsel Robert Fiske eral. More ominously for the Clintons, tons' tangled investment in the Jr. is likely to be asking about possi- the Whitewater story seems like it will Whitewater company with James ble criminal or ethical problems continue to fester, if not grow, despite McDougal. Attorney Kendall reportedly arising from the Whitewater affair: the best efforts of the White House to thinks the real problem centers here. The get it off the front page. second revolves around what kind of in- Whitewater/Madison and the Clin- Last week, Clinton tapped Lloyd Cut- fluence if any the White House had tons. Were taxpayer-insured de- ler, a distinguished Washington attorney, on the probe of the Resolution Trust posits from Madison Guaranty to replace the hapless Bernard Nuss- Corp. (RTC) into McDougal's affairs. Savings & Loan diverted into the baum as White House counsel. But Cut- Fiske's Washington grand jury was look- Whitewater accounts to help the ler has agreed to serve only four to six ing into that last week. The third is what Clintons or the corporation? months-long enough for him to help some Republicans now allege in whispers Was Madison money illegally di- the Clintons comply with more subpoe- might become a cover-up. It involves the verted to pay off Bill Clinton's 1984 nas but not long enough to see the end of destruction of documents and questions gubernatorial campaign debt? the estimated investigation by special surrounding the death last summer of Did the Clintons claim tax de- counsel Robert Fiske Jr., who has been Vincent Foster, the deputy White House ductions for Whitewater interest charged with examining the Whitewater counsel and Clinton friend who helped payments they did not make? affair; Fiske's efforts are expected to last handle some of the first couple's finan- Was it improper for Mrs. Clin- from one to two years. The president also cial affairs. Senate GOP Leader Bob ton to represent Madison in 1985 held an extraordinarily lengthy news con- Dole said last week that the Foster death as it was seeking approval for new ference - an effort, said aides, "to let the could be the most explosive aspect of the capital from a state regulator ap- story. Though rumors have swirled about pointed by Bill Clinton? the circumstances of Foster's death, Vince Foster's death. Did White ABC News aired photos from the House officials withhold docu- death scene that made a com- ments found in the office of Vince pelling case that Foster had killed himself. Foster, the deputy White House One thing that might counsel who died last July, relating to Madison and Whitewater? drive the story in coming Did White House officials ob- struct the U.S. Park Police investi- gation of Foster's death? Secret meetings. Did meetings between Treasury Department and White House officials affect the Resolution Trust Corp.'s in- vestigation of Madison Guaranty? FOREIGN POLICY Rose Law Firm. Did Hillary Clin- ton's former law firm shred impor- tant files after Fiske indicated the scope of his probe? Were there conflicts of interest when Rose represented the feder- al government in a suit against au- ditors who gave an optimistic as- sessment of Madison's finances? And why were the concerns of field officers about a possible con- flict ignored by top brass at the Federal Deposit Insurance Corp.? David Hale. Did Clinton pressure Hale, a government-investment WATER contractor, to make a fraudulent $300,000 loan to Whitewater part- ner Susan McDougal? U.S.NEWS & WORLD REPORT. MARCH 21, 1994 31 U.S. NEWS days is congressional hearings, which could begin as soon as next week if the House Banking Committee uses a hear- GERGEN'S DYING DREAM ing on the RTC to examine Whitewater. But the issue of hearings is touchy. Fiske W hen David Gergen left U.S. Gergen was widely blamed for the re- does not want them to jeopardize his News last year to join the Clin- mark. He denies it. probe, and he has asked GOP lawmak- ton White House as counselor to the Gergen has also crossed swords ers to hold back. Republican Rep. Jim president, the former Nixon-Ford- with senior Clintonites, most notably Leach, a leading critic of the Clintons on Reagan aide said that he was doing so Hillary Rodham Clinton. He favors a Whitewater, wants to press ahead. in a spirit of bipartisanship. But in the far less sweeping health care reform Leach aides are probing McDougal's wake of the Whitewater scandal, it is than the one devised by Mrs. Clinton's loans and real-estate deals to see if they becoming apparent that Gergen's task force. And insiders say the 51- might have ended up aiding the Clin- tons' investment in Whitewater. dream of seeing Washington run as year-old Southerner has had a The Iowa moderate has some 40 wit- cordially and nonideologically as the strained relationship with Harold Ick- Renaissance Weekends he and the es-a partisan, tart-tongued New nesses he wants to question. And what president have long enjoyed won't York lawyer who last year became might turn up? "I have complete confi- come true. Last week, for instance, deputy chief of staff. Gergen is quick dence that major former Reagan aide Lyn Nofziger told to note that Ickes has invited him to character flaws will be revealed and that reporters of his delight at seeing Clin- more health care meetings. "I'm glad ton aides hauled into court: "Nice to he's here," says Gergen. Still, Gergen misdeeds have oc- see the blood flow." plays only a marginal role in the ad- curred," Leach says. Even though Gergen was brought ministration's largest policy initiative. He told U.S. News, into the administration as a white He expects that his role will grow as though, that he has knight, he has seen some of his own the debate moves through Congress. no intention of call- blood flow. Younger Clinton aides Not surprisingly, Gergen talks open- ing the first lady to who are proudly partisan see him as ly about leaving the administration testify. Democrat an accommodationist who would like some time before Congress goes home Henry Gonzalez, the Counsel. Cutler to see the world run by blue-ribbon for the elections or perhaps in early panel chairman, could cancel the panels of Washington establishment 1995. A university setting-insiders say types. "It's true," laughs Gergen. The Harvard or Duke, most likely is whole enterprise, however. He said in a youth brigade also take umbrage at where Gergen might head, rather than letter to Leach: "There is nothing more his inviting Watergate figure John straight back into journalism. Beyond absurd - even repugnant - than the Ehrlichman to dine at the White the question of Gergen's résumé, spectacle of you bunch of Republicans House. They also see Gergen as a though, is the larger issue of whether in fits and paroxysms of morality." leaker. When an administration offi- the capital culture can be as friendly as In the Senate, interest is focused on cial was recently quoted as describing Dave's World. Last month, he wrote a what happened in Washington, not back the president's situation as "perilous," memo to the president urging him to in the Ozarks. Republicans led by Sen. keep a bipartisan focus in all his initia- Alfonse D'Amato seem willing to delay tives. As the Clinton health care plan hearings until Fiske has finished depos- Team turmoil. gets pummeled and as Whitewater fur- ing administration officials process ies grow, however, that approach that could last until summer. McLarty, Gergen, seems increasingly unrealistic. Overlying all of this, of course, is the Stephanopoulos usual cloud of Washington hypocrisy. BY MATTHEW COOPER The White House actively fought the ap- pointment of a special counsel in the Whitewater case; now, it is using the Fiske investigation to try to avoid the public scrutiny of congressional hearings. On Capitol Hill, Republicans who spent the 1980s chastising congressional Dem- ocrats for meddling in the affairs of Ron- ald Reagan's executive branch now insist on congressional oversight. Still, the drip, drip, drip of Whitewater events is hurting Clinton. The most dam- aging headlines last week focused on the 10 administration officials who marched into court past a throng of reporters to testify before Fiske's grand jury about meetings they held before the RTC sent a criminal referral of its findings against McDougal to the Justice Department. (These ended up naming the Clintons as possible beneficiaries of questionable ac- 32 PHOTOS (LEFT) USN&WR U.S.NEWS & WORLD REPORT MARCH 21. 1994 U.S. NEWS marked with Vincent Foster's initials. Jeremy Hedges, a 20- tivities by McDougal but did not year-old college student who say they were culpable.) Clinton took part in the shredding, told officials conceded the meetings U.S. News he is sure the files should not have taken place but were Foster's because they were vowed no influence was exerted marked VWF, and "nobody over the RTC probe. else at the firm has those ini- It turns out that several more tials." Hedges says that he did administration officials had not see any references to contacts with RTC authorities Whitewater, McDougal or his before the referral was made on thrift, Madison Guaranty Sav- Oct. 8, 1993, and many in the ings & Loan. Ron Clark, a upper echelons of the adminis- spokesperson for the firm, tration including the presi- claims the papers were routine dent knew about the referral internal memorandums. before the first press leaks The timing of the incident is as about it were published by the GOP pit bull. Jim Leach wants hearings on Whitewater. crucial as the contents of the Washington Post on October 31. documents; if they contained in- Republican Leach charged in a letter White House, more high-publicity sub- formation related to the scandal and the last week that officials in the Kansas City poenas are expected to come soon. shredding took place after Fiske's ap- branch of the RTC, which investigated The word "shredding" is also driving pointment, then Hillary Clinton's former McDougal, "are being gagged and possi- the Whitewater story. Two couriers for firm could be guilty of obstructing jus- bly coerced" by their Washington the Rose Law Firm in Little Rock claim tice. Although neither Hedges nor his bosses. Even worse for the Clinton that they shredded a box of documents fellow shredder, Clayton Lindsey, can partner of Hillary Clinton, hope Clinton is not a White House another alumnus of the Rose employee." She gets no salary Law Firm will come to his res- and has no formal job title. But cue. They're assuming that he recalls that the public associate White House didn't see it that way when THE WHITEWATER FILES counsel William Kennedy, Nancy Reagan tried to who used to be managing claim she was not subject A s the Clintons try to control the damage from the scandal partner at the firm, will re- to employee ethics rules and Republicans hope to push it deeper into voters' minds, fute allegations that Hub- when she was donated here are some of the sidelights and insights that have emerged bell overbilled his clients. expensive evening as the Whitewater story continues to gather momentum: gowns. "People care Treasury Secretary about the spirit of the The probe by special coun- Bush without filing charges, Lloyd Bentsen is very law, not the technical- sel Robert Fiske Jr. into Republicans first hoped to bar anxious to protect the ities, the lawyer says. Whitewater has addled con- special probers from casting career of Jean Han- gressional negotiators who are aspersions on persons who son, his department's Most reports trying to renew a law dealing had not been indicted. Now counsel. Others say about Mrs. Clin- with special prosecutors. An- that Fiske is probing Demo- she created prob- ton's interview with gry that Iran-Contra prosecu- crats, insiders say the GOP lems by meeting Elle magazine tor Lawrence Walsh criticized will be more than willing to let with White House missed her most Ronald Reagan and George prosecutors say their piece aides to discuss the ironic quote: "I am about the facts of a case. The RTC probe of just not interested in ban on making accusations of James McDougal's spending my days lawbreaking if no charges are bankrupt S&L. Nancy Reagan said filed should stand. she didn't fall under falling into the trap Bentsen believes she government ethics that the fomenters is being unfairly rules when dresses of all this want us Backers of Webb Hubbell, tarred because she were donated to her. to-which is to be- the No. 3 man at the Justice was at one meeting The public disagreed. come isolated and Department and former law to make sure the dis- on the defensive cussions were ethical and and diverted." Webb Hubbell, one of Hillary took part in another meeting Clinton's law partners who only after it was cleared by Final thoughts from scandal came to Washington, is now Treasury's ethics officer. watcher and ex-Sen. Warren battling charges that he Rudman: "This does not com- overbilled clients at the firm. One GOP attorney familiar pare to Iran-Contra or Water- with White House rules says: gate. What you may have is evi- "As a technical matter, Mrs. dence of world-class stupidity." 34 U.S.NEWS & WORLD REPORT MARCH 21. 1994 ROSSD THE TIMES pinpoint the exact date, of a "war room" and their in- Hedges says he's fairly certain sistence upon seeing political Fiske was on the job. opponents as enemies led to Both of the self-described sloppiness and indiscretion. In shredders will appear before a all likelihood, White House of- Little Rock grand jury this ficials met with Treasury De- week. Fiske's inquisitors no partment officials overseeing doubt will question the two the investigation into Madison about their previous work. Guaranty to figure out how to Hedges, for instance, recalls "spin" the story in the news. It shredding files belonging to didn't help, either, that some Hillary Clinton sometime "af- participants have too many ter the election," although he roles to play. A case in point: admits they "could've been Roger Altman, the deputy anything." Adding partisan Treasury secretary and the act- spice to the controversy, ing head of the RTC and a fre- Hedges and Lindsey are now quent political war-room lead- working with longtime Clin- Different probes. Prosecutor Fiske (left) meets D'Amato. er in the White House. ton nemesis Floyd Brown in So far, the known sins of the trying to get their story out. and in her legal work connected to Clintonites seem far less serious than Flaws exposed. While prosecutors and McDougal's now defunct financial em- those of the Nixon or Reagan eras. No congressional scolds do their work, pire. "Hillary has an intense desire to one here planted illegal wiretaps or trad- friends of the Clintons have their own protect her reputation, the idea that she's ed arms to terrorists. But what is clear: explanation for where this is all going. one of the 100 smartest lawyers in Ameri- Bill Clinton, his wife and his underlings They think small legal problems have ex- ca," says a Clinton friend. are not simply victims of Washington's ploded to near disastrous proportions But if her shortcomings have produced cannibalistic culture as they claim. They because of a baffling, even haughty de- problems on the financial side of the sto- tied this horse to themselves. No one did fensiveness on the part of the Clintons ry, the president and his political aides it to them. especially the first lady. Hubris, these are more to blame for the maladroit way friends say, is the problem: She refuses to the scandal has been handled. Their per- BY MATTHEW COOPER WITH GLORIA admit she might have made mistakes in manent campaign mentality, their pro- BORGER. 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Dreyfus Service Corporation, Distributor. 009 INTERVIEW all that and get to what the facts are. TIME: If Congress asks you to testify, "Yes, We Made will you? Clinton: We'll have to see if that's what Con- gress decides to do. TIME: Did you make any mistakes? Lots of Mistakes" Clinton: My goodness. We made lots of mis- takes. We never should have made the in- vestment for one. And I suppose the other big mistake that I made was not appreciating how other people view this when I knew we Clearing the air with Hillary Rodham Clinton had done everything we knew to make good on obligations, like paying property taxes and other things, to try to be as The First Lady met for 30 minutes last careful as possible. So yes, we Saturday with TIME'S Ann Blackman and made lots of mistakes and ob- Nina Burleigh to discuss Whitewater and viously wish we hadn't. But its effect on herself and her family. those are things you look at in Excerpts: retrospect. We didn't do any- thing wrong. We never in- TIME: As a private citizen, under a potential tended to do anything wrong. legal cloud, you have an interest in not disclosing information. But as the First TIME: Why did you oppose Lady, you have a responsibility to be candid naming a special counsel? about Whitewater. Which comes first? Clinton: Well, there were no Clinton: We have been candid. We have allegations of wrongdoing been candid all the way through this. We against the President or me. made an investment decision that lost mon- There were lots of wild and ey. We did the best we could, always, to be unsubstantiated stories that as straightforward on this as we could, are filled with hurtful claims based on what we knew. We have fully co- about people. operated with the grand jury, with the spe- cial counsel; we have been more than open TIME: How do you and your and candid. We have not denied any docu- husband explain this to each ments, we have claimed no privilege. But other? for years, now, we've been asked questions Clinton: I just tell him that that we don't know the answers to. We did I'm very sad that this kind of not run the company, we did not make its situation has occurred and decisions, we did not have its documents or that I'm sure we could have its record. So we could not answer many of handled it differently or bet- your questions anyway. We did the very ter. I know when all is said best we could with what we knew. and done there's nothing in this whole Whitewater situa- TIME: Jim McDougal [head of the Madison tion except a lot of confused S&L] claims that your Whitewater documents that will be contribution was $13,000, not the $69,000 put into some sensible order cited in the 1992 Lyons report on White- and presented to the world water commissioned by your husband. thing about that have only recently been when the special counsel gets done. So I Clinton: Jim didn't have any documents. He brought to our attention. And as we gather don't even worry about that. can recall only from his memory. more information, we will act appropriate- ly, as we did based on the information we TIME: And Chelsea? TIME: Do you think you may have had at a previous time. Clinton: She doesn't need an explanation. overdeducted on your income tax in those She is fully aware of what happens in poli- years? TIME: How do you respond to questions of tics. With it comes a lot of the worst that hu- Clinton: Well, we don't know. We don't be- conflicts of interest raised by your man nature has to offer. We've been telling lieve so, but during the Lyons report, they representation of Madison? her that since she was six. brought to our attention two deductions Clinton: I don't know of any charges other that were supported in documents which than this incident arising out of a limited TIME: What effect does this have on you? we had but were contradicted in docu- representation I had of Madison in which a Clinton: I feel, on most days, good about ments we had never seen until they were request for a legal opinion was made to the what I'm doing, but on other days I get collected for that report. And once that was [Arkansas] securities commissioner. I don't down like anybody else. People can lie brought to our attention, we paid back, be- know of any other legitimate claims; now about you on a regular basis and you have to cause we're not out to take any advantage of there are lots of illegitimate claims floating take it. That's very hurtful. Then when you anybody. We are only able to act on the around these days. and apparently you can stop and think that now that we're in public knowledge we had at the time. But there say anything these days and get somebody life at the level we are, we have no protec- were activities that we didn't know any- to prove it. We're trying to break through tion against any of that. 35 TIME MARCH 1994 PERSPECTIVE Why It Isn't Watergate There is no evidence of criminality in Whitewater-but that doesn't mean it's trivial By GEORGEJ. CHURCH calling for one thing that "Watergate" pointed to a whole pat- tern of activity at the top of the government that former (later ATERCATE. WHITEWATER. BOTH CONTAIN THE jailed) Attorney General John Mitchell referred to as the W letters w-a-t-e-r. Adopt the fashion of attaching "White House horror stories." The rifling of the safe in the of- e the suffix -gate to any scandal whatsoever (re- fice of Daniel Ellsberg's psychiatrist, the creation of the d member Ice Cream-Gate? Doublebillingsgate? plumbers' unit, the "dirty tricks" in the 1972 campaign, the d never mind, nobody else does either) and the second be- surveillance of anti-Vietnam War protesters, the "enemies comes Whitewatergate, identical to the first except for an list"-these things had only a peripheral relationship, if that, e extraneous syllable. But do the two share any other to the burglary of Democratic National Committee head- similarities? quarters at the Watergate complex, but they were part of a Some, certainly, and not altogether superficial ones. Both pattern of dictatorial and in some cases criminal behavior n concern allegations of impropriety directed at a President of that has not found even alleged parallels in the Clinton White the United States (though only Whitewater also involves the House. First Lady; one would have to look very long through the As for "Watergate" proper, remember Richard Nixon, mountain of Watergate clippings before coming across even 37th President of the United States, musing on tape about a glancing mention of Pat how much money would be Nixon). Both triggered required to buy the silence probes by a special counsel, of the burglars, and rum- 10 and both may yet lead to bling that he knew where to congressional investiga- get it? Remember White ie. tions. Both touched off par- House counsel John Dean id tisan howling for a Presi- semi-joking that Nixon's at dent's head, and both helpers were unschooled in ns featured official defenses of such criminal activity as said President by aides who leaving the money for pay- obviously had next to no offs where it could not be knowledge of what had hap- traced, and one of his listen- pened. George Stephano- ers remarking plaintively poulos and Ron Ziegler that Mitchell ought to know at might equally resent that how to find somebody of comparison, but there it is. skilled in money launder- nd But what, if anything, is ing? The onetime chief law- ve really similar? Right now, enforcement officer of the et- an honest answer would country being mentioned as aid have to be: We don't know. a conduit to recruit a suc- in The identity of "Deep cessful crook! What com- ta- Throat" is one of the few REMEMBER WHEN? White House counsel John Dean, who became a Watergate mysteries left. chief accuser of Nixon, is sworn in by Senate probers parison can be drawn be- ed tween that and meetings be We know not only the details of the cover-up but what it was concerning the Madison investigation between Treasury of- ler that was covered up. In contrast, probers into Whitewater ficers and White House aides that some commentators doubt rld have been sorely puzzled by the disparity between the inten- can be considered improper at all? I sity of White House efforts to obfuscate the matter and what Yet if Watergate-so far-surpasses Whitewater by light- can be discovered so far about what might have been obfus- years in seriousness, there are disturbing parallels. Both con- cated. So what if the failed Madison Guaranty Savings & cern whether what a President (and in the case of Whitewater, Loan really was being operated as what Republican Con- a First Lady) says can be believed. Whitewater, as Congress- on. gressman Jim Leach calls a "private piggy bank" for Arkansas man Leach asserts, may be important "precisely because it is oli- politicians, including the then Governor? So what if Bill and small [and] truth of character is more generally revealed in hu- Hillary Clinton did in fact take income-tax deductions to small acts than large gestures." It mattered that Lyndon John- ing which they were not entitled, and underpaid their personal son lied about small things because he eventually lied (to the taxes? Admitting as much no doubt would be embarrassing. nation and, probably, to himself) about a very big thing, the Avoiding that embarrassment, however, is so far from being Vietnam War. It matters if Bill and Hillary Clinton are telling worth all the trouble that the Clinton White House is in now the truth about Whitewater. How much they invested; how out as to stir suspicion that there must be something more wait- much, if anything, they really lost; whether they were actually get ing to be unearthed. entitled to all the tax deductions for interest they took. Be- lie This much, however, can be said. Whitewater has a very, cause these things are very important in themselves? No. Be- to very long way to go before it can be considered within 16 cause if their veracity cannot be trusted on those matters. who ou miles of being equal in gravity to Watergate. Memories are can believe them when they say their health-care plan will blic dimming. People voted in 1992 who were not yet born when really cut costs, or improve the quality of medical care. or not the Watergate break-in occurred 20 years earlier. or even lead to rationing, or increase rather than narrow our choice of when President Nixon resigned in 1974. But it is worth re- which doctors to consult? TIME 39 EDITORIAL BY MICHAEL RUBY CO-EDITOR THE LAST WHITE HOUSE COUNSEL? L loyd Cutler, by all accounts, is an intelligent and with new legislation. The current investigations related honorable man who, as the new White House to Whitewater may yield something beyond bonehead- counsel, says he will serve the office of the presi- edness, but if they do, the outcome won't reveal a short- dency, particularly in matters related to the Whitewater age of ethics cops: It will reveal a shortage of ethics. affair. If the interests of the office diverge from the The White House still requires legal advice on the interests of the person occupying it, well, the latter will people's business, but it doesn't need an in-house coun- be sacrificed for the former. Cutler has signed on for 130 sel's office of a dozen or so lawyers to provide it. There is, days (although it will test his resolve when the president after all, the U.S. Department of Justice. According to asks him, sometime in early July, to stay on till the end of the department's annual report, its 23-lawyer Office of the year). However long Cutler remains in the White Legal Counsel is supposed to "assist the attorney general House, he can do a world of good by giving concrete in the role of legal adviser to the president and executive meaning to one of Bill Clinton's favorite words: change. branch agencies." If lawyers in the White House coun- He can begin with a good hard look at sel's office are doing these duties, what the office he now holds and whether its are these folks at Justice up to? history and contradictions suggest that Cutler should move beyond his prox- it might best be eliminated. If the current imate mandate- a one-man ethics po- Until the 1940s, no American presi- dent apparently felt the need for a investigations lice force to offer other guidance to his boss. He can tell Clinton, for exam- White House counsel. Néither did yield anything, it ple, that the inevitable second round of Franklin Delano Roosevelt, who creat- won't be a shortage political appointments should include ed the position in 1943. Publicly, FDR fewer Friends of Billary. Presidential complained that the Department of of ethics cops; it politics may be democracy's ultimate Justice and its chief lawyer, the attor- will be shortage spoils system, and the victor has every ney general, were so overemployed of ethics. right to reward his pals. But Clinton, that they couldn't possibly spare who apparently never loses touch, has enough time for White House legal taken it to extremes and made a mock- matters. This was, to put it charitably, a ery of his promise of political diversity. trifle disingenuous. In fact, Roosevelt When Warren Christopher vacates the wanted a spot to park Samuel Rosen- State Department, can you imagine the man, a New York judge and longtime political confidant president reaching out to name Richard Lugar, a highly who also was one of FDR's principal speechwriters. regarded Republican on the Senate Foreign Relations Since the beginning, then, presidents have used the Committee, rather than his Oxford roommate Strobe White House counsel in a variety of ways-speechwriter, Talbott, now the deputy secretary of state? troubleshooter, ethics cop, liaison to the Justice Depart- Finally, Cutler might use his time in the White House ment. In fact, a written description of the job does not to educate his boss about the use and abuse of the even exist, so it's sophistry to argue that there can be a English language. Bill Clinton, so articulate on so many tidy line between serving the president and serving the matters, plagues us too often with the "I didn't inhale" presidency. That's precisely why the job ought to be syndrome his maddening propensity for splitting law- eliminated. If the president has a personal legal prob- yerly hairs when all that the citizens want is straight lem, he can do what every other American can do: Hire a talk. He also overdoes exaggeration: Hyperbole can be lawyer. If he seeks a ruling on a question of ethics, he or hard currency in politics, but not if the politician con- members of his White House staff can consult the Office stantly debases it. Somalia, Bosnia, gays in the military, of Government Ethics; its brief, according to the U.S. health care this president is always drawing lines in Government Manual, is,to provide "overall direction of the sand, then immediately blurring them with water. executive branch policies in preventing conflicts of inter- It would be a wise counselor indeed who can convey est." If the office is "a toothless terrier on Valium," as these things, then close the door on the White House one congressman described it a few years ago, let's fix it counsel's office for good. 98 U.S.NEWS & WORLD REPORT MARCH 21. 1994 97 PUBLIC LIVES Puffing Motes Into Dust Storms Why no one will give the Clintons the benefit of the doubt KLEIN N THE AFTERNOON LLOYD CUTLER WAS NAMED COUN- acted in any way to impede the investigation. they should be O sel to the president. after Bill Clinton had exhausted fried. But they have not yet been accused of anything remotely every last question from the press about the Whitewa- resembling that-o anything that begins to explain the hysteria ter hysteria. the White House staff held a pep rally for this case has evoked in the press. the First Family in the East Room. This is becoming Which raises an interesting question: what does explain the something of a ritual. There was a rally to bolster the president's hysteria? What justifies disingenuous banner headlines like The spirits after his mother died. There will. no doubt. be many more Washington Post's: CLINTON REJECTS LIKENING WHITEWATER such before this strange ride is done. Both the president and Al TO WATERGATE? That same day R. W. Apple offered a ridiculous Gore addressed the troops-but the real passion came from hyperinflation of the scandal in The New York Times. an Hillary Rodham Clinton. She spoke about health care. She told "analysis" that acknowledged Whitewater had produced "noth- the story of a woman in New Orleans who had breast cancer, but ing approaching" the abuses of power involved in Watergate but no health insurance-the company she then blithely compared such "similar- worked for didn't offer it-and the doc- ities" as the reluctance to respond to tor told her that all he could do was press inquiries and the president's watch the tumor "and see what hap- sounding as "defensive as Mr. Nixon pens." That was why they had come to used to in proclaiming the virtues of Washington. she said: to help people those who worked alongside him." (Ap- like that woman. The crusade was all. ple might easily have been comparing The applause was tumultuous. Clinton's early performance on NAFTA There was. in the First Lady's re- to Watergate.) And then there were the marks-as there often is-an implicit: television networks. giving time to an How dare they question our motives? ethical falling-rock zone like Sen. Al- How dare they question our rectitude? fonse D'Amato. simply because his It's a familiar sound. the mating call of the sound bites ("as great if not greater than liberal elite in high dudgeon. It divides Watergate!") were the most egregious. the world between us and them. the high- Sleazeballs: Hysteria. in this case. has minded and the greedy. The First Lady's many fathers. One is that a cancer on the indignation seems particularly problem- presidency is more sexy than health care atic in the case of Whitewater, which or welfare reform. Another is the fact centers on a decision she made in the late JAMES COLBURN- PHOTOREPORTERS that the Clintons did do business with 1970s: to make money. Her choices were The crusade is all: First Couple some mortal sleazeballs down in Arkan- never quite so simple as the ones she laid sas and may have brought a few along out. memorably. during the campaign: to make money A cancer on with them to Washington. A third. not to be underes- or bake cookies. She could have done high-minded. timated. is the suicide of Vince Foster. which adds liberal work. She could have defended indigents in- the presidency immensely to the "something fishy here" quotient. stead of banks. She chose to make money. Some of is sexier than But the real reason Whitewater has puffed so large is her clients were not the sort of people who listen to that very few people in Washington are willing to National Public Radio: many of them were, perhaps. health care give the Clintons the benefit of the doubt. It's not just aware that she was married to a high-ranking official in the State of Arkansas. These were not moments or welfare the press: I haven't noticed many congressional Democrats rushing to their defense. either. she will dwell upon in her inevitable, best-selling reform Why not? In part, because the president's effort to autobiography. In fact. she has never really discussed finesse all sides is catching up with him. Nobody her business career. The natural assumption is that she has quite trusts him-liberals think he's a sellout: moderates think something to hide. and she might: but she may just be embar- he's a secret liberal. He has made deals but few friends. He has rassed by the whiff of venality. And that embarrassment. the sought shifting alliances and won disposable loyalties. As for the involuntary cringe that occurs when names like McDougal or press. the combination of loose morality and high ideals presents Lasater are recalled. the desire to just forget about the welter of a gloriously fat target. Clinton's truth-shaving during the cam- smarmy transactions-te not even think about this because there paign. especially about the draft. is well remembered-and the is health care to discuss-may well be the mote of dust at the First Family's (especially Mrs. Clinton's) apparent disdain for heart of the White House's incredibly self-destructive reluctance the less-than-pure rankles. Their administration is now in peril. to face this problem squarely. The time for Watergate comparisons may yet come. but what if it So far. and despite the efforts of a brigade of intrepid investi- doesn't? Do we. the righteous guardians of the truth. admit that gative reporters. not much else has turned up. There was a series we blew this all out of proportion-or do we continue to puff of contacts between Treasury Department officials and the motes into dust storms in order to justify our investment? The White House staff. These were stupid. but-on the evidence as it Clintons have earned their isolation. But they deserve a more exists- not criminal Of course. if it turns out that the Clintons sober hearing than this lunatic caldron. 39 A Whitewater Bill Clinton Hillary Clinton \ former partner with A former Whitewater and Hillary and the Rose partner. she has been Portrait Gallery McDougals in Whitewater criticized for representing Development Corp. an Jim McDougal's Madison unsuccessful vacation- Guaranty before a state The Whitewater investigation has focused home development in the regulator appointed by her on a circle of Bill and Hillary Clinton's Orarks The Clintons sold husband Once also invoi- political allies and business associates. their interest in late 1992 ved in a controversial legal case with Dan Lasater. THE ADMINISTRATION THE PROSECUTOR THE TREASURY/RTC Harold Ickes Bruce Lindsey Vince Foster Bernard Nussbaum Robert Fiske Roger Altman The deputy chief of Senior adviser learned of A former Rose partner White House counsel A Republican prose- The deputy Treasury staff and Whitewater Madison criminal referral and deputy White House resigned under pressure cutor with a reputation secretary and acting damage-control from Nussbaum: Clinton counsel. His suicide in two weeks ago: emptied for toughness. he was RTC chairman admits strategist was present said he was "probably" July fueled speculation Foster's office and chosen by Attorney he called a meeting of at a meeting with told of referral by Lindsey. about the Clintons' presided over all three General Janet Reno to White House officials Treasury officials to Attended meeting be- finances. including controversial Treasury investigate Whitewater. to discuss Madison. discuss Madison. tween White House and Whitewater. which White House meetings. Has recused himself Treasury officials. he had handled. from further agency THE ATTORNEY deliberations. Lloyd Cutler Margaret Williams Patsy Thomasson Webster Hubbell David Kendall Jean Hanson The former White Hillary's chief of staff Managed Dan Lasater's Bill Clinton's close Bill Clinton's personal In critical meeting. the House counsel to attended a meeting of assets during the FSLIC friend. former Rose lawyer received Treasury and acting Jimmy Carter was Treasury and White case while he was in jail on partner and now the Whitewater documents RTC counsel told appointed last week House officials to discuss drug charges. Now a No. 3 at Justice. he faces from Foster's office: Nussbaum that the as Nussbaum's tem- Madison. She was among White House aide. she was questions about whether later negotiated a broad Clintons were men- porary replacement. the first to go into Foster's also among those who he charged the Little subpoena that had tioned in a criminal office after the suicide. searched Foster's office. Rock firm for personal the effect of sealing referral as potential expenses and over- more documents from beneficiaries of billed clients. public inspection. Madison misconduct. THE CRITICS THE ARKANSAS CROWD Sen. AI D'Amato Rep. Jim Leach Beverly Bassett James McDougal Susan McDougal William Roelle Probed Altman about Widely respected Schaffer Invited the Clintons to An equal partner in Sources say tormer controversial GOP moderate. he Appointed state securities invest as equal partners Whitewater. she headed RTC senior vice Whitewater briefing: led calls for special regulator by Governor with him and his wife, the public-relations firm president told Hanson critics say his own prosecutor and is Clinton. she approved a Susan. in the Whitewater that took a controversial and Altman of RTC's ethics lapses make him pushing for congres- novel plan proposed by Development Corp. loan from David Hale's plans to refer Madison poor choice to lead sional probe into Madison's attorney. Hil- McDougal later owned the company and used part of to Justice for criminal the charge. Whitewater affair. lary Clinton, to prop up the Arkansas thrift. Madison it to buy a piece of investigation. thrift. Previously, Schaffer Guaranty, which failed in property. later deeded to worked for a law firm that 1989 at a cost of $60 million Whitewater. The loan was represented Madison. to taxpayers. never repaid. Floyd Brown Robert Bartley Dan Lasater David Hale Jeremy Hedges Conservative operative The editorial-page Bond broker and FOB was A retired Little Rock judge, A Rose Law Firm and creator of Willie editor of The Wall sued by a failing Illinois he claims Bill Clinton and courier, he told a Little Horton TV ads Street Journal pursued thrift and FSLIC for alleged Jim McDougal pressured Rock grand jury that he for George Bush. he's Whitewater story unauthorized trading. him into making a $300.000 and a colleague used a churning out faxes before it was hot: in a Hillary helped the Feds in loan to Susan McDougal's shredder at the firm to encouraging reporters suicide note. Foster said the case. which Lasater company in 1986 to solve destrov Foster files after to be more aggressive in the WSJ editors "lie managed to settle cheaply Madison's financial prob- Fiske was appointed covering Whitewater without consequence." in 1987. Critics accuse Hil- lems. Hale faces unrelated special counsel lary of contlict of interest loan-traud charges THIS WEEK National Affairs Whitewater: The Unsinkable Scandal 30 Vince Foster and the Rumor Mill 32 Hillary Clinton: 'I Made Mistakes' 35 Gergen: Where Did He Go Wrong? 36 A Whitewater Portrait Gallery 38 'Public Lives': Why No One Gives the Clintons the Benefit of the Doubt by loe Klein 39 California: Buying Into a Senate Race 40 International TENNON MELENDON VP 'Jessica' being taken from home last year China: Trade and Human Rights 42 Israel: The Settlers Who Want Out 44 Baby Anna, Happy at Last? Bosnia: How Serbs Play the Spin Game 45 Last year. "Baby Jessica" was taken from the Somalia: Not What America Had in Mind 46 couple who had raised her to live with natural Russia: Nixon Deserved Yeltsin's Snub 51 parents she barely knew. lessica-now by Carroll Bogert named "Anna" appears happy in her new Business home. But the politics of adoption- already Cigarettes: Fighting a Grim Backlash 52 That caught up in racial and feminist issues may AIDS: Insurers Take on Death Futures' 54 Anna. now never be the same. Lifestyle: Page 60 Trucking: Riding the Data Highway 54 Auctions: Left-Wing Relics on the Block 55 'Capital Gains' Ghost Stories About Health The Unsinkable Scandal Reform by lane Bryant Quinn 58 Whitewater churned last week as every Lifestyle new answer seemed to arouse new suspi- The Cover: She's Not Baby lessica Anymore 60 cion. Bill Clinton unveiled Washington Learning to Live Without Jessi 63 wise man Llovd Cutler as his new White The Politics of Adoption 64 House counsel and at the weekend a new Kimberly's About-Face 66 counteroffensive began to emerge. led by Justice: Who Pays the Menendez Lawyers? 70 Hillary Clinton. In an interview with NEWSWEEK. the First Lady admitted that The Arts "I made mistakes." and reflected on mis- Hollywood: From Muppets to Mogul 72 steps in the aftermath of aide Vince Fos- Movies: News Junkies Race the Clock 74 TRIPPETT ter's suicide. National Affairs: Page 30 Hillary: 1 made mistakes' Music: Stranger in the Night 75 Society Science: The Estrogen Complex 76 The Estrogen Complex Technology: Schools' Computer Gap 78 Since 1938. sperm counts for men in the Unit- 'The Pursuit of Happiness': The World's ed States and 20 other nations have declined Biggest Diet Doctor by lerry Adler 81 by half, and rates of female breast cancer are Basketball: Countdown to the Final Four 82 Religion: Pink Collars for Anglicans 83 climbing. Is there a connection? Researchers suspect a link to pollutants, found in every- Departments thing from pesticides to plastic baby bottles, Periscope 11 Newsmakers 59 PHILLIPS PHOTO RESEARCHERS that resemble one of the body's most potent My Turn 16 Transition 59 Where are the sperm? hormones: estrogen. Society: Page 76 Letters 18 'The Last Word' Perspectives 27 by George F. Will 84 COVER Photocos Melchior DiGracomo ISSN 0028-9604) Postal Station of POSTMASTERS Send address changes to NEWSWEEK. The NEWSWEEK Building. Livingston. N.J. 07039-1666 Hillary: 'I Made Mistakes' You uttered the magic phrase "mistakes were made." Do you regard yourself as hav- ing been responsible for any of those? Oh. sure. Hindsight's always 20-20. I nev- Interview: Reflections on some missteps er would have participated in the invest- ment in the first place. Of course. I would have tried to get everybody to focus on it sooner and earlier to try to deal with. So I W ITH QUESTIONS ABOUT HER ROLE think that of course I made mistakes. in Whitewater threatening to de- That's part of the learning process you go rail her husband's agenda. Hillary through when you've never been accused Rodham Clinton agreed to an interview of doing anything wrong before. as long as it did not touch on specific issues before a grand jury. She spoke with So, if there was nothing wrong, why were NEWSWEEK'S Eleanor Clift in the White you so resistant to making records public? House last week. Excerpts: My theory is that you have a thing about privacy. NEWSWEEK: You came to Washington a gen- I have a big thing about it. I really have eration ago as a member of the Watergate been pulled kicking and screaming to the committee. Now your counterparts are conclusion that if you choose to run for working for Fiske. Do you see irony in that? public office you give up any zone of pri- CLINTON: Oh. I don't think there's any vacy at all. I get my back up every so often comparison. I think that the idea that about even having to answer questions there is is way overblown and should be that I don't think are in any way connect- debunked easily if anybody looks at his- ed with the fact that my husband is in tory and what was at stake in the whole public life. That's what's going to be con- Watergate investigation. cluded about all this people are going to spend millions and millions of dollars and I guess the only thing I see comparable is they're going to conclude we made a bad that a lot of people want to launch careers land investment. based on finding something. Well. you can't control that. We don't FIRST LADY: 'If you run for public The attacks against you are really about worry about the outcome anyway. We office you give up any zone of privacy' more than Whitewater. They really go to the want the special counsel to do his job as whole role that you're taking on and wheth- soon as possible so that we can get this off ROBERT TRIPPETT er you can be the spouse of a president and the country's radar screen and get on with In trying to look at how this mess reached a policymaker. what my husband is trying to do for the this level, it seems as though Vince Foster's People have been doing that to women in country. death has a lot to do with it. Do you see a this position since Martha Washington. I connection there? was not the first to testify before a con- Sometimes those investigations take on a I don't know. I think that mistakes were gressional committee. I was not the first life of their own. Fiske has taken out a lease made along the way in handling this. I to be criticized by the press. I was not the for three years In Little Rock. have learned a lot about the needs of the first to have issues that I was involved in I don't know what he's going to be doing media and how they kind of make stories questioned or attacked. I look at what was for three years, but obviously we want important. I suppose that in today's at- said about Eleanor Roosevelt. There's al- him to do his work and do it as expedi- mosphere any unanswered questions are ways the possibility that no matter what tiously as possible. going to be grist for the mill. you do you're going to be criticized. I do I've tried to learn a lot about suicide think that the fact that I am involved in an You present a rational face to the world. and particularly about depression ever issue [health care] of such magnitude with How angry are you, about the way this has since Vince's death- lot of us here in so many interests at stake has raised the mushroomed from a little land scandal the White House have. We've passed visibility of my role and has caused some It's not even a scandal-it's not a scandal. around books. We don't have any an- to question it for their own purposes. A failed land transaction. swers either. But we don't presume to try to make up answers. I just want this to be This White House has a different style than into an allegation that you and your put to rest for his family's sake and for the what the city is used to. husband are corrupt? sake of all of us who were his friends. It is I think that we have one of the most colle- I'm very sad about it. But I extremely painful to have this gial. supportive White House environ- also have a full life to live. I'm NEWSWEEK POLL used as a political football by ments I have ever read about. Does that still my husband's wife. I'm What is your people. It is really unfair to mean everybody agrees with everybody still Chelsea's mother. I'm still opinion of Hillary his family particularly. But I else 100 percent of the time? Absolutely involved in a lot of other activ- Clinton? guess I now understand why. not. In fact. the president wouldn't want ities that are important to me CURRENT in the face of a tragedy. some us around if that were the case. and my family. So I don't real- 38%Favorable people will want to make up lv get the luxury of expending 42%Unfavorable their own answer because Edward Bennett Williams used to say that too much energy being angry 2/94 they can't deal with what Washington likes to burn a witch every with people who are being un- 50%Favorable are often life's unanswerable three months. fair and untruthful. 29%Unfavorable mysteries. I think that's right. EXCLUSIVE Periscope Drink or Dink? HE ARREST OF ALLEGED CIA mole Aldrich Ames has some old colleagues thinking. Ron Dwight. an ex-U.S. vice consul who knew Ames in Mexico Getting a jump on the '96 presidential campaign: Baker, Cheney City, told NEWSWEEK an odd story: in early 1982. Dwight and POLITICS other U.S. diplomats were off to a monthly interembassy party. Early Birds Out for Worms this one hosted by the Soviets. Ames approached them. saying RE FORMER BUSH CABINET SECRETARIES AND he was the CIA officer monitor- Reagan in Normandy A friendly rivals James Baker and Dick Cheney posi- ing the Soviets. and asked to go tioning themselves for a showdown for the 1996 Re- along. Ames even offered to THE PRESIDENT publican presidential nomination? Now in private law drive. but-after a few pops at a practice in Washington. Baker is sending out signals that he's preparty party-spent more Acting Lesson considering a White House bid. He's lined up a heavy sched- than an hour cruising the town. ule of political speeches California, New Mexico. Texas. unable to find the Soviet Em- B ILL CLINTON PERIODICALLY Pennsylvania and Montana-which give him a chance to bassy. This was the CIA's Sovi- turns to the Reagan hand- reach out to party leaders. And friends say that his Texas and et expert? "We thought he was book for tips on appearing pres- corporate connections should help him to raise "early money," a Keystone Cop." says Dwight. idential. He waxed Reagan- a key to success in the new, foreshortened primary schedule. The next day. they say, Ames esque from time to time during Meanwhile. the Beltway crowd is predicting former de- begged them not to mention the the 1992 campaign. And he bor- fense secretary Cheney. a determined but undeclared candi- incident. Now Dwight wonders rowed some Reagan-like rheto- date. as the likely GOP nominee. In a straw poll at a recent if it was all an act. ric for the State of the Union Washington party given by CBS political director Marty address. Now. sources close to Plissner and his wife, PBS producer Susan Morrison, cam- the former president say. the paign consultants and pundits picked Cheney over (in de- White House has requested scending order) former HUD secretary Jack Kemp. South videotapes from the Ronald Carolina Gov. Carroll Campbell, former Tennessee governor Reagan Presidential Library of Lamar Alexander. Sen. Bob Dole-and Baker. Dan Quayle Reagan's emotional speeches finished last. The partygoers' record isn't too good: they called on Normandy beach for the Hubert Humphrey over Gerald Ford in 1975, Ted Kennedy 40th anniversary of D-Day. over Ronald Reagan in 79 and George Bush over Mario Clinton. it seems. is studying Cuomo in '91. every aspect of Reagan's trip 'Wrong Way' Ames? In cuffs very closely since he'll be head- ing there himself in June for the NORTH KOREA CONVENTIONAL WISDOM WATCH 50th anniversary. New Missiles? More Whitewater Edition U S. OFFICIALS WORRY OVER Bill Clinton has been compared to Jimmy Carter, JFK, Lyndon Bad Move the fast pace of North Ko- Johnson, Ronald Reagan and, this week-Richard Nixon. The P oor Bernie Nussbaum. rea's long-range-missile devel- media see Watergate, the public sees March Madness. For months the White opment. Intelligence sources Players Conventional Wisdom House counsel dithered over say Pyongyang is working on a whether to buy a place in two-stage missile called the B. Clinton Opens up, resumes N.H. primary model+but Washington. He knew he'd TD-2 which has a potential Whitewater has better legs than Gennifer. be returning to New York range of more than 2.000 miles. H. Clinton and his Wall Street law From Eleanor Roosevelt to Evita Perón. making it capable of hitting the practice after his stint of U.S. naval base at Guam and Don't cry for me, Arkansas. government service, but he countries as far away as Thai- L. Cutler CW poster boy is the new Gergen. But look didn't want to stay on in his land and the Philippines. A sec- where he got Jimmy Carter. rented flat. Late last year ond missile. the TD-1. could D. Gergen friends say he finally made reach more than 1,000 miles. Old CW: Spinmeister General. New: Wrung up his mind and purchased a The TD-2 seems suspiciously out in the spin cycle. Paging ABC News. condo. Early this month Bill similar to the Chinese-made A. D'Amato Ethical spokesman? That's like hiring Chris Clinton fired Nussbaum for "East Wind" intermediate- Farley as your diet doctor. his bungling of the range missile. but sources say V. Foster Whitewater affair. Now He did kill himself. He did have something to it's not certain China is helping Nussbaum will have to sell hide He was right about how sick D.C. is. the North Koreans. the ment the Wa- Nussbaum 11 The Kno Hock Emes Bagazine HISTORY CRIME Mil aukee Is Small Favors Talking IONEL DAHMER'S BOOK EXPRESS about his son. mass murderer Jetfrey Dahmer. has received respectful reviews in part be- cause Dahmer promises in his BLOWBACK preface "to donate a portion of the proceeds from this book to A switch in time: The new cover, part of the gatefold jeans ads benefit victims families." But Dahmer's publisher. William Morrow. won't say what por- tion of royalties will be given Sorry, One of You Had to Go awav. "He's waiting to see how the book does first." savs a UST HOW SENSITIVE IS THE NEW YORK TIMES THESE Morrow spokesman. "His hope J days? Sensitive enough, it seems. to make a costly last- is to break even after his tre- With a photo of the lynching minute cover switch on the Sunday magazine. Last mendous legal expenses." So. week's planned cover story was a debate between unless "A Father's Story" is a A bout James Cameron, newly prominent First Amendment lawyer Floyd Abrams and noted monster best seller. the victims found 80-year-old hero. feminist Prof. Catharine MacKinnon, an outspoken advocate families won't see much. The only survivor of a 1930 of legal measures to restrict pornography. Shortly before the lynching-when a white mob press run. editors discovered that the magazine folded out to a dragged Cameron and two ac- four-page gatefold ad for Express Jeans, featuring scantily clad complices in a robbery from the models in provocative poses. The embarrassing juxtaposition Marion. Ind.. jail he lived qui- "made the magazine appear to be mocking one or the other." etly in Milwaukee for years. said editor Jack Rosenthal. Editors considered three alterna- hoping to publish his memoirs. tives: doing nothing; changing the ad; or switching covers. After repeated rejections by When changing the ad proved "impractical," the Times, rather publishers. Cameron's book. than "send a wrong signal." substituted a cover on Afghan "A Time of Terror." appeared terrorists that had been scheduled to run inside the magazine. last month. National media at- Lawyers first: Jeffrey Dahmer tention followed. and the city plans to name a day in his hon- SCORE CARD or. Cameron's next project: to found a museum on American Making the Scene on Hollywood's Biggest Night racial violence. using artifacts Swifty is gone and Spago is closed Oscar night in his memory. But the parties must go on. All over Los he collected-like a piece of the Angeles. hosts and hostesses are trying to win the rep as the hottest ticket. No invite? Fire your agent. rope that killed his friends. Says Cameron: "Good always comes HOST SITE LOOK FOR RATING BUZZ of evil. I feel God saved me to New Yorker Hotel Michael Keaton. Gene A week before the big night. remind people to treat each oth- Magazine Bel-Air Kellv. Emma Thomp- this elegant Hollywood-meets- er with respect and dignity." son. Core Vidal. the-highbrows sit-down dinner Steven Spielberg for 250 is a must-do. WHITE HOUSE Women Regent Angela Bassett. Promotes. well. women in film. in Film Out of bounds: Hillary Clinton Beverly Anthony Hopkins. Wilshire 11 Not the A list. but points for Winona Ryder, Marisa gender sensitivity. for firing White House usher Tomei, Queen Latifah Chris Emery because he kept in touch regularly with Barbara Vanity Fair/ Mortons Tom Cruise. Clint The place to be-and don't for- Bush. Sharing First Family se- Steve Tisch Restaurant Eastwood. Liam Nee- crets? No-giving Bush advice son. Nancy Kerrigan. IIII get to bring Oscar! Could you look again? I'm sure I'm on the about her laptop computer. Roseanne Arnold list. Please? White House sources say Clin- El Rescate Mondrian ton apparently distrusts long- Susan Sarandon. Human-rights org. proves P.C. Hotel time residence staff and doesn't Tim Robbins, Spike Lee, Rosie Perez, care to spend time winning loy- Cheech Marin II doesn't have to be a snooze. Hip Hollywood rocks to cool bands. Can get rowdy. alties. The staffers. too. proba- bly miss the Bushes' "members Elton John Maple Drive Tom Hanks. Dennis AIDS benefit was one of last of the family" attitude toward Restaurant Quaid. Meg Ryan. III year's hot tickets. Not to be con- the help. Alec Baldwin. fused with competing AIDS GREGORY CERIO and Whoopi Goldberg benefit at Directors Guild. LUCY HOWARD with bureau reports Governor's Dorothy Anvone who has a tux. Official post-Oscar bash-and Ball Chandler naturally the least interesting Pavilion "I wouldn't stand too Perspectives NOT NOW. close to her." HILLARY! ROGER AILES former GOP political "I believe I'm a better consultant. noting that. authority than anybody of the three lawyers brought else in America on my into the White House on wife. I have never known Hillary Clinton's advice. one a person with a stronger committed suicide. one has sense of right and wrong resigned and the other is in my life-ever." under investigation BILL CLINTON defending Hillary Rodham "Washington is Salem. If Clinton against charges we're not lynching of ethical misconduct somebody 24 hours a day in the Whitewater affair in this wretched town. we're not happy." "What did the president TOM KOROLOGOS know. and when did Washington lobbvist and Hillary tell him?" CHANDO Nixon White House veteran. SEN. ALFONSE on the ethos of the D'AMATO nation's capital mimicking the famed IVE BEEN Watergate questions to SUBPOENAED! "He is puzzled. He is explain his view of the issues disappointed. But he is in Whitewater a big boy and he has had 000 his share of "Whitewater is not about NATEWATER disappointments in life. cover-ups. it's about Some of them more screw-ups." (g serious than this one." DAVID GERGEN DIMITRI SIMES White House adviser. on the spokesman for Richard difference between Watergate SOCKS Nixon. on Nixon's reaction and Whitewater after Russian President Boris Yeltsin announced he would "You have to remember 1994 CAMMUSO-SYRACL HERALD-JOURNAL not meet Nixon because he the position that all had first visited Russian Republicans have been in opposition leaders for 12 years. where we SEXUAL HARASSMENT were investigated. HAVE ZERO "Who will give something sometimes frivolously If TOLERANCE FOR to bring about a situation THAT SORT OF we get a chance to point a THING. such as this that all finger. why. it requires a human beings will live in saintlessness that is peace. will not murder superhuman. and will not covet the land supernatural to act of one's neighbor?" with restraint." BARUCH GOLDSTEIN REP. HENRY HYDE WANT YOU, who massacred dozens of on his party's aggressiveness SWEETCAKES Arabs at prayer in the West on Whitewater Bank city of Hebron last month. in a grade-school essay written in 1970 SINNE ON POLITICS BY MICHAEL BARONE Is she a liability to feminism? W hile Hillary Rodham Clinton was dodging ques- of the coverage of other first ladies, stressing noncontrover- tions about Whitewater last week, two dozen sial good works and admirable personal qualities. But some members of the National Organization for of it came from reporters eager to persuade the public to Women demonstrated against her critics outside the share their admiration for a feminist icon. "As much as we White House. Well they might, for like the first lady they try to think otherwise, when you're covering someone like have a lot at stake in Whitewater and related charges. In yourself, and your position in life is insecure, she's your our national life, every movement has a stake in the indi- mascot," Time's Margaret Carlson told the Washington viduals who come to symbolize it, and Mrs. Clinton - "a Post. "I try to get that bias out, but for many of us it's there." good wife, a good mother, an effective person in the White The recent negative press and public dismay are proof House," in the words of Clinton consultant Mandy Grun- of the adage that nothing is free in politics; the only ques- wald-has become the personification of the ideas and tion is when you pay the price. It is fueled not just by the personal choices suggested MILLS growing Whitewater scandal by the label feminist. but by agreement with the To some extent it is criticism leveled in this col- healthy for political move- umn two weeks ago that ments to organize around Mrs. Clinton has shown particular individuals. That poor political judgment- is one way a cause's ideas some of the fallout from and priorities can be vividly which has become even portrayed. But there can be NATIONAL more apparent since that a danger for a movement in column. Her bad judgment identifying too closely with on health care is evident an individual if he or she makes mistakes that can dis- Support daily: Neither of the House health subcommittees writ- credit the cause. ASTRONG ing health bills is using her That happened in the past massively complicated re- when conservative men WOMAN form scheme as the basis for showed loyalty as blind and its efforts. Moreover, her in- steadfast to flawed leaders CHITERNATIONAL sistence on quotas in ap- as that of the liberal women HOMENS PAY pointments, which has left now lashing out at Mrs. many government posts un- Clinton's critics. The cause Feminists who stake their filled or filled by less than of anticommunism was un- movement on Hillary Clinton's optimum appointees, has der a pall for four decades cast doubt on the earlier because of the false and reckless charges of Sen. Jo- success are taking a serious risk. raves about her. And her possible involvement in seph McCarthy. Similarly, if questionable activity in conservatives succeed in Whitewater could under- electing Oliver North to the Senate in Virginia this year, mine the ideas with which she has been identified. they will have chosen as a national symbol a man proved a The last refuge of Mrs. Clinton's defenders is the sug- liar in court (his Iran-Contra conviction was overturned on gestion that critics are motivated by a distaste for power- other grounds) and in a devastating article in the June 1993 ful women. "I want to know what it is that you have as a Reader's Digest. Richard Nixon made himself a champion party and as an individual against the idea of a woman of patriotism and traditional American values, promising who is in power," consultant Grunwald said to Republi- an administration of law and order. His disgrace in the can Sen. Alfonse D'Amato on ABC's "Nightline." Intel- Watergate scandal helped discredit these ideas and lectually, this is bankrupt- an admission that one has run launched the nation on a binge of mocking cynicism in the out of arguments on the merits. 1970s, which led us to undervalue critical national Perhaps more important, Grunwald has it exactly strengths until they were reasserted in the 1980s. wrong: The people who had trouble with a powerful wom- Afawning press. Mrs. Clinton has become a hugely impor- an were the journalists and politicians who gushed uncriti- tant symbol for feminists because many women and men cally over Mrs. Clinton, not those who have tried to judge were captivated by her pre-White House life as an attorney her by the same standards we apply to others with similar and by her White House work making policy on major power and responsibilities. She has shown, at the least, issues. Many others joined in the cheers raised by the press, dreadful judgment in what is now clearly a scandal. The one of America's most pro-feminist institutions. In the first question is how much this will damage the Clintons and year of the Clinton presidency, except in adversarially con- whether it will discredit the cause of which Mrs. Clinton is servative media, the first lady was the subject of one gushing inevitably a symbol as much as Watergate discredited the portrait after another. Some of this was appropriate, typical ideas associated with Richard Nixon. 38 U.S.NEWS & WORLD REPORT. MARCH 21, 1994 WASHINGTON WHISPERS allow them to bow out gracefully by taking early retirement. Not only will this give the officials a face-saving way to leave the agency but they can do so with a comfort- able financial settlement. Another advan- SUPPORT staff turmoil adds to Clintons' Whitewater woes tage of Woolsey's action: It will permit him to answer CIA critics who have demanded that heads must roll at the agency. AMES spy fallout further strains FBI-CIA tensions Oh, brother! "Are you for or against MOSCOW angers Iran with sale of flawed subs Bush?" To Republican pollster Fred Steeper, the answer depends on which Bush and which mean. TAYLOR JONES FOR USN&WR Upstairs, downstairs. The Whitewater Steeper, who worked on George Bush's firestorm (Page 30) is not the only source 1992 re-election campaign, is now the of turmoil inside the White House these campaign pollster for George W. Bush, days. Well-placed sources say that as a the former president's son who last result of growing tensions between the week won the Texas GOP gubernatorial Clintons and the usher's office which is nomination. But in the race for the GOP responsible for support and housekeep- gubernatorial nod in Florida, Steeper is ing functions-many of the executive polling for state Insurance Commission- mansion's 130 full-time permanent em- er Tom Gallagher, a potential primary ployees fear for their jobs. The problems opponent of Jeb Bush, George W.'s began early last year when Mrs. Clinton younger brother. Polls show both broth- blamed them for having leaked a story claiming she had thrown a lamp at her INTELLIGENCE ers trailing incumbent Democrats. husband during a domestic tiff. Al- though both the Clintons and the staff Damaged goods? Moscow is in hot wa- agree that the tale had no foundation in ter with Tehran over a $500 million ship- fact, the incident continued to irk the ment of two Russian Kilo-class subma- first lady and exacerbated her relations rines to the Iranian Navy. West European with chief usher Gary Walters. Deter- intelligence sources report that the Irani- mined to assert control over domestic ans have discovered serious flaws in the operations in what essentially is her subs' electronic and radar systems that home, Mrs. Clinton earlier this month "almost caused a major tragedy" when fired Chris Emery, the popular assistant one of the subs attempted to surface. The usher. Staffers contend that the only CIA Director James Woolsey Iranians are so angry that they have de- possible reasons for Emery's ouster were Grace under pressure layed accepting a third Kilo sub and have his Republican leanings and an overly turned to India for technical and mainte- loud dispute in February with a member nance help. They are also expected to de- of Mrs. Clinton's personal staff. Rela- nage cases since 1991. Bryant and FBI Di- mand compensation from Moscow. Nev- tions between upstairs and downstairs rector Louis Freeh were asked to explain ertheless, the Pentagon is still worried were further vexed by the Clintons' re- why CIA officer Aldrich Ames hadn't been because it believes the subs are capable of cent decision to clean out the kitchen by unmasked sooner as an alleged Russian laying mines in the Persian Gulf. demanding the resignations of Pierre mole. One possible reason: the failure of Chambrin, the executive chef, two assis- the FBI and CIA to get along. Bryant told tant chefs and a young pot-scrubber the Senate Intelligence Committee that be- Renaissance man. On most campuses, whose still-unexplained dismissal ran- cause of the agency's lack of cooperation, the description "triple threat" applies kled the entire staff. Such firings are rare the bureau recently pulled its resident agent to football halfbacks, but at Illinois among the historically loyal, discreet and from the counterintelligence center at CIA Wesleyan University this September, it nonpolitical staff. Not surprisingly, many headquarters in Langley, Va. Later, in an- could be used to describe the Renais- of them are afraid of the first lady's other closed-door hearing, CIA Director sance man performance of Sir Edward wrath. Explains one staffer: "You don't James Woolsey fired back, blaming the Heath. During a busy two-day stint at know what mood you'll catch her in. FBI for the friction and citing, among oth- the Bloomington campus, the former She's quick-tempered and wants things er incidents, the bureau's decision to re- British prime minister is scheduled to now." A spokesman for Mrs. Clinton move its agent. The senators demanded lecture on Japanese art, conduct the says that he is not aware of any rift. that both institutions provide rundowns on university orchestra and give "a master investigations that had been hampered by class" on statesmanship. In addition, their conflict. Meanwhile, to avoid further Heath could offer a master class in sea- Finger pointing. In secret congressional damage to CIA morale, Woolsey has de- manship. He once captained a British testimony last week, Robert "Bear" Bry- cided not to force the resignation of about national sailing team. ant, the FBI's counterintelligence chief, al- a dozen senior officials considered respon- leged that the CIA had failed to cooperate sible for letting the accused spy go unde- with the bureau in nearly a dozen espio- tected for eight years. Instead, Woolsey will EDITED BY CHARLES FENYVESI U.S.NEWS & WORLD REPORT. MARCH 21. 1994 27 OUTLOOK Where's the cheering press? eorge Bush was recently asked what he missed When Whitewater first surfaced during the 1992 cam- least about Washington. "Dealing with the press," paign, it was dismissed by the press as too complicated. he snapped. That answer reflects an article of faith When the story was revived last fall, Team Clinton thought among Republicans: that a left-leaning, pro-Democratic the same thing would happen. But that assumption mis- press corps cost Bush the 1992 election by leading the judged the difference between the way the press covers a cheers for Bill Clinton. campaign and an administration. Events that seem small in ONE WEEK Those cheers have clearly faded. If a political context take on new size and meaning when there ever was a pro-Clinton cast to viewed through the magnifying lens of the White House. press coverage, it has been washed away by Whitewater. Moreover, a campaign ends in a few months. An adminis- Washington journalists have only two enduring biases: tration lasts four years, giving editors more time, and incen- against entrenched power and in favor of a good yarn. Both tive. to invest resources in investigative projects. prejudices are now hurting the president. Almost 20 years after Richard Nixon's resignation, the 8 U.S.NEWS & WORLD REPORT. MARCH 21. 1994 CHARLIE ARCHAMBAULT USN&WR Washington press corps is still inspired by Watergate. It was Whitewatered. The press's two enduring biases - against the "good war" of the journalistic fraternity. A whole genera- entrenched power and in favor of a good yam - are hurting. tion, now filling the major beats and editing slots at many news organizations, grew up dreaming of being the next Woodward and Bernstein, of the day when Dustin Hoffman The Republicans are doing their part, playing on the guilt and Robert Redford (or Tom Cruise or Denzel Washington feelings of a press corps that had gotten a bit too cozy with the or Holly Hunter) would play them in the movies. Clintons, by demanding equal-opportunity cynicism. And One of the biggest mistakes the White House made in many journalists are willing, if unindicted, coconspirators, handling Whitewater was to set those dreams racing. As thrilled to be setting up their satellite trucks outside the federal Clinton adviser George Stephanopoulos admits, the admin- courthouse where White House aides were summoned to ap- istration's damage-control operation did more damage than pear. With Nancy Kerrigan at Disney World and Tonya Har- it controlled. Suddenly, the story was no longer about bor- ding in the background, something had to fill the news vacuum. ing bank records and intricate land deals in an obscure ru- Last December, Bill Clinton was already starting to sour ral state. The old words. like the lyrics from a half-forgotten on the press, complaining to Rolling Stone magazine that he battle anthem, were echoing again through the newsrooms had "not gotten one damn bit of credit from the knee-jerk of the capital: subpoena, shredding machine, grand jury, burn liberal press." George Bush, or any ex-president. would cer- bag. And the most resonant of all: cover-up. tainly nod in sympathy. STEVEN V. ROBERTS U.S.NEWS & WORLD REPORT MARCH 21. 1994 9 Hard Times For Hillary Whitewater is clouding her image. How much is 12 she to blame? MARCH 21, 1994 TIME VOL. 143 NO. 12 THE WEEKLY SMAGAZINE TO OUR READERS 4 LETTERS 9 CHRONICLES 21 MILESTONES 26 COVER: Hillary Under Fire 28 The most unaccountable member of the government is suddenly being called to account for her actions. A close look at how she operates helps explain why Whitewater became such a mess. Rose Law Firm: Shredding a reputation The Woman in Question: An interview with the First Lady Terrorism: Iran's hunt for The Political Interest: Roger Altman on the spot China: Another warning to dissidents abroad stop using prison labor Perspective: Watergate versus Whitewater ESPIONAGE: Questions at an Inquisition 40 After the Ames arrest, Congress demands tighter security LAW: Asylum from a Culture of Pain 45 A woman fights deportation-and female "circumcision" SUPREME COURT: A Good Rap for Parody 46 David Souter finds for 2 Live Crew's send-up of Roy Orbison ROBE TRIPPE TIME CHINA: Cold Shoulder 47 Beijing shows no inclination to coddle dissidents-or the U.S. SOUTH AFRICA: The Bloody End in Bophuthatswana 48 White extremists fail to rescue a vestige of apartheid TERRORISM: The Tehran Connection 50 An exclusive report on how Iran hunts down its opponents abroad BUSINESS: Building a Hospital Empire 58 Rick Scott's Columbia/HCA has its own health-reform plan TAKEOVERS: First Blood in the Fight for Grumman 60 Two traders come up short in what looks like an inside deal Finance: Goldman Sachs made a ton of money last year DEVELOPMENT: The New Battle for Manassas 61 Disney may succeed where the Grand Army of the Potomac failed HEALTH: Should Cigarettes Be Treated as Drugs? 62 The addictive nature of nicotine may lead to tighter regulation THE ARTS & MEDIA Cinema: Who's that Irish prisoner? Who's that Manhattan dandy? Oscar nominee Daniel Day-Lewis is a cool virtuoso 66 Cover: Has the First Lady's inner circle overprotected her? Tabloid troubles in Ron Howard's The Paper 71 Belle Epoque, a sunny Spanish Oscar nominee 71 Music: Why Sinatra just won't quit 72 The solo beat of drummer Evelyn Glennie 73 THAIN ZZ Top has a gloriously gritty new album 74 Sarah McLachlan writes songs from love's ragged edges 74 Books: Ethan Canin plumbs man-to-man combat 76 Television: The magazine shows go crazy for crime 77 PEOPLE 79 ESSAY 80 Development: When Mickey Show Business: Daniel Day- COVER: Photograph for TIME by Dirck Halstead comes marching home Lewis, chameleonic star TIME SSN 10020-1393 TIME TIME 30601 33630-0601 For subscription cueries. Customer Service at 1-800-843-TIME (8463). CHRONICLES THE WEEK MARCH 6 12 NATION Gray Eminence to the Rescue Lloyd Cutler, venerable pillar of the Washington establish- ment, was tapped by Presi- dent Clinton to take control of the increasingly ominous Whitewater affair as interim White House counselor. Cut- ler, who held the same posi- tion for Jimmy Carter, em- phasized that he would take the job for no more than 130 days and would serve with- out pay. More Whitewater At a White House press con- ference the President lashed out at questions about the role of Hillary Rodham Clinton in the affair, saying, "I have nev- er known a person with a stronger sense of right and wrong in my life-ever." As the first three of six subpoe- naed White House officials appeared before a grand jury, Republican Senators ap- peared willing to let the inves- tigation continue for several months before demanding public hearings. Oh, Pretty Parody A unanimous Supreme Court opinion has broadened the application of "fair use" in copyright law. Writing for the court in favor of the rap group 2 Live Crew, which IN THE SPOTLIGHT: Washington lawyer Lloyd Cutler-seasoned, venerable, not a MARK FREDRICKSON FOR TIME had produced a raunchy ver- former crony of Hillary's-answers the White House call for help sion of the 1964 classic Oh, Pretty Woman, Justice David Souter said parody "can pro- YOX P07 HURTS SO GOOD vide social benefit by shed- ding light on an earlier work and, in the process, creating Did you tell a " know something about Hillary and a new one." lie last week? Bill Clinton right now. I know how their 4 Sale, Cheap! Satellite Pix! YES 38% stomachs churn I know their inability After months of debate among intelligence agencies, the Pentagon and the Com- 57% to sleep at night and their reluctance to NO merce Department, the Clin- ton Administration an- rise in the morning I know all this, and nounced that it will permit NOT SURE 5% commercial firms to market the thought of it makes me happy. advanced spy-satellite tech- -RACHEL ABRAMS, WIFE OF FORMER ASSISTANT SECRETARY OF From a telephone poll of 800 adult Amencans nology to customers around taken for on Mar 9.10 by Tankelovich STATE ELLIOT ABRAMS (CONVICTED OF IRAN-CONTRA-RELATED PER- the world. Some experts fear Partners Inc Sampling error is : 35 JURY); FROM A WASHINGTON TIMES OP-ED PIECE ON WHITEWATER TIME MARCH 21. 1994 21 CHRONICLES the move could compromise national security. WINNERS LOSERS The High Cost of Writing The U.S. Postal Board of DAVID LESLIE Governors approved a 10.3% SOUTER ABRAMSON DIANA FOR TIME increase in rates, a move that He pleases media élite Menendez attorney would boost the price of by supporting parody in won't collect any copyright case taxpayer-funded fees RICHARD Perot-aligned Texan Missing from his criti- MARC GIBOUX GAMMA LIAISON mailing a letter to 32c. JAMES Butting Out FISHER BROOKS In a decree that will affect 2.6 million uniformed and spends big $ to gain cally lauded Critic TV Senate primary runoff show: an audience civilian personnel, the De- fense Department banned CHRISTIAN FRANCES smoking from the military FUNDAMENTALISTS LEAR workplace. And Maryland Takeover of Baptists Her eponymous mag became the first state to stub continues as moderate for over-40 women seminary prez is fired folds with April issue out smoking in all work- places-including bars, restaurants and convention facilities as well as offices. In MAP People Who Eat Hostess Twinkies Washington, 20,000 angry smokers and tobacco-industry Nationwide, an average 13.5% of Americans say they eat Twinkies, the renowned snack cakes. Twinkie eaters tend to live in rural areas and are more likely than other Americans to enjoy bacon, aerosol-can cheese, Kool-Aid and malt workers demonstrated against liquor. Ironically, the San Francisco Bay Area, home of the famed "Twinkie defense," ranks low on Twinkie consumption. an Administration proposal to raise the federal excise tax from 24c a pack to 99c. High Above Below Low average average Throwing Away the Key The controversial sentencing bill known as "three strikes, you're out" was signed into law by California Governor Pete Wilson. Enacted in the wake of a national furor over the kidnapping and murder of 12-year-old Polly Klaas, al- legedly by a parolee, the measure would lock up third- time violent felons for life without parole. Parade Rest The veterans group that sponsors Boston's St. Patrick's Day parade said it is From LATITUDES AND ATTITUDES An Atlas of American Tastes, canceling this year's march, Trends, Politics and Passions : 1994 ty Vichael Weiss Little. Brown (forthcoming) Claritas Inc Simmons Market Research Bureau rather than accede to a ruling by the Massachusetts Supreme Judicial Court that Senator Pothole Calls the Kettle Black a gay group be allowed to join the parade. U.S. Senator Alfonse D'Amato of New York is leading the G.O.P. charge on Whitewater. As a stiff-backed ethicist, he is something of a rookie: ASHE FOR TIME Tonya Again 1975 D'Amato denies under oath knowing about the "1% rule," by which Tonya Harding is free to government workers in Nassau County, New York, were coerced into kick- compete in the world cham- ing back 1% of their salaries as contributions to the Republican Party. pionships in Chiba, Japan, 1981 Accepts campaign contributions from John Shad, who was seeking the chairmanship next week. A hearing before of the Securities and Exchange Commission. D'Amato was chairman of the Senate sub- a panel of the U.S. Figure committee that oversees the SEC. Shad won the chairmanship. Skating Association that might have ended her skat- 1985 Is forced to admit he was aware of the Nassau County kickbacks, with the emergence ing career was postponed by of a 1971 letter he wrote on his personal stationery in which he referred to the practice. a federal judge, who said 1992 Senate ethics committee criticizes D'Amato for letting his brother (later convicted of Harding's lawyers had not fraud) use his office and his official stationery to lobby for a defense contractor. had enough time to prepare her case. 22 TIME MARCH 21 1994 18A THE CHARLOTTE OBSER VER Friday, March 18, 1994 The Charlotte Observer ROLFE NEILL, Chairman and Publisher JENNIE BUCKNER, Editor JOHN LUBY, General Manager GENE WILLIAMS, Executive Vice President ED WILLIAMS, Editor of the Editorial Pages FRANK BARROWS, Managing Editor ToM BRADBURY, JACK BETTS, Associate Editors Editorials Whitewater witch hunt unfair to Clintons The recent spate of activity in- volving the investigation of the Clintons' roles in the Whitewater development represents a gross injustice to the man as well as $ the office. I am d 3 saddened to see e the degradation in our society S that would al- e low a partisan group to cause our government SI to spend thou sands of man- hours and mil- Erwin h lions of tax payer dollars when, to my knowl- edge, no charges have been brought forward to link the Clin- ir tons to any wrongdoing I have known the Clintons for many years to be people of the ie highest integrity. They are intelli- gent, sensitive, caring people who are trying to make improvements do to our society for the benefit of ny future generations. We need to confine the debate to the legiti- ful mate issues of society, rather than allowing this witch hunt at the D expense of the American public. ht MARK W. ERWIN 1. Charlotte Chicago Undecided on Eve Of Rostenkowski's Primary By ISABEL WILKERSON Special to The New York Times Ex-Partner of Clintons CHICAGO, March 14 - The North Mr. Cullerton but is supporting Mr. Side commuters waiting blankly for Rostenkowski for what she said he the el train this morning in their trench Seeks Money for Fees brings to Chicago. "He's only done coats and earmuffs did not look as good by us. We have to stand by him," though the country's future was resting she said. on their shoulders, even though some Special to The New York Times Democrats say it is. The campaign season got off to a LITTLE ROCK. Ark., March 14 - A There were few campaign buttons distracted start as events like the Cali- former partner of the Clintons in the and little spontaneous talk of politics. fornia earthquake, the record snow and Whitewater real estate venture ap- There was a lot of indecision just 24 cold here, and the Olympic saga of Tonya Harding and Nancy Kerrigan peared here today to solicit donations hours before perhaps the most impor- to cover her legal expenses in the in- tant primary of the year, the one that claimed the voters' attention. This year, the number of people registered vestigation of the venture. will determine whether Daniel Rosten- The partner, Susan McDougal, said kowski, the larger-than-life chairman to vote in Chicago has dropped to the second lowest level in 70 years. during a news conference that neither of the House Ways and Means Commit- she nor her former husband, James B. tee, will be renominated and whether, Even the gubernatorial campaign some say, the President's health care with a woman, state comptroller Dawn McDougal, violated any laws when plan can be passed or welfare reform Clark Netsch, and a black, State Attor- they invested in Whitewater Develop- ment Corporation with President Clin- can take shape. ney General Roland Burris, as the top ton and his wife, Hillary, or managed a If these things are true, then the contenders for the Democratic nomi- nation received sparse attention until failed savings and loan, Madison Guar- country's fate lies in the hands of peo- the last month. Mrs. Netsch leads going anty. ple like Josephine Barzowski, a hair- dresser. and Jennie Podbielski, a sec- into Tuesday's primary and could be- Ms. McDougal refused to comment on the Clintons' involvement in the 1978 retary, and Fred Gibson, a refrigera- come the first woman to be governor tf Arkansas resort development except to tion plant worker, along with the thou- she can win an uphill battle in Novem ber against the incumbent, Jim Edgar, say that recent Federal investigations sands of other mostly working-class a Republican. into Whitewater and Madison were un- people who live in Rostenkowski coun- dertaken simply because Mr. Clinton try. While they might give him a grade Mr. Rostenkowski has spent much of of "D" in ethics but an "A" in pork. his campaign time appearing with VIS- was elected President. Her lawyer. Bobby McDaniel, said "He's not the only crook," said Jane iting Democrats and announcing Fed. Karsakow, a billing clerk chafing from eral financing for local projects, like- Ms. McDougal had no knowledge of helicopter for the Chicago Fire Depart any inappropriate investments or ille- the cold on the platform this morning. ment, which was delivered today - gal transfer of money from Madison to "He just got his hand caught in the Whitewater. Federal investigators are kitty. They're all doing something." Meigs Field downtown. also examining whether money from About 600 campaign workers will be Fight for Political Life Madison was illegally diverted to Mr. out on Tuesday, knocking on doors 10. Clinton's 1984 campaign for governor. Ms. Barzowski was less forgiving. "I get out the vote for Mr. Rostenkowskt: Mr. McDaniel said Ms. McDougal think that he's been in office too long To compete, Mr. Cullerton sent OUL. had no financial documents relating to and that we need someone fresh and 50,000 mailings, each with a spent but- Whitewater or Madison. He said Ms. new in there," she said as she gave Mrs. Podbielski a permanent. "I think let casing to make a point about the McDougal, at Mr. Clinton's request, need for gun control. But the tactic delivered one box of Whitewater that all these allegations about him are records to the Governor's Mansion true and that it's about time he got seems to have backfired: Some votere caught and that he's going to have to thought it was invasive; some mistook sometime in 1991. Ms. McDougal also face the music, basically." it for a death threat. An all-star cast of gave all five boxes of Madison records After 35 years in Congress, this has Democrats, including House Majority to Federal regulators and investiga- Leader Richard A. Gephardt, Secre- tors in the late 1980's, Mr. McDaniel become the toughest fight in the chair- man's political life. Not only was a tary of Labor Robert B. Reich, former said. tonier lakefront section added to his vice presidential candidate Geraldine Ms. McDougal has pleaded not guilty district, giving him a whole new set of M. Ferraro and President Clinton him- to separate unrelated charges of forg- less sympathetic yuppies to win over, self, have come to Chicago in the last ery and grand theft in California. but he is fighting a Federal investiga- two weeks to impress upon voters how tion into possible embezzlement and important Mr. Rostenkowski is to payroll padding as well apathy and a Washington and why maybe they-- general anti-incumbent orneriness should overlook for now the cloud of among voters. Federal investigations for the good of A Chicago Tribune poll published the country. last week had Mr. Rostenkowski lead- But it has made little impression on ing his main challenger, State Senator Nancy Zornes, a secretary in running John Cullerton, by a narrow margin. shoes, carrying a tote bag onto the el. The third main candidate, Dick Simp- who said she had not made up her mind son, a political science professor and yet. former alderman who mounted a "I was going to do some thinking strong primary challenge against the about it today," she said. "I saved up chairman in 1992. was far behind in the that thing in the paper. the ballot thing poll. they print. I know everybody's hot and According to the poll, as many as one heavy for Rostenkowski, but I just in three voters is undecided. "My hus- don't know." band says Rostenkowski brings a lot of 'He's Just One Man' money to the city and he's learned his lesson now," Mrs. Karsakow said. "I All the talk about power and the don't know what to think. I'll have to collapse of Government if the chair- listen to what my husband says tonight man loses worries Mary Gremmler, an to convince me. I probably won't know office manager. "He's just one man." till I get in the booth." Ms. Gremmler said. "God forbid that Few Signs of Campaign one country depends on one man and a corrupt one at that. That's one of the The chairman's home base is a dis- problems that one man could wield trict shaped like a caterpillar that ex- that much power." tends from the sliver of high-rise con- dominiums and espresso bars on the Others said they would "hold their lakefront to the bungalows that consti- nose and vote for Rosty." Pamela tute most of the district further west Hewett, a florist in the trendy Buck- and in the bordering suburbs. town section, is one of them. "I want Along the main thoroughfares, past this health thing passed," Ms. Hewet the beauty schools and bike shops on said. "He's an old boy, and he does THE NEW YORK TIMES. TUESDAY. ARCH 15. 1994 Irving Park Avenue, the lofts and tav- things the old way. You can't expect a erns on Clybourn. the warehouses on politician to be a role model." Elston and the galleries and tortilla That IS in keeping with Chicago-style shops on Milwaukee Avenue, there are politics, some would say. "Chicago has few blue Rostenkowski campaign post- always had a high tolerance for ethical ers taped to lampposts or peeking from deviance," said Don Rose, a political picture windows. consultant who is a Cullerton ally. Chi- But then people know him already, cago voters, he added, are like long. and some Democratic regulars feared time owners of a cat. "It's like I have a that too nign a profile could actually cat, and don smell anything, ne turn off voters. said. "Someone comes in from the out- "It's a race that's so touchy, it cuts to side, and says, 'My God, your litter box the bone." said Patricia Jo Cullerton needs changing.' It's like I'm used to a the 38th Ward committeewoman. who certain level of stench from my litte: IS a second cousin. once removed. of DOX. and so I don't notice it.' Observer RUSSELL BAKER Mired in Stardom A writer named Neil Postman pub- The reason this rickety construc- lished a book a few years ago arguing tion of innuendo and circumstance that America was entertaining itself occupies the media so intensely is to death. It was an entertaining book, that Presidents are central to the which undercut the force of its argu- American need to be entertained. ment. If Postman was really afraid Government is too complicated to we were being entertained to death, be entertaining: those 535 characters what was the idea of writing an enter- in Congress, all those mysterious reg- taining book about it? Was he trying ulatory agencies, lobbies, Pentagon, to speed us into the hearse? State Department. It is a pandemo- Still, he had a point. Cassandras nium of incomprehensible realities. howl about drugs, tobacco and high- Worse than that, it is dull. Dull, dull, fat diet. but it's entertainment that dull! A country dying for and of enter- has us all hooked. Drug-free, tobacco- tainment can't stand for dullness, cleansed, dietetically approved by the doesn't want incomprehensible reali- American Dreary Dining Association millions of us may be, but cut off our daily entertainment fix and you will see an entire nation writhing in Pro- The President methean agonies. No, I am not about to beat up on as entertainment. poor old television one more time. Television has our minds by the throat, and we all know it, and it's useless sermonizing about it because we are as powerless to stop gaping at ties, doesn't want hundreds of Con- it five, seven, thirty-two hours a day gresspeople, thousands of lawyers, as the pathetic nicotine fiend is pow- hundreds of thousands of mind-glaz- erless to stop himself from lighting ing complications. just one more. It wants entertainment. This is why It's the so-called Whitewater busi- almost all media coverage of govern- ness that brings Postman's thesis to ment centers on the President, his mind. The likelihood that Whitewater wife, his family and his entourage amounts to more than a hill of beans They provide a manageably small - or at the most, two or three hills of cast for a national sitcom, or soap THE NEW YORK TIMES. TUESDAY. MARCH 15. 1994 beans - seems very slight to me. opera, or docudrama, making it easy Whatever was done seems to have for media people to persuade them- been done on the small-bore Arkan- selves they are covering the news sas scale, involving a small-bore sav- while mostly just entertaining us. ings and loan and some two-bit mon- The Whitewater business is a natu- ey transactions with Bill Clinton back ral for a press that needs to be enter- when he was Governor of Arkansas, a taining. The realities of Clinton gover- small-bore statesman in the kind of nance - health care and welfare re- environment where the Establish- forms, declining standards of living, ment usually consists of the local alarming trade imbalances - are real-estate speculator, two lawyers, a hard to cover in the press and impos- feed-grain capitalist and the town's sible to cover on television in ways white undertaker. that entertain. If there was dirty pool, obviously it Whitewater. on the other hand, is a should not be excused. With a high- script writer's delight. We have fear- powered counsel on the job, it obvi- less reporters going jaw-to-jaw with ously won't be. Obviously. the Clin- the star of the show. We have bush- tons will pay dearly for it. league Richelieus like Dole and D'A- Still, Washington reporters, who mato playing the Suave Forces of are in a lather about "in Water- Righteousness on camera. We have gate mode," George Bush might have justification for endless pondering said - must have enough experience about the First Lady. Love her or of their own state legislatures to hate her, she's everybody's favorite know that state capitols are natural female character in this show. breeding cultures for cheesy little No, Watergate it's not, nor even back-scratcher deals. Iran-contra, both of which were about Not that there is any evidence yet criminal abuses of Presidential pow- that Whitewater involved the Clintons er. Big stuff, really great shows, in such stuff. So far there is no evi- those. Still. Whitewater is the best dence of anything except White news in Washington now that Barbra House bumbling. There is only "May- Streisand no longer guests at the be" followed by, "If so, then maybe." White House. Al What's News- A U.S. Air Force plane grashed off Kenya's coast en route to Somatia, killing at least one crew member and leaving 10 others Convex Computer plans to unveil Business and Finance unaccounted for, the Pentagon saki. At today a long-awaited supercomputer three crew members survived. based on massively parallel process- G E CAPITAL launched a $2.2 bil- ing. in a bid to revive its growth pros- Adm. Jeremy Boorda was nominated by lion takeover bid for Kemper, but pects and return to profitability. Clinton to succeed Adm. Frank Kelso as the the money management, brokerage (Article on Page B6) Navy's top officer. Boorda, commander of and insurance company rejected the NATO forces in southern Europe, # d offer. GE's financial services unit ap- J.P. Morgan will back a restructur- become the first chief of naval operations to ing plan by the new management of rise from the enlisted ranks if he is pears to be moving toward what could Banesto, the Spanish bank that was firmed. Kelso announced his retirement become an outright hostile bid, saying it could sweeten its $55-a-share bid if it seized and in which Morgan has a big month, citing the Tailhook controversy. obtained additional information about stake, people close to the plan said. Thousands of small communities lack the Kemper's finances. Kemper shares (Article on Page A12) funds necessary to meet federal drinking soared $16.125, or 39%, to $57. water requirements and need help finding (Article on Page A3) Two large pension funds joined a cheaper ways to make their water safe, a nonprofit builder and three big Cali- congressional report said. Separately. an Disney agreed to spend about $750 fornia financial institutions to launch environmental group, the National Re- million to bail out its 49%-owned Euro an affordable-housing initiative. sources Defense Council, said the las Disney affiliate, apparently ending a (Article on Page A8) cities use outdated filtration technology. threat to close the theme park. Markets- Georgia's Senate gave final legislative (Article on Page A3) Stocks: Volume 260,138,940 shares. Dow approval to Gov. Miller's proposal to Jones industrials 3862.98, up 0.28; transpor- criminals to prison for life without parole for Breast-implant makers and plain- tation 1726.12. up 5.08; utilities 208.61, off a second violent-crime conviction. For the tiffs reached an accord on all major re- 1.18. measure to take effect, voters must approve maining issues in the $4 billion sili- Bonds: Lehman Brothers Treasury index a constitutional amendment in a November cone-implant settlement, the largest 5270.39, down 22.23. referendum. Georgia would then become the product-liability pact in U.S. courts. Commodities: Oil $14.49 a barrel. up five first state with a "two-strikes" policy. (Article on Page A2) cents. Dow Jones futures index 145.28, up 0.41: spot index 132.09, up 0.51. Secretary of State Christopher urged Eight former Honda sales and ad- Dollar: 106.10 yen. up 1.1; 1.6900 marks, Russia's Foreign Minister Kozyrev to his vertising executives pleaded guilty to up 0.0075. influence to bring Bosnia's Serbs into a peace accord reached by Croats and Mus- bribery-related charges. They admit- lims. Separately, France chastised U.N. ted they took bribes from dealers in World-Wide civilian officials for failing to order air exchange for generous supplies of hot- attacks on Serb gunners who fired at French selling cars and coveted dealerships. peacekeepers over the weekend. HUBBELL RESIGNED abruptly from (Article on Page A4) his senior Justice Department post. The Inkatha Freedom Party said it Associate Attorney General Hubbell, Deloitte & Touche agreed to pay still take part in South Africa's elections locked in a billing feud with his former law $312 million to settle government the balloting would have to be postponed to firm. resigned. His departure leaves the claims linking the accounting firm to a give the party time to campaign. Inkatha leadership of the Justice Department reeling leader Buthelezi urged "flexibility the number of costly thrift failures. from its second top-level resignation in resolution of the date problem." The rival (Article on Page A6) recent weeks. While Hubbell's decision to African National Congress has ruled out leave stemmed from the billing dispute delay in the April 26-28 voie. A top strategist in IBM's multi- with the Rose Law Firm, his announcement media effort quit to join Blockbuster drew attention to the Whitewater contro- Tuberculosis was found in the body of a Entertainment, the corporate partner versy. (Article on Page A22) 1,000-year-old woman in Peru, giving strong he had recruited to work with IBM. Hubbell has come under fire for his evidence that a disease lethal to the is representation of the RTC after it took (Article on Page B10) of American Indians was in the New World over Madison Guaranty. Hubbell and the before Columbus and not a plague brought Rose Law Firm represented the RTC in a Grumman agreed to deliver this by Europeans. A report on the study is to be suit against Madison's auditor. week to unwanted suitor Northrop. published in today's issue of Proceedings of which is offering $2.04 billion for the the National Academy of Sciences. China has transferred advanced missile company, the same detailed financial technology to North Korea. according to U.S. information that it has given to its pre- intelligence reports, posing another stum- ferred partner, Martin Marietta, bling block for renewal of China's trade which made an earlier $1.93 billion status. The reports contend that the diame- bid. according to Northrop officials. ter of a new long-range missile being devel- oped by the North Koreans is evidence of (Article on Page A4) China's assistance. (Article on Page A3) Apple expects to unveil a deal this Israel pressed its crackdown against year licensing its Macintosh operating Jewish extremists by focusing on Hebron, system to another computer maker. site of last month's mosque massacre. Police (Article on Page B6) confiscated automatic weapons from Jews and briefly detained a leading rabbi. Sepa- Merrill Lynch's run of bullish earn- rately. a U.S. envoy met with Arafat in ings buoyed the 1993 pay packages of Tunisia but failed to win the PLO leader's its top four executives to more than $6 consent for resuming talks with Israel. million apiece, signaling another rec- Prime Minister Rabin signed an agree- ord year for Wall Street pay. ment to add the religious Shas party to his coalition, giving him a-majority in Israel's (Article on Page C1) parliament. The accord will go into effect after approval by Rabin's Labor party. U.S. Shoe should be broken up into three separate companies, said Alfred Sen. Packwood conceded defeat in a legal Kingsley, an investor who is drum- fight over his diaries, agreeing to turn them ming up support for the proposal. over to the Senate Ethics Committee for its (Article on Page A5) investigation into allegations of sexual and THE WALL STREET JOURNAL TUESDAY, MARCH 15, 1994 official misconduct. The Oregon Republican said he was ending a challenge to a district court order that directed him to give the panel the diaries it subpoenaed last year. Officials from G-7 nations discussed global unemployment during a conference in Detroit. President Clinton urged the Group of Seven officials to focus on ways to 2 create jobs. (Article on Page A2) Inner Circle Minding the Institution Is Shrinking This week, the First Lady, already feeling angry and defensive about questions about her role in the White- are Webb Hubbell and Mack McLarty water matter, saw the legal pyramid Then, there's a big gap before you get Clintons See Another she had put in place largely dismantled to Gergen and Stephanopoulos. And and her lieutenants disappearing. In- then a very large gap before you get to Little Rock Friend Go stead of being surrounded by old men- anybody else.' tors and law partners, Mrs. Clinton Clinton advisers acknowledge their now has the new White House counsel, problems in fitting into the capital cul- Al Mr. Cutler, whose very presence IS an ture, but they blame it partly on what By MAUREEN DOWD implicit rebuke to the Clintons that they see as prejudice against outsiders. Special to The New York Times they had neither the experience nor "Any institution, and you can call WASHINGTON, March 14 It was a wisdom to operate in Washington with political Washington an institution, is small, golden group, the Friends of Bill their own set of old friends. always going to act in its own interests When the Senate Finance Committee and be suspicious of outsiders," said and the Friends of Hillary, and for a chairman, Daniel Patrick Moynihan of Paul Begala, a Clinton political advis- time it ruled supreme, operating al- New York, said on "Face the Nation" a er. "I think there is a great deal of most as a White House within the White week ago, before Mr. Cutler's appoint- prejudice showing here from, let us House. But now, as the Ad- ment, that Mr. Nussbaum's successor say, the sort of people who refer to ministration reels from should be "someone who is not a friend Washington as 'this town.'' News departure to sudden de- of anybody working there now, but is a "Here's my prediction at this point," Analysis parture, there is an eerie friend of the institution of the Presiden- Mr. Begala added. "If the Arkansas sense of subtraction that cy," his remark was taken as a caution Razorbacks lose in the N.C.A.A., people recalls the Agatha Christie mystery to the First Couple that they should here are going to find a way to blame it "And Then There Were None." stop running the White House with a on the First Lady." This was the first Administration small group of friends who were seen At the Danger Point as being overprotective of the Clintons built on baby-boomer networking, with and their past, sometimes at the ex- The danger that the Clintons face the primary example being Hillary pense of the institution. right now, say many inside and outside Rodham Clinton's fiel the Administration is that they are at a where top jobs were given to her departure emotionally painful, their us suit that aides said. Yet, their relationship with the Carter Administration. friends and former law partners. The essential quality of those in the their friends is now so convoluted that What once seemed fresh now seems Clintons' inner circle was the shared White House officials put out word 10. simply unsophisticated; where the intimacy of past times together. But day that Mr. Hubbeli and not even CO: intons and their voung team used to now, that very intimacy is claiming sult the Clintons as he agonized over seem brainy, now they just seem inex- whether to go or stay, only sending perienced and stumbling. Where the them, one by one, creating a chain of messages through Mickey Kantor, an Arkansans once won praise for their casualties that has left the survivors in establishment lawyer who is now the outside-the-beltway populism, they the White House feeling shaken and United States Trade Representative. now are censured for very sort of cro- besieged. Increasingly, there is a sense in nyism and elitism that they criticized Washington that the Arkansas political in the Bush Administration. A Dwindling Band culture does not work in the White Republicans are happy to capitalize In May, Harry Thomason, the Holly- House, especially when it is combined on the new conventional wisdom. wood producer who served as the Clin- with the combative campaign culture "Their White House screams lack of tons' theatrical and image adviser, experience, lack of capacity and lack of gave up his White House pass when understanding," said Eddie Mahe, a, accusations of cronyism surfaced after Another Republican consultant. "The only way the First Lady involved herself in the they can solve their problems is to try to get people in there for whom the dismissal of White House travel office employees. In July, Vincent W. Foster subtraction from learning curve is a lot shorter." Mr. Mahe is partisan, but he has Jr., the deputy White House counsel a circle of point. who had been Mrs. Clinton's law part- Mr. Stephanopoulos, the campaign- ner in Little Rock, Ark., committed Arkansans. strategist-turned-White-House-advis- suicide. Ten days ago, Bernard W. er, said, "One of the lessons we all Nussbaum, the White House counsel learned is that coming to Washington, and a close friend of Mrs. Clinton, coming to the White House, as in no resigned amid criticism that he may that produced many of the younger other place, the personal is the politi- have bent ethical standards to protect breed of Clinton aides. cal. We've come to deeply understand the Clintons on Whitewater. The Little Rock culture was rooted in that over the last year, and that has an informal way of doing business, in been one of the toughest realities for us And finally today. Webster L. Hub- which behind-the-scenes relationships to deal with." bell, another of Mrs. Clinton's partners played at least as large a role as the That was in January, before the in the Rose Law Firm who was being evident formal structure of power. The Treasury Department's meetings with investigated by the firm for his billing 1992 Presidential campaign taught the the White House about Whitewater Clintons that a combative, tightly com- were disclosed and Mr. Nussbaum was Continued From Page Al partmentalized operation could tri- forced out, and before Mr. Hubble's umph over a messy past and an inquisi- personal legal problems became such live press. a political liability that he had to re- and expense practices, resigned as As- sign. sociate Attorney General. Circles of Influence "This is a blow to the Clintons, par- In Washington, the Clintons drew on ticularly to Hillary," said a top Admin- the lessons of both Arkansas politics istration official who is close to the and their campaign successes to build couple. "Once again. it casts a bad light a government based. as one former on their private lives 11. Litue ROC. The seaminess of that place attaches circles 01 knowledge and influence. itself to the Clintons through Hubbell, "Think of a circle in the middle with somebody they brought with them, who just the two of them, Bill and Hillary," acted as their eyes and ears at the the ex-official said recently. Justice Department." "Bruce Lindsey is in the next closest The departure of the burly down- ring," he said, referring to the Presi- home Arkansan, combined with the ar- dent's longtime friend and counselor rival of the éminence grise of the from Arkansas. "Then in the next ring Washington establishment. Lloyd N. Cutler, has meaning far beyond most Administration staff shake-ups. Mr. Hubbell, like Mr. Foster and Mr. Thomason, represented the Arkansas past and the political culture that the Clintons took with them to Washington. Mr. Nussbaum. too, had a link with the THE NEW YORK TIMES. TUESDAY. MARCH 15. 1994 past: He was Mrs. Clinton's mentor when she was a young lawyer on the Watergate impeachment committee and he was the New York lawyer who threw business her way when she was trying to be a rainmaker for the Rose Law Firm. A SENIOR OFFICIAL Continued From Page Al family and my former law firm elevat- ed to public speculation," but he ex- ond-in-command, who left in late Janu- pressed confidence that his dispute ary citing differences in managerial with the law firm would be "resolved QUITS JUSTICE POST approach with Attorney General Janet satisfactorily." A Rose partner. Herbert Rule. de- Reno. clined to comment tonight after a Today, some of his associates traced meeting at the firm's downtown Little AS PRESSURE RISES his conflict with Rose to a bitter feud Rock headquarters. that developed when a group led by In his statement, Mr. Hubbell said, him and Mrs. Clinton pushed other "After a thoughtful weekend. I believe partners aside when Mr. Clinton be- that my continued service will not be as came Governor in 1978. The immediate effective as it has been: that the dis- ETHICS ARE QUESTIONED factor that pushed him to resign, they tractions on me at this time will inter- said, was a meeting the Rose partners fere with my service to the country and held tonight to decide whether to refer the president's agenda: and that my Webster Hubbell, an Old Friend, a dispute over Mr. Hubbell's billing and family, although totally supportive, is expenses to the state bar association being harmed." after negotiations to settle it broke Mr. Hubbell's departure has left Ms. Leaves to Spare the Clintons down. Reno without the person who she Turbulence of Departures turned to after Mr. Heymann's depar- Further Embarrassment ture to run the agency day to day and His resignation comes little more who was deeply involved in supervising Al than a week after the exit of Bernard civil rights, antitrust and immigration W. Nussbaum, the White House coun- matters. Mr. Hubble's resignation also By DAVID JOHNSTON sel, who announced that he was step- severs the agency's direct link to the Special to The New York Times ping down a little more than a week White House. WASHINGTON, March 14 - Web- ago. Mr. Nussbaum, a New York law- yer who first worked with Mrs. Clinton No Departure Date Set ster L. Hubbell, one of the inner circle 20 years ago, was forced out after it Mr. Hubbell did not set a precise date that the Clintons brought from Arkan- was disclosed that he met with Treas- for his departure, but he will be hard sas, abruptly resigned today from a top ury Department officials preparing a for Ms. Reno to replace. She had relied Justice Department job in the latest of complaint involing Madison Guaranty. on him for his judgment and his ability string of Administration efforts to In recent days the Administration fraund your comroversies over emics. was suught (Cgails its balance alima nonsmp with Clinton aides who have Mr. Hubbell said he was leaving his the turbulence that surrounded Mr. times regarded Ms. Reno as a grand- job as associate attorney general to Nussbaum's departure. A newly standing loner. spare the President and Hillary Rod- named White House counsel. Lloyd N. He leaves Ms. Reno still trying to Cutler. said that the White House would organize her agenda and manage the nam Clinton further embarrassment , take a newly open approach to Con- 80,000-person criminal justice agency over charges that he overbilled the law without the two top aides on whom firm where he and Mrs. Clinton were Attorneys General have historically once partners. depended to supervise criminal and Administration officials said today civil law issues on a daily basis. that Mr. Hubbell had taken the initia- Another old The firm first raised questions about tive to step down. But senior officials at Mr. Hubbell's billings in mid-1993, ask- the White House did nothing to dis- friend of the ing him to provide further documenta- suade him from resigning, and one tion of expenses related to a lawsuit White House adviser said that it had Clintons leaves filed by P.O.M. Inc., a parking meter THE NEW YORK TIMES. MARCH 1994 been made clear to Mr. Hubbell that his company, headed by Mr. Ward, who departure would be helpful. their side. was later succeeded at the company by Mr. Ward's son, also named Seth Ward. Setback for Clintons The unsuccessful suit charged another Whatever the White House role, Mr. parking meter manufacturer with pat- ent infringement and antitrust viola- Hubbell's exit was a setback to Mr. gressional inquiries. and Mrs. Clinton tions. Clinton and especially Mrs. Clinton. said over the weekend and again today Mr. Hubbell was slow to provide the Mr. Hubbell was a regular golf partner that she had made "mistakes" in her supporting documents and his former of Mr. Clinton's, and he and Mrs. Clin- handling of the Whitewater controvery. partners grew increasingly impatient, ton worked closely at the Rose Law The Clintons never spoke to Mr. Hub- especially as the firm became em- Firm, which has been near the center bell on the matter, an Administration broiled in Whitewater as prosecutors of an independent prosécutor's inquiry official said. Mickey Kantor the United subpoenaed documents and ordered into the Clinton's real estate invest- States Trade Representative, emerged the firm not to destroy any papers as a broker in Mr. Hubbell's weekend ment in Arkansas. Mrs. Clinton, a dom- related to the issue. discussions with his family, friends and inant behind-the-scenes force in shap- In February the partners insisted on associates. On Sunday, Mr. Kantor tele- a fuller accounting of his billings and ing the Administration's approach to phoned Thomas F. McClarty 3d, the expenses. But by then, said one official, legal matters, played a major role in White House chief of staff, to inform Mr. Hubbell and his old associates selecting Mr. Hubbell - a former may- him that Mr. Hubbell was on the verge were barely on speaking terms and Mr. or of Little Rock and State Supreme of a decision to quit. Hubbell was reluctant to provide any Court Justice - for his Justice Depart- Wistful and Bitter information to former associates he no ment post. Early today, Mr. Kantor, who longer trusted. Mr. Hubbell's departure, coming as worked with Mr. Hubbell in Little Rock Some appeared to be upset because the White House is struggling to cope Mr. Hubbell had entered into an un- when Mr. Kantor was Mr. Clinton's with a widening inquiry into the Clin- usual arrangement for a large firm, campaign chairman, again telephoned tons' investment in the Whitewater De Mr. McClarty to advise him that Mr. agreeing to represent P.O.M. on a con- velopment Company, a real estate ven- Hubbell had made his decision. Mr. tingency fee basis, meaning that the Clinton phoned Mr. Hubbell this after- company would pay the firm only if ture that went bad, was another exam:- noon while the President was aboard a P.O.M. prevailed in the case. Because ple of old problems reaching from the ferryboat in Boston harbor. P.O.M. lost, the law firm had to absorb past in Little Rock to trip up a high- what some lawyers following the case ranking Administration official. Another former Rose partner, Vin- estimated were up to $1 million in time Mr. Hubbell's problems have little to cent W. Foster Jr., who was the deputy White House counsel, died of a single charges and other litigation expenses, do with the Whitewater deal, although like the cost of expert witnesses. gunshot wound to the head in July 1993. some of the disputed bills could involve Some of Mr. Hubbell's friends have Mr. Nussbaum found himself in the work on the Madison Guaranty Savings said that he has told them the dispute middle of a furor when it was disclosed and Loan Association owned by James that he turned over some Whitewater over his billings center on small misun- B. McDougal, who was the Clintons' files Mr. Foster had kept in his office to derstandings, over amounts of no more than a few hundred dollars. In one partner in Whitewater. the Clinton's personal lawyer. With the suicide of Mr. Foster and instance they said he mistakenly 'The Right Decision' charged the firm for first class airfare the subsequent departures of Mr. Hub- bell and Mr. Nussbaum, Mrs. Clinton rather than paying the difference be- In comments this afternoon, Mr. Clinton said Mr. Hubbell had per- has lost three principal allies with tween coach and first class according to what they said was his customary formed a valuable service at the Jus. whom she had hoped to shape the jus tice Department, but "made the right tice system. practice. in a written statement that Mr. Hub But others suggest the dispute is decision" to resign to deal with an bell and the Justice Department re potentially far more serious. These investigation into his billings while in vised throughout the day, he sounded people, who have closely followed the private law practice. issue, said that Mr. Hubbell has been alternatively wistful and bitter as he At the Justice Department, Mr. Hub- unable to account for $50,000 to $100,000 confirmed that he was engaged in dis bell's resignation leaves another gap in cussions with his former law firm over in expenses and has failed to provide the senior ranks after the forced resig- "compensation and reimbursement backup receipts or documentation for matters." his expenditures. Much of the money nation of Philip B. Heymann, the sec- was withdrawn from a Rose law firm He expressed regret that he had seer account and much of it was spent for Continued on Page B7. Column I "private issues between me and my travel. 40 Rose partners are also unhappy about Hubbell Resigns Mr. Hubbell's unsuccessful representation of P.O.M. Inc.. owned by his brother-in- law, Seth "Skeeter" Ward. The firm has Key Justice Post had to absorb about $500,000 in litigation costs that P.O.M. said it couldn't pay. according to a person at the firm. And In Surprise Move because Mr. Hubbell agreed to take the case on a contingency-fee basis, the firm was forced to swallow roughly another $500,000 in unbilled time. "Public Speculation' Is Cited; Rose's managing partner. Ronald A Planned Vote at Rose Clark. didn't return phone calls yesterday, but previously said the firm hadn't con- Also Believed Influential cluded anything as a result of its review. A person at the firm yesterday said, "We do not contemplate [Mr. Hubbell's] return to By JOE DAVIDSON the firm." And ELLEN JOAN POLLOCK Mr. Hubbell has also come under fire Staff Reporters of THE WALL STREET JOURNAL for his representation of the Resolution WASHINGTON Associate Attorney Trust Corp. after it took over Madison General Webster Hubbell, locked in a feud with his former law firm, abruptly re- Guaranty Savings & Loan, which was signed, adding to the chaos in a Clinton owned by James McDougal. Bill and Hil- administration beset with Whitewater lary Rodham Clinton were partners with troubles. Mr. McDougal and his ex-wife Susan The resignation, which surprised even in Whitewater Development Co. Mr. Hub- senior Justice Department officials, leaves bell and the Rose Law Firm represented the leadership of the department reeling the RTC in a suit against Madison's audi- from the second top-level resignation in tor. recent weeks. In January, Philip Heymann quit as deputy attorney general, citing bad There have been allegations that Mr. "chemistry" with Attorney General Janet Hubbell and the firm failed to reveal to the Reno. RTC that the firm had previously repre- An administration official said Mr. sented Madison, and that Mr. Hubbell's Hubbell's decision was influenced by the father-in-law had been involved in tangled knowledge that his former partners at the litigation with the thrift. In addition, RTC Rose Law Firm, Little Rock, Ark., would auditors are in Little Rock reviewing the meet last night to vote on whether to refer firm's bills to make sure that all charges the dispute to the Arkansas Bar Associa- have been documented. tion. The escalating feud involves Mr. Hubbell's expenses and billing practices at Praise From Attorney General the firm and his representation of a com- A subdued Ms. Reno highly praised Mr. pany owned by his brother-in-law. Hubbell at a news conference called to In his resignation letter to President announce his resignation, which he didn't Clínton, Mr. Hubbell said, "Unfortunately, attend. "There are no words capable of because of public speculation about me and my former law firm, I will have to spend a fully conveying to you my deep respect and significant amount of my personal time on admiration for Webb Hubbell or how sad an internal matter with my former part- this event makes me," she said. "He has ners." The publicity diminishes his effec- been a tireless crusader for doing justice, tiveness, he said, and "distracts from your for doing the right thing." She added, "I agenda." don't believe he did a thing wrong." 'Did the Right Thing' She credited him with opening up the In a letter to Mr. Hubbell, Mr. Clinton department's information policy, increas- said: "I know your accomplishments in ing the staffs of the civil rights and anti- office will outlast any interest in the trust divisions, and pushing "major issues private matters that have arisen from your in immigration and environmental en- prior law practice." The president later forcement and equality for the disabled." THE WALL STREET JOURNAL TUESDAY. MARCH 15. 1994 told reporters in Boston that Mr. Hubbell "did the right thing" in resigning, but Mr. Hubbell's role has long been the added that he found it "hard to believe" target of speculation. A close friend of Mr. that his longtime friend had done anything Clinton and former law partner of Mrs. wrong. Clinton. Mr. Hubbell was assigned to the While Mr. Hubbell's resignation department from the first days of the stemmed from the dispute with his law administration. well before Ms. Reno took firm, his announcement drew attention yesterday to Whitewater. Mr. Hubbell's office in March last year. Several critics name has been linked to the Whitewater speculated that he ran the department controversy, which has engulfed the ad- before Ms. Reno took office and has since ministration and led to the recent resigna- been the real power, because of his ties to tion of White House Counsel Bernard Nuss- the White House. But Mr. Hubbell, Mr. baum. Heymann and other department officials White House aides said U.S. Trade have insisted Ms. Reno is the real boss. Representative Mickey Kantor, a friend of Separately, a lawyer for Susan McDou- Mr. Hubbell, talked with Chief of Staff gal said she no longer had any Whitewater Thomas McLarty on Sunday to alert him or Madison records in her possession. that Mr. Hubbell was seriously considering resigning. Mr. Hubbell felt that he needed, Bobby McDaniel, the lawyer, said at a time to deal with the Rose conflict. Mr. news conference in Little Rock yesterday McLarty informed the president, but Mr. that Ms. McDougal had one of her brothers Clinton didn't talk with Mr. Hubbell. Yes- deliver a box of Whitewater documents to terday morning, Mr. Kantor called Mr. the guard house at the Arkansas gover- McLarty to tell him that Mr. Hubbell would nor's mansion in 1991 at the request of indeed resign. then-Gov. Clinton. She also turned over Rose has asked Mr. Hubbell to turn five full boxes of documents to the Federal over backup documentation for his ex- Home Loan Bank Board in the late 1980s, pense reports, in an effort to discover if he Mr. McDaniel said. He said the Clintons billed personal charges to the firm or its clients. Mr. Hubbell wrote himself checks had never returned her documents and on a firm bank account without sufficient that she had no copies. documentation. a person at Rose has said. A Rose Firm Deal, Revisited The following is reprinted with per- Needles and the Supreme Court sided Chapler. who was the finance authority's mission from the Des Moines Register with county assessors in concluding that general counsel when the bond sale was June 13, 1993. A related editorial appears Care Initiatives did not meet the tests of a approved by the group's board and Gov. nearby. charitable institution. Terry Branstad. By JONATHAN Roos Said Needles, "Care Initiatives is a Care Initiatives employs 2,800 workers When Hillary Rodham Clinton 'shell' nonprofit corporation used by Bruce in Iowa. Its nursing homes have 3,200 res- plained in a recent speech about profiter Whitehead and the bond underwriters idents. ing in the health care industry, she could to obtain the financing necessary to enable The sale of 36 nursing homes tn have found a ready example in the role one them to make millions of dollars of exces- Arkansas was to be financed in the same of her former Arkansas law partners sive profits. way, using $81 million in revenue bonds played in an Iowa nursing-homes deal that Whitehead and lawyers for Care Initia- and another nonprofit corporation that made millions for the deal-makers. tives contended that the profits were rea- had been set up for Whitehead. He stood William H. Kennedy III. a partner in sonable, given the size of the deal and the to gain $4 million from the transaction. the Rose Law Firm of Little Rock and financial risk involved. But during the fall of 1989 the deal unrav- now associate counsel to President Clin- Court records and transcripts of testi- eled. ton. shepherded the deal for Beverly En- mony by Whitehead and his lawyer show The Arkansas Development Finance terprises. a giant nursing-home company that Kennedy looked after the interests of Authority, which had become an impor- that paired up with a Texas banker to tant economic tool for then-Gov. Bill sell its Iowa and Arkansas nursing Clinton, initially supported the proposed homes. Other Rose Law bond sale but backed away as criticism Forty-one Iowa homes were acquired Firm partners who now of the deal mounted. When Bob Nash. four years ago by a nonprofit corporation, president of the Arkansas agency, rec- now known as Care Initiatives, that was work in the Clinton ad- ommended rejecting the deal. Whitehead effectively controlled by the banker, challenged him to a fist fight, according Bruce Whitehead. The deal was financed ministration may have to Little Rock news accounts. Whitehead by $86 million in tax-exempt revenue been involved, too. Web- later testified in the Iowa property-tax bonds. case that he lost over $2 million in Whitehead and the bond underwriters ster Hubbell listed Bev- Arkansas. took up-front profits exceeding $15 mil- Clinton, who had the last word in killing lion. erly Enterprises among his the deal. was brushed by the controversy Beverly, which needed cash to reduce 26 Rose Law Firm clients. but suffered no lasting political damage. its crippling debt, made about $10 million. He was re-elected governor in 1990. "Kennedy was involved in the whole There have been changes in Iowa since thing, period. He was the point man for Beverly Enterprises. He prepared the fi- the deal. Last year. Care Initiatives sev- Beverly," says Frank Pechacek, a Council nancial documents and negotiated with ered its ties with Whitehead and his nurs- Bluffs lawyer who investigated the deal for Whitehead and other parties to the Iowa ing-home management company. Duncan county assessors. The assessors were con- and Arkansas nursing-home deals. Graham, the firm's president, says Care testing Care Initiatives' claim to property- Whitehead testified that the nation's Initiatives now is managing the nursing tax exemptions for its nursing homes in largest operator of nursing homes "was homes itself. about 30 counties. having severe financial difficulty. They He says the move should strengthen the Kennedy could not be reached for com- needed to raise cash desperately because of firm's new bid for property-tax exemp- ment. the financial problems they were having." tions for its Iowa homes. That's expected Other Rose Law Firm partners who In 1988, Beverly sought to sell off its to touch off another court battle. now work in the Clinton administration nursing homes in Iowa, South Dakota, Ne- may have been involved. too. Webster braska and Arkansas. But finding a buyer Hubbell, who holds the No. 3 slot in the and conventional financing for the sale Justice Department [Mr. Hubbell resigned would be difficult. yesterday]. listed Beverly Enterprises Whitehead, the Texas banker. was in- among his 26 Rose Law Firm clients. terested in only the Iowa and Arkansas Vincent Foster Jr., deputy counsel to homes. A proposed sale agreement pre- the president. represented Stephens Inc., pared by Kennedy called for a company a Little Rock investment-banking firm controlled by Whitehead to buy Beverly's that owns 10% of Beverly's stock. Beverly Iowa and Arkansas homes for about $115 hired Stephens to find a buyer for many of million. its nursing homes. The search led Beverly The Iowa portion of the deal was sealed to Whitehead. in the summer of 1989. Whitehead's Ven- "There was absolutely no way that tana Investments bought the Iowa nursing these people didn't know what was going homes for $57 million as part of a two-step on." said Roy Drew. a former Stephens transaction that left Whitehead a hefty broker and an independent investment ad- profit. The homes were then sold to non- viser whose criticism of a similar nursing- profit Care Initiatives (known then as home transaction in Arkansas involving Mercy Health Initiatives) for $63.5 million. Beverly, Whitehead and a nonprofit corpo- The money was borrowed through the ration helped touch off a political furor sale of $86 million in tax-exempt revenue that scuttled the deal. bonds that the Iowa Finance Authority, a No one is saying that nursing-home public agency, agreed to issue. company executives, lawyers, bankers or The Iowa Finance Authority served as others involved in the Iowa homes' sale a conduit; no state money was loaned. acted illegally. In fact. great care was Nursing-home revenue is used to repay in- taken to dot the i's and cross the t's on the vestors who purchased the bonds. contracts. The Iowa transaction caused no ripples. But critics of the transaction have com- At a public hearing. Whitehead assured plained of profiteering. the Iowa Finance Authority board that the Said Drew: "Rose Law Firm made it le- Beverly employees in Iowa would keep THE WALL STREET JOURNAL TUESDAY, MARCH 15, 1994 gal. but it didn't have anything to do with their jobs. At a follow-up meeting con- what was right or fair to taxpayers or peo- ducted over the telephone. the board voted ple in nursing homes. It had only to do with unanimously to authorize the bond.sale. getting Beverly and Stephens Inc. off the "There was the belief that there was a hook.' danger that some of those [nursing homes) Last month. the Iowa Supreme Court could have closed." said Ted Chapler. ex- upheld District Judge Gene Needles's de- ecutive director of the Iowa Finance Au- nial of Care Initiatives' request for an ex- thority. emption from paying property taxes on its The lost jobs would have dealt an eco- nursing homes. Total taxes on the homes nomic blow to the rural communities exceed $800,000 a year. where the nursing homes are located, said 72 THE WALL STREET JOURNAL TUESDAY, MARCH 15, 1994 AL TUESDAY. MARCH 15, 1994 Clinton Plan's Perverse Incentives By CRAIG RICHARDSON pothetical firms and showed that the size since the company pays a constant 5.3% The year is 1995. President Clinton's of the health care subsidy could vary of its total payroll during this interval. health care plan was recently passed. tremendously, ranging from $159 to $1,706 But hiring the 50th worker causes health making it mandatory for all businesses, per worker per year. care costs to suddenly balloon by $7,545, large and small, to provide health care to What has been overlooked, however, is since mandated health care costs now their employees. a crucial fact: Businesses are not static en- climb to 6.2% of total payroll. rather The owner of Company A is trying to tities-rather, they grow and shrink. And than 6.2% of the additional worker's decide whether to hire an additional as they hire the 25th, 50th or 75th worker, salary. On the other side of the coin. if worker, increasing the total number of the payroll caps abruptly change. The re- Company A employed 50 workers. it employees to 50. Upon examining the mat- sult: Employee health care costs spike dra- would gain $7,545 in federal subsidies by ter more closely, she decides against the matically upward, as seen in the accom- firing a worker and thus falling into a hire. Because of a quirk in the health lower payroll cap category. plan. annual health care costs will zoom Expensive Employ It gets worse as the company expands by $7,545 upon hiring the 50th employee, and eventually moves into the next payroll assuming the employees earn $15,000 a Annual health Insurance cost cap category. After paying $930 for the 51st year on average. Given the true cost of employee, under the Clinton through the 75th worker (that is, 6.2% of the 50th employee is now $22,545 rather TO EMPLOYER $15,000). the additional cost of hiring the than $15,000. the owner buys another com- 76th worker skyrockets by a staggering 1-24 puter instead. $660 $20,310, since health costs suddenly jump Meanwhile, the owner of Company B, 25th $4,035 to 7.9% of total payroll. employing 76 employees. and paying an One answer is to model the payroll caps average salary of $17,000, does some in- 26-49 $795 after income-tax brackets. That is, as a vestigation of his own into the details of 50th company increases the number of employ- the Clinton health plan. He concludes that $7,545 ees and enters a higher payroll cap, the he should fire an employee. Upon doing so, 51-75 $930 higher cap should apply only to additional he now qualifies as a federally approved employees, rather than to all of them. The "small business" and thus is eligible for 78th $20,310 only problem here is that all companies an $11.543 subsidy. 77+ would then receive some subsidies from $1,185 These examples demonstrate some of the government, just like all workers pay the bizarre economic incentives hidden in "Assumes each employee's $15,000 income tax. the Clinton administration's health care Source: You may ask if this issue is really such plan. Ironically, these hiring hazards are a big deal. The spikes occur only at certain a direct result of the administration's be- panying chart. If a company is to the left intervals, and how many companies are nign attempt to make health care premi- of a "cost spike," there is a sizable hurdle even near these intervals? ums more affordable for small busi- in hiring the next worker. To the right of a Wrong Path nesses. spike, the firm stands to gain a large The answer is that dangling $20,000 of Escape Valves amount of money in federal subsidies by subsidies in front of small-business own- As most readers know, the keystone of firing workers. ers will make them stand up and take the Clinton plan is the requirement that all The reason for these costs spikes is that notice, even if they aren't initially af- businesses pay 80% of their employees' the payroll percentage caps are con- fected. Companies with more than 75 em- health insurance structed differently from. say, income-tax ployees may split into two smaller com- premiums. This is rates. When a person earns more money, panies. fire employees or explore other unpopular with most PRICING and thereby enters a higher income-tax creative options. And smaller companies small business own- bracket, the increased tax rate falls only will think twice about taking out loans ers, who fear these HEALTH on those dollars earned in the higher for business expansion, if they see enor- mandated costs will bracket. If the higher income-tax rate mous health cost spikes looming down drive them out of business. To win CARE were applied to all earned dollars, the per- the road. son might actually take home less money Since the beginning of the health care them over. the Clin- after taxes, causing obvious work disin- debate, the question has been: Who will ton health plan later included a series of centives. pay for the health care plan? Of course, escape valves; depending on the average The same perverse incentives operate we all will, in one way or another. But salary and the number of employees, own- here-that is, the percentage payroll caps instituting a complicated set of regula- ers are guaranteed never to pay more than operate at average, rather than mar- tions that create perverse incentives for a given percentage of their payroll. If the ginal. levels. So when a company crosses small businesses is not the path we premiums exceed this percentage, the gov- into a higher category. it is responsible should take. In doing so. we make an ex- ernment kicks in the difference. for paying a higher percentage of its pay- pensive proposition even costlier, in Most analysts agree that small, low- roll on health costs for all its employees, terms of lost jobs. lower output and paying businesses stand to gain the most not just the additional hire. (Pay raises wages, and more time spent by business under this plan, since they receive the can produce the same result, since the owners on outmaneuvering the govern- largest subsidies. In fact, coverage in the subsidies operate on this dimension as ment's illogical regulations. press has focused on comparing the differ- well.) ences in the benefits. rather than a closer For example. Company A, used in Mr. Richardson is an assistant professor examination of the costs. For example. an the introduction. pays a flat health care of economics at Salem College, Winston- article in this newspaper analyzed four hy- fee of $795 for each of its 49 workers. Salem, N.C. 74 THE WALL STREET JOURNAL TUESDAY. MARCH 15. 1994 A20 REVIEW & OUTLOOK Who Was Webster Hubbell?-I Needless to say, we don't think Janet Reno, announcing the Webster Hubbell's resignation closes Hubbell resignation yesterday, said: the book on any aspect of this affair. "He has been a tireless crusader for An anonymous White House official doing justice, for doing the right tried to spin the story toward closure thing." Incredibly, she then added: when news was dribbling out yester- "Webb was directly responsible for day afternoon about a resignation by changes in the Justice Department's the presidential golfing partner-Rose information policy, which had made Law Firm partner-Associate Attorney the Justice Department and govern- General. "It's a private individual's ment more open and accountable." problems that arose prior to his gov- This is Orwellian doublespeak, or ernment service, problems with his perhaps Ms. Reno has just been out of prior law firm," said the official. That the loop. After Ms. Reno loosened the won't wash. rules governing requests under the It was just over a year ago that we Freedom of Information Act last Octo- first raised a flag in an editorial titled ber, Mr. Hubbell tightened the rules "Who Is Webster Hubbell?" (March 2, the following month for White House- 1993). The Clinton Administration was related requests. Most pointedly, his less than two months old. It had no At- order expanded the act's coverage to torney General of its own, no Deputy include the activities of the First Lady, Attorney General and few quality peo- specifically her top-secret health-care ple in top positions. Instead it stuffed task force. the White House with cronies from Lit- Ms. Reno's euphoria over Web- tle Rock. notably putting two of ster Hubbell leaving a legacy of Hillary's Rose Law Firm partners in "more open and accountable" gov- the general counsel's office and send- ernment is so much blather. With in- ing a third Rose partner named Web- terest in Whitewater now running at ster Hubbell to be their "liaison" at full tide, we have a public informa- the Justice Department. tion blackout that has turned into an The issue then was Webster unbridgeable moat around the Clin- Hubbell's interventions into Justice ton presidency. As we editorialized Department policy yesterday, our own FOIA request for toward the federal the Park Police report on the suicide legal troubles of of former Rose partner Vincent Fos- Rep. Harold Ford, a ter has now hit the ultimate contrac- prominent member tion with Special Counsel Robert of the Black Cau- Fiske's blanket suppression of all cus. We wrote at documents and information relating the time: "We to Whitewater/Madison. seem to have the Rose Partner No. 1, Hillary Clin- spectacle of Hillary ton, is now appearing in news- Clinton's former magazine interviews to announce that law partner fixing Whitewater has been blown out of pro- meetings between Webster Hubbell portion. That script may still play in Justice officials and demand-waving various journalistic backwaters, but pols, with the pols getting Justice to do the more likely scenario is that there their bidding." And concluded, "We will be growing pressure to expose are left to wonder what kind of Justice Arkansas mores to more public Department this will be, and what scrutiny. kind of administration." Moreover, someone should put out We have pursued this initial ques- a protective order for the Justice De- tion for 12 months now. So we were not partment. After former deputy Philip shocked when it came out that the Heymann threw in the towel, the Treasury and White House counsel's White House nominated as his re- office were holding "heads up" meet- placement Defense Department gen- ings over Bill and Hillary's potential eral counsel Jamie Gorelick, a Belt- problems with Resolution Trust inves- way criminal lawyer whose client tigations, the parties to which are now list included BCCI celebrities Clark subject to special subpoenas. Clifford and Robert A. Altman. Indi- Nominally, Mr. Hubbell's resigna- ana basketball coach Bobby Knight tion has to do with allegedly unethical drew boos for benching his first- billing practices while back at the string for a whole half this year, but Rose firm. But we draw your attention Bill and Hillary Clinton seem intent to the nearby article, published last on keeping their party's best people summer by the Des Moines Register. on the bench for the entire presi- It's a fascinating tale of transactions dency. Why are they doing this? involving a string of Iowa nursing With Webster Hubbell's resigna- homes, an effort that was brokered by tion. this administration has lost its then-Rose partner William Kennedy Bert Lance, the Jimmy Carter confi- III. who is now Associate White House dante who at least brought animal Counsel. Two Iowa court rulings re- survival skills to a floundering ad- fused to allow what the district judge ministration. There's an important called the deal's "excess profits," difference, though. Jimmy Carter though the Rose firm's efforts kept its and Bert Lance were on different clients skating along the defensible planets. The Little Rock crowd trav- side of the law. Once in the White els in a fixed orbit around the same House, William Kennedy's name sur- Sun. Webster Hubbell's saying he faced for playing fast and loose with quits doesn't change that. We still the FBI and IRS over Travelgate. want to know who these Clintons' friend quits Justice job By Adam Nagourney Al was a partner that he used ports the firm appears to have day. "He did the right thing" and Bill Nichols firm money for personal ex- been paid twice by the govern- Later, at a Democratic fund- USA TODAY penses and overbilled clients. ment for the same work raiser in Boston, Clinton ac- Hubbell said the "distrac- against a savings and loan tied cused Republicans of practic- The third-ranking official in tions" of fighting his firm, to Whitewater; Hubbell super- ing "politics of personal the Justice Department which also claims he gave fa- vised the work. The double-bill- destruction" on Whitewater. President Clinton's golfing bud- vorable billing arrangements ing apparently totaled $30,000. And at her first uncontrolled dy stepped down Monday, to cases involving relatives, Clinton learned from an aide "press opportunity" in Denver, as the Clintons took the offen- would "interfere with my ser- Sunday Hubbell was consider- Hillary Clinton targeted the sive on Whitewater. vice to the country and the ing quitting. Neither Clinton media: "We lost money. Good- Associate Attorney General president's agenda." tried to dissuade him, a clear ness knows what you would be Webster Hubbell quit to fight The firm is expected to file signal he should leave. saying if we made money." charges by Rose Law Firm - formal charges imminently. "We just have to take him at where Hillary Rodham Clinton The Associated Press re- his word," Clinton said Mon- Trouble at Justice, 5A By Jayne O'Donnell Credit shift USA TODAY Al The popular GM Card got TB here that way partly by switching consumers from other credit cards without their knowledge. drove Household Credit Services, prior to which runs the card program for General Motors, dumped "several hundred thousand Columbus reasonably inactive or unprof- GM card Itable" accounts from its own By Doug Levy cards onto GM, says Household USA TODAY Al Credit CEO Joseph Saunders. He says Household made the People can no longer blame swaps late last year and now is Columbus for bringing tubercu- "not doing any more forced losis to the New World. Consumers unknowingly conversions." A 1,000-year-old mummy The move is legal, but em- has given scientists hard evi- barrassing to the firms and ag- dence that TB existed in the helped fuel rapid success gravating to some consumers. Americas long before Europe- GM downplayed the conver- ans- and their diseases- ar- sions, saying they were a small rived in 1492. percentage of the cardholders. And the same genetic tech- Saunders says Household's nique used to find TB infection consumers got letters saying in a mummy also could pro- they would be switched to the vide clues to origins of AIDS, Slow snow GM Card unless they protested. malaria and other diseases, say But many apparently dis- scientists in today's Proceed- melt eases carded the notices as junk mail ings of the National Academy and were surprised when GM of Sciences. Card statements arrived show- DNA unique to the TB-caus- flood fears ing a balance transferred from ing bacteria was found in lung their previous credit cards. tissue taken from the woman's By Jack Williams Al "I guess some people don't mummy, which was entombed USA TODAY read their mail very much," in southern Peru around the Saunders says. year 954. Slowly melting snow contin- The swaps triggered com- "It means that TB was pre- ues to reduce the flood risk for plaints to the Federal Trade sent in this hemisphere before areas hit hardest by the Great Commission: "All these years Columbus came," says Dr. Wil- Flood of 1993. we've taught consumers that mar Salo, University of Minne- "That was a once-in-a-life- they shouldn't be getting unso- sota, lead author of the paper. time event," says Frank Rich- licited cards - then all of a The researchers studied TB ards of the National Weather sudden millions were," says first because they don't know Service's flood office. David Medine of the FTC. exactly why the disease period- But hydrologists say other GM introduced the card in ically resurges. areas may not be as lucky. September 1992, signing up 1 It had been on the decline in Along the Minnesota-Dako- million users in less than a this century, even before effec- TUESDAY, MARCH 15, 1994 USA TODAY tas border and in the North- month record time. And it tive drugs were developed, and east, the severe winter and continues to grow fast, claim- re-emerged as a major disease deep snow has set the stage for ing 9.1 million U.S. holders. during the 1980s despite those possible flooding this spring. The GM Card is a Master- drugs, says Salo. In danger: parts of Pennsyl- Card that gives discounts on Without genetic evidence, vania, New York, New Jersey GM vehicles 5% of the scientists have only been able and New England. amount charged on the card to speculate about when TB "This area has tremendously each year, up to $3,500. epidemics occurred, basing es- large amounts of water sitting Saturn cars aren't included; timates on physical signs such on the ground,' Richards says. about 140,000 vehicles have as the presence in human re- been bought using discounts. And any abnormally heavy mains of lesions and spinal de- rain in the next few weeks GM Card's fast start attract- formities linked to the disease. could push streams just about ed Ford, which teamed with Now scientists are able to anywhere east of the Rockies Citibank the USA's largest study tiny fragments of DNA - including the Midwest credit card issuer - last year using a technique called "gene out of their banks, he says. to offer Visa or MasterCard. amplification," or polymerase Luckily, this week's dry, cool Citibank gave the Ford card chain reaction. weather is reducing the flood to many inactive Citibank cus- The technique was devel- danger in many places by tomers, getting those nuisance oped by Kary Mullis of La Jol- "bleeding off the snow pack in accounts off its books, accord- la, Calif., who won last year's bits and pieces," Richards says. ing to credit-industry analysts. Nobel Prize in chemistry for it. Adding to the luck: The Neither Ford nor Citibank Using the technique on other Weather Service's monthly would comment. diseases would require locat- forecast says the odds favor The swapping "makes busi- ing and excavating ancient drier than normal weather in ness sense, but it's not very burial sites so that tiny much of the Midwest. good from a PR perspective," amounts of tissue from numer- says Robert McKinley of credit ous bodies could be studied. Mapping flood risk, 3A card newsletter RAM Re- "The potential is there to do search. "Consumers don't like it, but it is a difficult and c y you to make their decisions." undertaking." says Salo. USA TODAY TUESDAY, MARCH 15, 1994 5A WHITEWATER Arkansas pals Suddenly, for Reno, find capital it's lonely at the top By Tony Mauro tional Legal Center for the USA TODAY Public Interest. inhospitable As associate attorney gen- The sudden departure of eral, Hubbell oversaw most Webster Hubbell on Monday non-criminal aspects of the de- leaves Attorney General Janet partment's functions, including Reno nearly alone at the top of By Adam Nagourney enforcement of civil rights, im- poulos as he prepared to fly and Bill Nichols the Justice Department. migration, tax, antitrust and en- last-minute to New Hampshire Hubbell was the No. 2 offi- vironmental statues. USA TODAY to assist Clinton for a meeting cial at the department. Reno's "It's a very important posi- with citizens where this subject By title, Webster Hubbell No. 3, Philip Heymann, re- tion," says Boston lawyer might well come up. signed in January in a person- was only the third-ranking offi- Wayne Budd, who held the Added Arkansas Democrat- ality dispute. cial at the Justice Department, Gazette columnist John Brum- same post during the Bush ad- Defense Department coun- ministration. a world away from the White mett: "Webb is a kind of fun- House and President Clinton's sel Jamie Gorelick, named to "When you lose your No. 2 loving former jock - and inner circle of advisers. replace Heymann, has Senate and 3 person in fairly rapid Clinton's a sucker for people In fact, the associate attor- Judiciary Committee confir- like that." succession, it cuts your effec- ney general, who quit Monday mation hearing Wednesday. Hubbell left in the expecta- tiveness to some degree." to fight complaints by his Little Top department officials are tion the Rose Law Firm was While crime has occupied Rock law firm of pilfering, was described as traumatized by much of the department's at- about to bring charges against Reuters more than that: presidential the turmoil, but Reno insists him for overbilling clients and tention, Hubbell was working golfing buddy, the White FACING FIGHT IN ARKANSAS: Associate Attorney General Webster Hubbell, right, with Attorney the department "will go for- on beefing up civil rights and charging personal expenses General Janet Reno and then-deputy Phil Heymann, quit Monday. House's political point-man in ward" nonetheless. anti-trust enforcement after against the law firm. the Justice Department - and Reno, who arrived in the job The White House argued this the Reagan-Bush years. churning. It is no help that Hub- Rose members - seem to friend, said he had - with the the person Clinton once said he to accolades last year, has been latest blemish had nothing to He also was handling the po- bell so much lends himself to have been so befuddled by death of his close friend Foster most enjoys being with. do with the White House or unable to shake problems in litically thorny issue of "civil the Southern caricature that Washington. and now this - been wonder- His departure at the best of Whitewater. The Clintons filling top positions - includ- justice reform," aimed at re- Washington always seem to be "It's all these people here times would have been a strike about those same questions. hadn't talked to Hubbell since ing civil rights enforcement, a ducing litigation and delay in looking for: the backslapping, who call it this town," said "I don't think it's unfair to at the presidential psyche. In job unfilled until an appoint- the courts. Some reform mea- accusations surfaced March 1. slightly shifty pol who finds the Paul Begala, a consultant to this supercharged environ- put it that way," he said. ment last month. sures ruffle the feathers of the And when Hubbell had his big city unforgiving. Clinton, in a disdainful remark "It is unfair to make more out Hubbell had two main roles: ment, with the White House en- friend U.S. Trade Ambassador legal profession. It smothered Clinton's ef- about the establishment's ques- of this than it is. Life some- meshed in the Whitewater in- An old Arkansas friend of Mickey Kantor call the White Hubbell, one-time mayor of forts to change the subject, on tioning of the trouble with Ar- times has these kinds of occur- vestigation, the difficulties the Clintons, he was viewed as House Sunday to say Hubbell Little Rock and chief justice of Monday, to job creation. And it kansans: "It's just wrong to try rences that are disappointing." the White House's most trusted encountered by yet another was thinking about quitting, the Arkansas Supreme Court, raises yet again the question of to use the fact that Webb Hub- Said a somber Clinton: "This member of the Little Rock neither Clinton nor the first person in the 96,000-employee faced controversy when was why Clinton's Arkansas friends elite Clinton brought with him bell had to go home and fight is to me more of a personal lady tried to dissuade him. department. He won Reno's first named to the Justice job. who came to Washington - in- out a fight with his partners to deal for Webb Hubbell and his took on a special resonance. trust as well. When criticized for his No matter: The resignation cluding Vincent Foster, the as- cut up Arkansas." "This is a sad day," said se- many, many friends." is, fairly or not, guaranteed to "The White House is going to membership in a country club sociate counsel who killed him- Chief of staff Thomas nior adviser George Stephano- keep the Whitewater story sorely miss Webb Hubbell," that had no black members, he self, and Hillary Clinton, both McLarty, Clinton's boyhood Hubbell resigns, 1A says Ernest Heuter of the Na- resigned his membership. Antidote sought for ailing poison control centers By Barbara Nachman USA TODAY INSIDE TV / BY PETER JOHNSON They save lives. But the na- tion's poison control centers Ailes' Whitewater jokes could use some life preservers of their own. don't amuse White House The telephone network of 38 certified poison control centers handle more than 2 million To CNBC President Roger Alles, his remarks last week calls a year involving acciden- on a New York radio show were in good fun. "A joke and a tal poisoning, drug overdose non-issue," is all he'll say on the subject (via a spokesman). and suicide attempts. About But to White House officials, the former GOP consultant's 70% of the accidental poison- flip comments - to shock jock Don Imus about President ing calls are handled on the and Hillary Rodham Clinton - warranted a call from Chief phone by counselors. Others of Staff Thomas McLarty to NBC President Bob Wright. are referred to local hospitals. Wright and NBC News execs were said to be concerned But the centers from Wash- because Alles' comments came at a time when all the net- ington, D.C., to Fresno, Calif., work newsmagazines want- are plagued by financial cut- ed a prime-time interview backs and are being forced to with the Clintons to discuss reduce services and even shut the Whitewater case. down. Originally most were As the newsmags are hospital-backed but now seek scrambling for top inter- funds from many sources, in- views, execs worried that cluding tax money. Their plight even though Ailes has no is the focus of a news confer- role within NBC News, It ence in Washington, D.C., this could affect the chances of morning marking National Dateline NBC and Now. Poison Prevention Week. Alles - who joked about "We've hit the crisis mode," the Whitewater case and says Dr. Tom Kearney, direc- the Vince Foster suicide - tor of the San Francisco Bay spoke with Wright and NBC Area Regional Poison Control News President Andy Lack Center. "This is not a threat, about his remarks. he says. "It's not hypothetical. In the end, the White AILES: He says his radio It's happening." House opted to have Hillary remarks are 'a non-issue.' The center in Washington, Clinton talk to newsmaga- D.C., may close later this year. zines and White House counsel Lloyd Cutler make the Unless a new sponsor is rounds on all three network Sunday morning news shows. found, the center in Fresno will Alles' comments "were said in the context of a comedy ra- close in the spring of 1994. dio show," said NBC spokeswoman Mary Neagoy. "That's The Irvine, Calif., center the way we're treating it here." closed in 1993, leaving 5.5 mil- lion people without services. PETE & TOM, PRIMOS: ABC's Peter Jennings In 1992, the American Asso- and NBC's Tom Brokaw are in a dead heat as the nation's ciation of Poison Control Cen- most popular news anchors, a new Harris Poll of 1,252 ters reported 2.4 million calls adults shows. Jennings slipped from last year but Brokaw concerning poison exposures. has climbed. CBS' Dan Rather is third, but is positioned to More than 1 million involved challenge if either slips. In 1992 and 1993 polls, Jennings children under 6. About 70% of was the most popular - 11 points ahead of his nearest rival those children were treated at in '92 and 8 points ahead in '93. In those years, Brokaw and home. All but 30 survived. Rather were in a virtual tie for second. Now, 30% prefer Jennings, 29% Brokaw and 24% Rather. CNN's Bernard Success stories, 4D Shaw has slipped slightly. Only 10% prefer him, compared with 13% in '92 and 12% in '93. The poll has as margin of error of plus or minus 3 percentage points. IRONY DEPT.: CNN's Peter Arnett, long on record as opposing any muzzling of the press by the military, found that his speech at a conference on media-military relations was closed to the media. An official at the Naval War Col- lege in Newport, R.I., said the ban was imposed so that lec- turers could speak more freely. Arnett, who spoke there last week, gave a copy of his March 10 speech to a reporter for the Newport Daily News. Said Arnett: "In a world where information is proliferating and eagerly dispensed and sought, it seems to me pathetic that United States mili- TUESDAY, MARCH 15, 1994 USA TODAY tary authorities sometimes are so hostile to the press." BRIEFLY: Nancy Kerrigan's appearance gave NBC's Saturday Night Live its highest overnight ratings in six years, with 30% of viewers tuning in. CBS says David Letterman's Late Show will have 83% live clearance, airing immediately after the late local news, by April, up from 67% when Late premiered last fall Meanwhile, comedi- an Rosie O'Donnell says Fox offered her Chevy Chase's late-night slot, Buena Vista wanted her for a syndicated talk- er and NBC talked to her about taking over for Bob Costas. O'Donnell tells Glamour the one show she would've taken - but was never offered - was Letterman's old gig NBC's Late Night. Finally, we move from Glamour to Allure, where Katie Couric says she still shops the outlets "but I don't go to Loehmann's as much. They have communal dressing rooms and now that I'm recognized I'd just as soon not be checked out in my underwear.' 87 Hubbell resigns post, cites 'distractions' Sen. Alfonse M. D'Amato, New His Rose Law Firm billing York Republican, said yesterday that Mr. Hubbell's resignation was necessary. remains under investigation "All these FOBs. as the press calls them, came here from Little Rock; what they have really By Jerry Seper A HUBBELL brought is a cloud over the White House. The smelly aroma of and Michael Hedges Little Rock has now clouded the THE WASHINGTON TIMES From page Al Justice Department and has cer- tainly tainted it, and has brought Associate Attorney General in what administration sources real problems to the credibility of Webster L. Hubbell, under fire said was an effort to "buck him up," the White House as well," said Mr. over his billing practices while a said his longtime friend "wants to D'Amato, who has called for Sen- partner at Little Rock's Rose Law go home and defend himself and ate hearings in the Whitewater- Firm. yesterday became the sec- work through this thing." Madison affair. ond key Clinton administration of- Accusations against Mr. Hub- House Minority Whip Newt ficial to fall as a result of the bell for overbilling magnified last Gingrich, Georgia Republican, ongoing Whitewater-Madison in- Wednesday when investigators said yesterday that the Hubbell vestigation. from two federal regulatory agen- resignation underscores the need Mr. Hubbell's resignation, effec- cies went to the Rose firm for an for congressional hearings into tive "as soon as possible," was an- "entrance meeting" to set up pro- Whitewater-Madison. nounced yesterday by Attorney cedures for a review of bills Madison, owned by James B. General Janet Reno. signed by Mr. Hubbell in a case In recent days, pressure had McDougal, was seized by federal involving Madison Guaranty Sav- regulators in 1989 at a cost to tax- been building on Mr. Hubbell - ings and Loan Association, offi- whose Rose partners included payers of $50 million. Mr. McDou- cials said. first lady Hillary Rodham Clinton The investigators, from the Res- gal and his then-wife, Susan, were and former White House Deputy olution Trust Corp. (RTC) and the partners with the Clintons in Counsel Vincent W. Foster Jr. Federal Deposit Insurance Corp. Whitewater Development Corp., a over his suspected overbilling of north Arkansas real estate ven- (FDIC), were to begin analyzing Rose clients. including the federal the bills in the next few days, the ture. government. officials said. The investigators al- Special counsel Robert B. Fiske "There are no words capable of ready had received one specific Jr. is looking into suspected finan- fully conveying to you my deep re- accusation of a $30,000 double bill- cial irregularities involving both spect and admiration for Webb Madison and Whitewater, includ- ing involving Mr. Hubbell. Hubbell or how sad this event "We have heard about the dou- ing the diversion of funds by Mr. makes me." Miss Reno d. "I can ble billing, including that $30,000 McDougal to Mr. Clinton's 1984 gu- say unequivocally that Webb Hub- allegation, and we are following bernatorial campaign. bell gave fully of himself o make that up in our audit," said one fed- Mr. Fiske's 115 subpoenas in- America a better place." eral regulator. Overall, several clude one seeking material on Mr. Mr. Hubbell. in a statement, said hundred thousand dollars worth of Hubbell's father-in-law, Seth Ward, he decided over the weekend that bills signed by Mr. Hubbell were who borrowed $587,000 from Mad- his continued service in the Jus- ison and was an officer of a Madi- to be scrutinized by regulators. tice Department's No. 3 post would A review by The Washington son subsidiary, Madison Financial A source at the firm told The not be effective because the "dis- Corp. Times last week that several part- Times of some of Mr. Hubbell's Mr. Ward's name also has sur- ners believe Mr. Hubbell has tractions on me at this time" would government bills in a case involv- interfere with "my service to the faced in an internal audit of Mr. "stonewalled" them in their efforts ing Madison shows that on at least country and the president's agen- two occasions he charged the gov- Hubbell's billing by Rose part- to get information on his billings, da." ners, disclosed last week by The and about his involvement in the ernment for a full day's work at $125 an hour while he actually was Times and the Minneapolis-St. 1989 FDIC lawsuit "It is with deep regret that I have seen private issues between Paul Star Tribune. Frustration over the matter playing golf at the Little Rock me and my family and my former Country Club. The Wall Street Journal re- built to the point that the par law firm elevated to public specu- ported yesterday that the partners have talked with Houston lawyer According to at least one accu- lation," he said. Walter Stuart IV to discuss the sation federal regulators are prob- had questioned $1 million in ex- Nine days ago. White House possibility of filing an ethics c ing, Mr. Hubbell - as the lead at- Counsel Bernard W. Nussbaum penses and unbilled time charges plaint against Mr. Hubbell with the torney submitted a bill in the and had additional concerns about also resigned after it wa: learned Arkansas Supreme Court's c Madison-related case for $2,400. he had attended secret meetings Mr. Hubbell's personal expenses. mittee on Professional Conduct. The firm later included the same between government regulators The Journal said the partners The most dissatisfied group re- $2,400 as part of a larger $27,000 were upset about Mr. Hubbell's looking into the Whitewater- mains Mr. Hubbell's former part- bill to the government. That representation of P.O.M. Inc., a ners. ho paid him more than Madison affair and White House $27,000 was resubmitted in yet an- parking-meter firm in Russell- $100.00 и hen he cashed in his in- officials. other bill for $80,000, covering an ville, Ark., established by Mr. President Clinton said yester- terest If the firm before coming to extended period. Ward - with the help of a $2.75 Washington in late 1992, then dis- day that Mr. Hubbell did the right Beginning in 1989, Mr. Hubbell million tax-exempt bond approved thing in resigning and then said covered the extent of the billing handled the court case for the by Gov. Clinton. problems four times: "I hope it was the right FDIC against Madison's Little P.O.M. Inc., now run by Mr. Mr. Hubbell has denied any decision." Rock auditors, Frost & Co., in Ward's son, Seth Ward II, was in- Speaking to reporters at Bos- wrongdoing in connection with which the government settled for cluded in the Fiske subpoenas. overbilling accusations. If found to ton's Logan Airport as he arrived much less than it sought and less The Rose firm's internal audit, have billed clients or his firm for for a political rally, Mr. Clinton than the firm's insured coverage. which Mr. Hubbell described in said. "I just think we have to take personal expenses, he would face The suit said the Frost audit of his statement as "disputes over him at his word. give him a chance Madison was bogus. In 1985, Hil- consequences ranging from pro- compensation and reimbursement to deal with this and see what hap- fessional sanctions to criminal lary Rodham Clinton and the Rose matters," began after some part- fraud prosecution. pens. firm represented Madison in ef- ners suggested he had failed to "I have no knowledge of the forts to block its closure by Arkan- document hundreds of thousands facts. but based on my knowledge sas bank regulators who were un- of dollars in expenses billed to cli- I find [any wrongdoing] hard to der the dominion of Gov. Clinton, ents. believe," he said. "He's one of the using the Frost audit to justify most widely esteemed people that keeping the S&L open. I've ever known." Records released by federal Mr. Clinton. who called Mr. Hub- regulators earlier this year show bell from a ferry in Boston Harbor Mr. Hubbell signed all the Rose The Washington Times TUESDAY, MARCH 15, 1994 bills sent to the government on the see HUBBELL. page A9 Madison-Frost case. The firm was paid $400,000 to represent the FDIC. 92 HUBBELL AT JUSTICE A chronology of Webster L. Hubbell's troubles as associate attorney general. February 1993: While serving a temporary 120-day appointment with no title at the Justice Department, Hubbell is accused of intervening in the retrial of Rep. Harold E. Ford, Tennessee Democrat, reversing the department's position on a jury-selection issue. April 1: Attorney General Janet Reno announces the selection of Hubbell as associate attorney general, calling him "one of the great men in America." April 19: On the day of the government's tear-gas assault on the Branch Davidian compound near Waco, Texas, Reno says that Hubbell, and not she, was in communication with President Clinton about the assault. May 18: Hubbell tells the Senate Judiciary Committee that he resigned his membership from the exclusive Country Club of Little Rock because it allowed only one black member to join during his 15-year membership. May 18: The Washington Times reports that over a 90-day period in 1983, Hubbell made a $3,500 profit from a $9,100 investment in the stock of Arkansas-Louisiana Gas Co., a firm whose executive vice president was Thomas F. "Mack" McLarty, now the White House chief of staff. Sept. 29: The Washington Times reports that Hubbell helped engineer a nursing home deal that lowa authorities criticized as a profiteering scheme. Nov. 10: Hubbell recuses himself and his staff from the Justice Department's Whitewater investigation. Hubbell's father-in-law, Seth Ward, was an executive at a Madison real estate subsidiary, and defaulted on two Madison loans, totaling $587,793. In 1989, Hubbell served as the Rose Law Firm's lead attorney representing the Federal Deposit Insurance Corp. in a suit against the accounting firm Frost & Co. Frost had prepared the audit of Madison Guaranty used by Rose lawyers four years earlier in successfully arguing the case for Madison's continued operations. The Washington Timestuesday, MARCH 15, 1994 March 2, 1994: The Washington Post reports that the Rose Law Firm has been investigating whether Hubbell overbilled clients and then used the money for personal expenses. Hubbell confirmed that his former partners questioned him about his billing practices. but he denied ever overbilling any clients. March 5: The Washington Times reports that Hubbell billed taxpayers more than $20,000 for work on a Madison Guaranty Savings and Loan Association matter during one 20-day period in August 1990, despite his contention that he had only "indirect" involvement in the case March 11: The Washington Times reports that Hubbell's former partners at the Rose Law Firm are considering filing ethics charges against him after an internal probe found that he failed to document hundreds of thousands of dollars in expenses billed to clients. The Washington Times Letters note no end to friendship THE WASHINGTON TIMES "I am proud of the reputation "It is with profound sadness Text of Associate Attorney I have established over the past and regret that I accept your res- General Webster L. Hubbell's let- 20 years as a private lawyer, Ar- ignation as Associate Attorney ter of resignation to President kansas Supreme Court Justice, General. Clinton, dated yesterday: public official, and private citi- zen. Unfortunately, because of "I know better than anyone the "For over a year, I have had the public speculation about me and spirit of citizenship and devotion privilege of serving you, the At- my former law firm, I will have to the law that inspired you to join torney General, and the nation at our Administration and to take to spend a significant amount of the Department of Justice. I am part, as Holmes said, in the ac- my personal time on an internal deeply grateful and honored for matter with my former partners. tions and passions of our time. In this opportunity to serve as the I am confident of the outcome. the last year, these values came Associate Attorney General of "I will leave the Department of shining through as you worked the United States. I have tried to Justice with great admiration for for civil justice reform and immi- serve with honor and distinction the attorney general, high regard gration enforcement, fought to and to follow your lead in trying for the professionalism and dedi- end discrimination in public to make a difference in the every cation of its employees, and with housing, and to protect the civil day lives of the American people. great pride in the Department's and voting rights of all Amer- icans. "As a public servant, I owe it to accomplishments during the you and to the American people past year. "In these tasks you affirmed to evaluate constantly whether "Public service has always our commitment to justice, al- my continued service can be as been one of the greatest joys of ways with keen judgment and effective as you would expect of my professional life. It is my sin- good humor, especially at vital me, whether it furthers or dis- cere hope and belief that by de- times of challenge for the De- tracts from your agenda, and voting sufficient time and en- partment. The Attorney General what effect being in the public ergy now to my family and other and I will miss the service and eye is having on my family and private issues, I will reenter pub- advice you gave us. And I know colleagues. Over the past week- lic service in the future. Thank your accomplishments in office end I have undertaken such an you for allowing me such a won- will outlast any interest in the evaluation, and I have decided to derful opportunity and, most of private matters that have arisen submit my resignation as Associ- all, thank you for your friend- from your prior law practice and ate Attorney General. My resig- ship." that motivated the difficult de- nation shall be effective as soon Text of President Clinton's let- cision you announced today. as possible, allowing the At- ter, dated yesterday, accepting "Like you, I hope that you will torney General the time to effect a smooth transition at the Justice the resignation of Associate At- return one day to public service. Department. torney General Webster L. Hub- I remain, as always, grateful for bell: your long and lasting friendship." 93 Whitewater issue won't wash away By Paul Bedard by it," said a senior administration A tum yesterday with the surprising and Mrs. Clinton to Colorado to THE WASHINGTON TIMES official. "Whitewater has been a and embarrassing resignation of tout the Clinton health care reform distraction to those who work in Associate Attorney General Web- The White House is desperately plan - but they were confronted this building." ster L. Hubbell - President Clin- trying to keep its focus on Pres- with more questions about White- NEWS "There's a ton's golfing pal and close adviser ident Clinton's domestic policy water-Madison and the Hubbell recognition and a former partner of Hillary agenda, but top aides conceded ANALYSIS casualty. Whitewater is Rodham Clinton's in Little Rock's yesterday that they are losing out The resignation knocked Mr. going to be a Rose Law Firm. to the growing Whitewater- Clinton's summit off the front page continued problem," said senior The Clintons took to the road Madison affair. Clinton counselor David Gergen. and again trained the media spot- yesterday - Mr. Clinton to an in- "Everybody has been consumed That concern gathered momen- ternational jobs summit in Detroit see ISSUE, page 10 ISSUE doing in the Whitewater-Madison ivete and a lack of experience here tons' personal attorney, who Mr. Gergen, a former aide to ident telling his aides. affair, a senior administration offi- that we're trying to fix," a senior authorities said committed sui- President Reagan, said the White Mr. Clinton has taken steps to From page Al cial said. Mr. Hubbell, who had Clinton administration official cide. White House officials, led by House staff "is rallying around" keep to his agenda. Before leaving been at Justice for more than a said. Mr. Nussbaum, removed White- the Clintons. for the Detroit jobs summit Sun- light on Mrs. Clinton and her Rose year, was considered Mrs. Clin- Mr. Gergen said in a telephone water files from Mr. Foster's office He rejected any description day, for example, he invited colleagues just a day after White ton's department watchdog. interview that no staff changes are shortly after his death. that the White House was reeling Uruguay's president into the Oval House officials thought they had The resignation also fueled Re- planned, but another official said Administration officials said from Whitewater-Madison. "Reel- Office for a meeting that delayed turned the corner in fighting publican attacks on the Clinton "it's too early to tell what changes yesterday it has become clear that ing is panic, and that's not what I his departure to Andrews Air Whitewater-Madison reports. White House and calls for congres- are in store." the Little Rock "mafia" closely as- sense here," he said. Force base 30 minutes. Mr. Hubbell's resignation came sional hearings into Whitewater- Other sources said that Mrs. sociated with the first lady has ex- To overcome the Whitewater- amid a flurry of reports about his Madison, which have thus far been Clinton's power in the West Wing ploded, leaving her somewhat iso- Madison hurdle, Mr. Clinton has "He's told us not to get too pre- representation of the federal gov- blocked by Democrats in the was being diluted because of lated. told aides in senior staff meetings occupied with what's going on in ernment in a lawsuit against Ar- House and Senate. the focus on her part in the Her remaining Rose ally, White to ignore the burgeoning contro- the press," said a national security "All the resignations in the aide. kansas' failed Madison Guaranty Whitewater-Madison affair. In ad- House Associate Counsel William versy and push his programs to Savings and Loan Association and world will not lift the dark specter dition, senior Clinton advisers be- Kennedy III, has been under fire reform health care and welfare. Mr. Gergen said that the latest overbilling of clients. Madison's that has settled over the Clinton lieve she has hurt the president for months and has seen his influ- During an East Room rally last efforts in the White House to deal owner was a partner of the Clin- presidency," said Sen. Lauch Fair- with her stubbornness in resisting ence dry up as a result, according week announcing Lloyd Cutler as with the Whitewater-Madison cri- tons' in Whitewater Development cloth, North Carolina Republican. calls for a Whitewater-Madison to the officials. Mr. Nussbaum's replacement, Mr. sis shows "we've turned the page Corp. The political hemorrhaging of special counsel, compounded by But sources close to Mrs. Clin- Clinton told White House staffers in how we're handling White- The Hubbell resignation, com- the Whitewater-Madison affair has her close relationships to Mr. ton disputed reports that the first that he did not want them to be- water." ing nine days after the resignation left Mr. Clinton's top aides ques- Nussbaum and Mr. Hubbell. lady was seeing her role lessened. come discouraged or divert atten- But other aides said it is un- of White House Counsel Bernard tioning their handling of the grow- Added to those problems is the They noted that she has led the tion from the agenda. likely they can stem the daily bar- Nussbaum, "splatters mud on us" ing controversy and considering July death of White House Deputy latest effort to explain the Clinton's "I'm not going to do anything to rage of Whitewater-Madison news and "feeds the suspicion" that the changes. Counsel Vincent W. Foster Jr., an- involvement in Whitewater-Madi- screw up this job," a senior admin- reports and politically charged White House is involved in wrong- "There has been a level of na- other Rose partner and the Clin- son. istration official recalled the pres- attacks. The Washington Times TUESDAY, MARCH 15, 1994 H bbell Resigns erable upheaval. Hubbell had almost singlehandedly managed large por- At Justice Dept. in tions of Justice, developing a close working relationship with Reno and emerging as the principal source of contact with the White House on Law Firm Dispute major policy issues ranging from the crime bill to immigration reform. Within the Justice Department, "the reliance [on Hubbell] was close By Michael Isikoff Washington Post Staff Writer Al ners have lingering discussions and to complete for everything that in- even disputes over compensation volved the White House," said Hey- and reimbursement matters; the mann. Although Heymann had previ- Associate Attorney General Web- Rose Law Firm and I are having ously complained about some ster L. Hubbell abruptly resigned such discussions now. I am confident aspects of Hubbell's role, he said yesterday after he was unable to re- that at the conclusion of these dis- yesterday his former colleague was solve disputes with his former part- cussions all outstanding matters will an "honorable man" and that his res- ners at the Rose Law Firm in Little be resolved satisfactorily." ignation "will leave a big hole in the Rock, Ark., over allegations he over- Hubbell and his lawyer, John Department of Justice." billed clients and charged the firm Nields, sought to negotiate a resolu- Hubbell appeared at the Justice De- for hundreds of thousands of dollars tion with the Rose firm over the partment auditorium yesterday and in improper expenses. weekend, but were jolted when they said it had been a "great honor" to The resignation of Hubbell, 46, a found the Rose partners refusing to serve at Justice. He received an emo- close friend and frequent golfing budge, according to knowledgeable tional and prolonged standing ovation partner of President Clinton and a sources. Fearing that the dispute, from largely career lawyers. Many of former law partner of Hillary Rod- which was made public in The Wash- the lawyers were "angry and bitter" ham Clinton, stunned officials at the ington Post March 2, would quickly over "whatever it is in this town that Justice Department where the for- escalate and embarrass the adminis- is forcing him to leave," said one offi- mer Little Rock mayor had been a tration, Hubbell alerted special trade cial close to Hubbell. preeminent figure and, according to representative Mickey Kantor on But Republicans were less chari- officials there, a major stabilizing Sunday that he might step down. table. Sen. Alfonse M. D'Amato (R- force. After hearing reports from Nields N.Y.), a leading critic of the adminis- Hubbell, who said the Rose firm on his talks with the Rose partners, billing dispute would become a dis- Hubbell concluded "it was going to tration handling of Whitewater, traction from his public duties, is the be virtually impossible to resolve called the president's friend "a politi- this while he was still in the public cal hack" and said of his departure: third high-ranking administration lawyer to resign in recent weeks. eye," said one source close to Hub- "good riddance He has certainly White House counsel Bernard Nuss- bell. "He found it hard to believe that tainted the Justice Department. The baum departed after bringing heavy John [Nields] was not able to get this stench that started in Little Rock criticism on the White House with thing over with. There was this has made its presence felt here." his handling of the Whitewater affair sense that there was something go- At first, the Rose firm's inquiry and the suicide of his one-time depu- ing on in Little Rock that he couldn't focused on Hubbell's role in handling ty, Vincent Foster, also a former control." a complex patent infringement case Rose firm partner. Last month, Dep- After The Post story, Hubbell as- on behalf of P.O.M. Inc, a parking uty Attorney General Philip B. Hey- sured senior White House officials and meter manufacturer owned by his TUESDAY, MARCH 15. 1994 WASHINGTON POST mann resigned, L. ng bad "chemis- Reno that the law firm dispute was try" with Attorney General Janet relatively minor and that he had done in-laws, on a contingency fee basis. nothing wrong. Those assurances Hubbell ran up several hundred Reno. thousand dollars in travel and other Foster and Nussbaum were par- were accepted without question and ticularly close to the Clintons as yesterday, top administration officials expenses. But after the firm was al- well, and the controversies sur- rallied to praise Hubbell. legedly assured that Hubbell's in- rounding all three men have been Reno called Hubbell a "tireless laws would take care of the expens- especially painful for the president crusader for doing the right thing," es, Rose partners were upset to lat- and Hillary Rodham Clinton. The and said she was confident he had er learn that was not the case and First Lady said yesterday she was done nothing wrong. that they were being stuck with oth- "personally deeply saddened for Initially viewed largely as a crony er unpaid bills for patent lawyer and Webb and his family." The president, of the president's, Hubbell was in- expert witnesses Hubbell had hired volved in a series of controversies at to assist in the case. according to a senior administration the Justice Department last year and official, spoke briefly with Hubbell The firm later began looking into was repeatedly accused by Republi- and tried to "buck him up." Clinton other Hubbell billing arrangements cans of injecting politics into such and found instances that it believed earlier told reporters that Hubbell decisions as the mass dismissal of made "the right decision." showed their former partner had ov- U.S. attorneys last March. But since Knowledgeable sources said Hub- erbilled other clients and spent law being confirmed last spring as asso- bell, the Justice Department's No. 3 firm money to pay for personal ex- ciate attorney general, Hubbell was official, reached his decision after widely seen as a stabilizing influence penses-allegations that Hubbell has denied. learning that the Rose firm partners in a department experiencing consid- were planning to discuss at a regular monthly meeting yesterday whether WEBSTER L. HUBBELL to file a complaint against him with 1973: Receives law degree from University of the Arkansas Bar Association and a Arkansas; joins Rose Law Firm. lawsuit seeking compensation for the disputed expenses and billings. 1979-1981: Mayor of Little Rock. - The results of that meeting were 1984: Chief justice of Arkansas Supreme Court for unclear, but among the issues in dis- four months, appointed by then-Gov. Bill Clinton. pute, sources said, were allegations 1985: Rose Law Firm (including partner Hillary that Hubbell overcharged a federal Rodham Clinton) represents Madison Guaranty agency, the Resolution Trust Corp., Savings & Loan seeking state regulatory approval and improperly charged the firm for for plans to raise new capital, using Frost & Co. more than $500,000 in litigation ex- audits to make case. penses relating to an unsuccessful 1989: Madison fails at estimated $60 million cost to taxpayers. Rose contingency fee lawsuit he filed on firm (with Hubbell as lead attorney) hired by RTC to seek damages behalf of a firm headed by his father from Frost & Co. relating to audits. RTC staff raises questions of in law, Seth Ward. possible conflict of interest. "It is with deep regret that I have seen private issues between me and 1993: May 28-Sworn in as assistant attorney general. Nov. 3-Recuses himself from Whitewater investigation. my family and former law firm ele- vated to public speculation," Hubbell 1994: March 2-The Washington Post reports Rose Law Firm probe of said in his statement. "From time to Hubbell client billing and expenses. time law firms and departing part- Yesterday-Hubbell resigns. -Compiled by Margot Williams THE WASHINGTON Clinton Angrily Denounces Republicans Party Is 'Committed to Politics of Personal Destruction,' President Says By Ruth Marcus Al resignation of one of his closest 'No, No. No, No. No, No. No. No, Washington Post Staff Writer friends, Webster L. Hubbell. as associ- No,' Clinton asked, his voice rising ate attorney general. Hubbell said he and his fist pounding the lectern with BOSTON, March 14-President left because of his inability to resolve increasing power with each of the nine Clinton lashed out tonight at his Re- a dispute with former law partners "No's." publican critics, assailing them as over allegations he overbilled clients Clinton said there had been some members of a party "committed to a and was reimbursed for improper ex- politics of personal destruction" who cooperation from Republicans on is- penses. would "rather take off after" First La- sues like crime and for a while on Clinton started tonight's speech dy Hillary Rodham Clinton than come health care. But he then said, "This sounding subdued and almost de- up with a health plan of their own. pressed. but frustration and anger overriding, negative, intensely per- Clinton's outburst came at a quickly flashed through. The country sonal, devoid-of-principle attack is not $1,000-a-plate Democratic Party is facing "profound problems" that good for the country. It is inconsistent fund-raiser here that ended a day in "beg for debate," he told the audience with the tradition of Abraham Lincoln which the president tried to talk about of 900. and Theodore Roosevelt." creating jobs but again found his mes- "Why, then. are we confronted in Clinton contrasted this Republican sage drowned out by another problem this administration with an opposition partisanship with what he said was the in his administration-this time the party that just stands up and says, See PRESIDENT, A8, Col 1 PRESIDENT, From A1 cooperative stance he had maintained with his Republican predecessors. "When I was a Democratic gover- nor and they had the White House I constantly sought them out, engaged them in debate, offered to work with them on issues from education to wel- fare reform to you name it," Clinton said, slashing his hand through the air. "I never did them the way they are do- ing us in Washington, D.C. It is wrong and it is not good for the United States of America." Clinton's temper is renowned among those who work for him, and it occasionally surfaces in public. During the campaign. for example, he was captured on camera assailing the Rev. Jesse Jackson for a "back-stabbing thing to do" when he believed, incor- rectly as it turned out, that Jackson had endorsed his primary opponent, Sen. Tom Harkin (D-Iowa). The appearance of his temper to- night followed weeks of news reports about his Whitewater real estate in- vestment and related matters, and Republican demands, first for a special counsel to investigate Whitewater is- sues and now for congressional hear- TUESDAY. MARCH 15, 1994 WASHINGTON POST ings. Six senior White House officials have been subpoenaed by special FINAL counsel Robert B. Fiske Jr., and Hilla- ry Clinton has come under increasing scrutiny over her role, both as a law- yer in Arkansas and as a political pow- er at the White House. The frustration that Clinton ex- pressed was evident among his fellow Democrats here last night as well. Sen. John F. Kerry (D-Mass.), declar- ing himself "amused" by the Republi- cans' choice of Sen. Alfonse M. D'A- mato (R-N.Y.) as their "spokesman on ethics," added, "I guess Bob Packwood was busy," a reference to the Oregon Republican who finds himself facing an ethics committee inquiry into charges of sexually harassing aides and others. 2 I illary Clinton Madison Guaranty Savings & Loan, which was owned by the Clintons' business partner. Throughout her visit, which included speeches at the University of Colorado in Boulder and to a health Steps Back From care reform conference, she was greeted by enthusi- astic crowds, who appeared to have little interest in the issue that has dominated the news in Washington $69,000 Figure recently. She said the public never asks her about White- water and predicted that the growing political war- fare over Whitewater would not hamper the adminis- First Lady Says Couple Lost tration's efforts to pass health care reform in 'Bunch of Money' on Whitewater Congress. "The overwhelming majority of Americans want health care reform and they want it now," she said. By Dan Balz Asked today whether she stands by a report pre- Washington Post Staff Writer pared for the campaign in 1992 that said she and the president lost $69,000 on Whitewater, she said, "We DENVER, March 14-First Lady Hillary Rodham know we lost money and lost a bunch of money for Clinton today appeared to back away from previous us. We're trying to get exact figures and will be giv- assertions that she and President Clinton lost ing information we come across to the special $69,000 on their investment in the Whitewater land counsel. That's what we believe our primary obliga- development company, but insisted they "lost a tion is, and that's what we're doing." bunch of money" and maintained they have consis- Over the weekend, there were reports that the tently told the truth about the matter. Clintons may have additional tax liabilities because of On a one-day visit to Colorado to promote the ad- certain deductions they claimed. Asked to explain ministration's health care reform plan, the First Lady why they might owe more taxes on a losing invest- once again acknowledged that she has mishandled ment, she said, "You're just going to have to wait the issue. along with everybody else as we work this through "I have tried to be as understanding as I can about with the special counsel and try to figure out what we the concerns and questions of the press," she said are obligated to give him and what kinds of questions during a brief news conference, "and I've admitted we have to answer in that process." that I made mistakes in how I have perceived this At her appearances, she was given something of a and handled it." hero's welcome by cheering students and health care But she asserted: "When this is over it's going to professionals. Ren. Patricia Schroeder (D-Coln) in Jesse Jackson for a "back-stabbing thing to do" when he believed. incor- rectly as it turned out, that Jackson had endorsed his primary opponent, Sen. Tom Harkin (D-Iowa). The appearance of his temner tn- survy mary, and defended her as someone who "on- Clinton's trip here today marked her first outing ly wanted power to help somebody, not to be some- since White House aides were subpoenaed by special body." counsel Robert B. Fiske Jr. and came amid growing She said Hillary Clinton has "a heart the size of a questions about her role in the Whitewater develop- washtub," compared to most others in Washington ment firm and in her representation of the failed who have one "the size of a swollen pea." Environment Unit Impropriety Rejected By Jim McGee oversight and investigations that Sep- view will be addressed at the appro- Washington Pint Staff Wrate tember, the department was accused priate time." of "failure to pursue aggressively a Last Friday, the subcommittee A nine-month internal review at number of significant environmental subpoenaed various Justice docu- the Justice Department has rejected cases." ments relating to the six cases and in- charges made by the Clinton-Gore In October 1992, the Clinton-Gore ternal department documents related campaign in 1992 that the Bush ad- campaign charged the Bush adminis- to the congressional inquiry. ministration had undermined prosecu- tration with "letting criminals off the tions against alleged environmental hook after they pollute our air and our Although the department's review polluters. But the inquiry concluded water and our land [and] letting largely vindicated the professional that "pervasive distrust" among pros- politics get in the way of prosecu- judgments of Environmental Crimes TUESDAY. MARCH 15. 1994 WASHINGTON POST ecutors has become so severe that se- tions, protecting their rich corporate Section chief Neil S. Cartusciello and mor managers should step in. friends." other supervisory officials whose de- Prosecutors and their supervisors Asked about the controversy a cisions were challenged in six cases, it in the department's environmental year ago at her confirmation hearing, called upon senior managers to inter- crimes program "suffered from a fre- Attorney General Janet Reno said she vene in what it portrayed as an unten- quent absence of teamwork and mu- was looking forward to building an ef- able situation." tual respect which has led to ac- fective environmental crimes unit. "The Justice Department and the cusations that prosecution decisions Last week, Reno said she had not yet Environmental Division should use [by supervisors] have been made on made any changes in the unit pending the managerial authority at its dispos- an improper basis," said the 325-page completion of the internal inquiry. al to bring the current dispute be- report released yesterday. The report released yesterday was The report was prepared by four sharply critical of an ongoing investi- tween ECS management and the ob- career government attorneys who gation by the House subcommittee. jecting attorneys to a prompt close," were asked to provide an independent "Our review reveals that the sug- said the report. Noting that the "ob- review of a number of allegations, in- gestions of incompetence, improper jecting attorneys" represent the "mi- cluding specific claims that SIX major motivation and wrongdoing are base- nority view" in the unit. the report environmental cases in the 1980s had less," it said. "The subcommittee re- said "their transfer appears more like- been undermined by decisions in bed on dubious sources and incom- ly to resolve the current discord Washington. plete analyses to question the ability The report urged senior Justice of- The inquiry determined that both and integrity of career attorneys who ficials to more precisely define the general and specific "accusations are made entirely appropriate prosecu- mission of ECS, and to take a more unfounded and that they arise primar- tive decisions." active role in setting national policy ily from innuendo and unsubstantiated Within hours of the report's re- for environmental prosecutions. suspicions," said the report. "We have lease, the House subcommittee. led It also noted a lack of trust be- found no evidence substantiating the by Chairman John D. Dingell (I)- tween ECS and the Environmental allegations that Justice Department Mich.). criticized the report. officials or employees rehed on um- Protection Agency, some of whose in- "It should come as no surprise to proper criteria in prosecuting or de- anyone familiar with bureaucratic be- vestigators originated charges of po- clining to prosecute environmental liticization of environmental cases at havior that an internal agency re- cases." view-in this case, conducted by the Justice. Charges that Bush appointees at Justice Department-found little "The most important challenge. Justice had interfered in environmen- wrong within the agency." said the however, is to overcome the existing tal prosecutions first arose in 1992. statement. The subcommittee's distrust that is reflected in the Sub- ART BUCHWALD History in the Remaking T he reason the White House is in such trouble over Whitewater is that no one working there has THE FEDERAL DIARY ever heard of Watergate. I discovered this when I was sitting in a laundromat with an administrative aide from President Clinton's office. He had just been subpoenaed to appear before the special prosecutor for Full Raises Appear Likely Whitewater to answer questions about apparent White House interference in the case. By Mike Causey factor in the calculations. Also, "I don't understand it," he said. "Why Washington Post Staff Writer the Treasury Department, which already has programmed are they upset because we wanted to espite efforts to D its check-printing computers for know what was going on in an force-feed "diet COLAs" insignificant S&L land development? If the higher amount, needs to to the area's 150,000 the president is involved, it's our job to know very soon if that is going federal and military retirees, it put out the fire." to be changed. Officials of the appears they will be getting the "Perhaps the media was afraid of National Association of Retired full 2.6 percent cost-of-living another Watergate," I suggested. Federal Employees say it looks raises due them in their April "What is a Watergate?" he asked. good for the 2.6 percent raise, checks. "It was a major scandal involving because the Kerrey-Brown President Nixon and his aides-many of House and Senate budget amendment is on hold. But at whom went to jail." cutters voted last year to delay congressional budget hearings "That was before my time," he said. the 1994 civilian and military last week, NARFE President "That's impossible. Everyone in the retiree COLA, which was due in Charles W. Carter said that any country remembers Watergate. Don't January, until April. That time Congress appears to be the names Haldeman, Ehrlichman, three-month delay will be in effect for the next two years for quiet, "federal retirees get Colson and Liddy mean anything to you?" the 3 million civilian federal nervous, for good reason." He shook his head. "They don't ring a retirees. Union Shop? bell. I was playing in the sandbox back Military retirees will get More government employees then." their COLAs in April. But from (34 percent) belong to unions I could see he was serious. 1995 through 1998, their raises than do their counterparts in "You know who President Nixon was, will be delayed until October, the private sector, where only don't you?" unless groups representing 11 percent of the work force is "Yeah. We learned about him in retired officers and enlisted unionized. Data from the American history." personnel can get Congress to Bureau of Labor Statistics for "Well, his people broke into the put them back on the civilian Democratic Party offices in the 1993 show that 7 million state, payout schedule. That won't be Watergate building and were caught. It local and federal government wasn't the crime itself but the coverup easy. workers belong to unions, that caused such a furor. All the forces Congress did not tamper with compared with 9.6 million union of the White House were put into play to the COLA due date for people members in the private sector. protect the president. It was a failed getting Social Security benefits Most of the union members in effort, however, because in the end for two reasons: 1) The average the federal service are in the Nixon lost everything." Social Security benefit is much U.S. Postal Service and the "What has Watergate got to do with smaller than the average civil Tennessee Valley Authority. me?" service benefit. 2) More "Nothing, except the perception is important, 1 of 6 Americans Buyout Update, Day 142 that this White House staff is doing the gets a Social Security check. Senate-House conferees may same thing. There are reports that you Tampering with the benefits of meet today to work on a are all shredding papers, hindering the that many people would be the compromise buyout bill. Both investigation and hiding evidence. You equivalent of suicide for most bills call for paying selected people have learned nothing from politicians. workers up to $25,000 to quit Watergate." Early this year, several or retire. "How could we? We were too young attempts were made to trim the The Senate bill applies to know that the Justice Department federal-military COLA to 1.3 money from cutting 252,000 didn't belong to us." percent. There was another federal jobs to the proposed "Listen, Haldeman and Ehrlichman effort to skip two of the next Violent Crime Reduction Trust went to jail so that future White House five COLAs. Another plan, Fund. The Congressional Black staff members would know right from which is alive but apparently Caucus doesn't want that wrong. Don't you realize that dormant, is the amendment considered as part of a buyout interfering in the country's legal system proposed by Sens. Bob Kerrey plan. Three members of the can give a president heartburn?" (D-Neb.) and Hank Brown caucus are on the conference "But if we do have something to hide (R-Colo.). One feature of the committee. it doesn't make sense to let it leak out to Kerrey-Brown amendment The House has instructed its the press," he said. "Whitewater could would have trimmed the 1994 conferees to accept that Senate affect Clinton's reelection, and if the COLA to 1.3 percent, but that financing plan. Three House staff doesn't sweep it under the has been tabled. members who voted for it also rug-who will?" Timing is important for a are on the conference I told him, "That's what the couple of reasons: Many committee, which has five Watergate people said. They refused to retirees who pay taxes Senate and 14 House members. acknowledge that they had lost their quarterly are trying to estimate Getting that many busy people, moral compass. All I'm trying to do is their liability for the 1994 year. plus staff members, into the save you from going to a minimum Obviously, any increase they same room at the same time security prison like Allenwood where get-or don't-is an important will be a chore. they have nice tennis courts." "Okay, so you've warned me, but that doesn't mean I believe every word of what you say." "What don't you believe?" "That part about an American president being driven from office over a third-rate burglary at the Watergate-I don't know anybody in the White House who would be that stupid." TUESDAY, MARCH 15, 1994 WASHINGTON POST € 1994. Los Angeles Times Syndicate 29 TUESDAY, ARCH 15, 1994 TON POST Solid Arkansas Image FINAL Wilts in Capital Heat would have no personal liability on a loan to buy about half of Madison's 1.100-acre Castle Grande project south of Little Rock. Fiske has By Howard Schneider listed as significant, other lawyers involved subpoenaed Castle Grande records as part of a and Sharon Walsh said Hubbell played either a minor role or broad look at Madison's activities. Washington Post Staff Writers the cases themselves were not significant. Hubbell, who recused himself from the Hubbell told the Judiciary Committee he On documents submitted to the Madison investigation late last year, said handled for then-governor Bill Clinton a chal- through a spokesman that he does not recall Senate Judiciary Committee last lenge to a ballot initiative setting new ethics helping draft the terms of the loan for Ward, a year, Associate Attorney General disclosure requirements for public officials. retired businessman who was hired by Webster L. Hubbell listed among his But-Scott Trotter, who worked with Hubbell McDougal in 1985 to put together real estate "ten most significant litigated mat- to defend the proposal, said, "There is no deals. ters" a complicated patent dispute way that any of those ballot title challenges "He has no clear recollection of drafting it," involving Hunter Engineering and can be considered major litigation." said Justice Department spokesman Carl the F.M.C. Corp. In a case involving a roof collapse at a Lit- Stern. "He doesn't believe he did it, but it's "I was the lead trial counsel," Hub- tle Rock car dealership, Hubbell represented been a long time," Stern said. bell wrote to the senators reviewing a subcontractor while most of the case fo- Ward has declined to be interviewed. His his career and fitness to take over cused on the general contractor and the ar- attorney, Alston Jennings, said: "As far as the No. 3 job at the Justice Depart- chitect. Some lawyers described it as a stan- [Ward] knows, Webb Hubbell had nothing ment. dard construction dispute; Hubbell portrayed whatsoever to do with the transaction." But the Hunter Engineering case it to the Judiciary Committee as the "longest Ward's loan was repaid through the sale of never went to trial, and other law- civil trial in Pulaski County history." Castle Grande lots. Madison, which fully fi- yers involved in the 18-month dis- "I'd be very much surprised if Webb Hub- nanced those sales, was unable to collect on pute have a different recollection of bell ever did a dollar's worth of work for most of the loans. The Castle Grande project Hubbell's involvement. "I wasn't ev- Ensco," said H. Clay Robinson, former presi- was harshly criticized in a confidential 1986 er in the same room with him," said dent, board member and outside counsel for federal bank examination. which found that it Greg Upchurch. the St. Louis attor- Environmental Systems Co. of Little Rock. was "purchased and sold in a series of ficti- ney who handled the case for Hunter Current Ensco officials declined comment. tious transactions" that generated $1.8 mil- Engineering and remembers only Hubbell had listed Ensco on a list of clients lion in inflated profits and payments to Madi- minimal involvement by Hubbell's from whom he said he received more than son owners and employees. firm. $5,000 in recent years. Three years later, when Madison failed In the narrow world of Arkansas Hubbell's role in the Clinton administra- and the RTC wanted to file suit against the law and politics, few lawyers could tion was controversial from the beginning. thrift's accountants for malpractice, Hubbell top Hubbell's public image. A cham- On paper, he served as associate attorney was hired without informing the government pion University of Arkansas line- general, the No. 3 person in the bureaucracy that his father-in-law had been a Madison in- backer who became Little Rock's overseeing the prosecution of civil laws. But sider who was in the midst of his own legal mayor at 31, he headed the litigation Clinton's critics suspected Hubbell's power dispute with the RTC over Madison funds. section at the Rose Law Firm and went beyond his formal appointment, with In June 1989, after federal officials accumulated a net worth of nearly Hubbell serving as a sort of de facto attorney learned of Hubbell's connection to Ward. $1 million before following his long- general, the real power at the Justice De- they sought and received a letter from him in time friend and golf partner Bill Clin- partment. which he stated, "I have not represented Mr. ton and law partner Hillary Rodham But it was the Whitewater controversy Seth Ward in connection with any issue or LAWYERS, From A1 and the Justice Department's investigation matter relating to his disputes with Madison of the failed Madison Guaranty Savings & Guaranty." Hubbell further pledged he had Clinton to Washington. "You'd have to go a Loan that proved most troublesome for Hub- "no intention" of representing Ward. long way in my state to find anybody who bell. commands more respect, both professionally After Madison was taken over by federal Four months later. Hubbell-still repre- and as a person, than Webb Hubbell," said regulators in 1989, Hubbell and other Rose senting the RTC-informed Ward's lawyer Sen. Dale Bumpers (D-Ark.) as Hubbell lawyers were hired by the FDIC to repre- of a key court development, according to tes- eased through the Senate confirmation pro- sent the agency in a malpractice suit against timony by the lawyer. That information led cess with glowing recommendations from Madison's accountants. the lawyer to obtain $400,000 in disputed the White House. Hubbell secured the legal work for the RTC funds. But in recent weeks, as Hubbell's legal ac- Rose firm despite several possible conflicts: Under a side contract never made part of tivities came under scrutiny-by his own law The owner of the thrift, James B. McDou- the S&L's records, Madison owner McDou- firm, the federal agencies that had used his gal, was a partner with the Clintons in the gal had agreed Madison would pay Ward a services and the press-a less clear picture Whitewater Development Corp.-the land 10 percent commission on all commercial of Hubbell emerged. In an internal inquiry, deal that along with the collapse of Madison land sold at Castle Grande, no matter who the Rose firm raised serious questions about is being investigated by special counsel possible improprieties in Hubbell's client bil- Robert B. Fiske Jr. In addition, the Rose actually sold it. Ward claimed $356,840 in lings and expense reports that may have re- firm had earlier been hired by McDougal to commissions on commercial land sales at sulted in hundreds of thousands of dollars in help salvage Madison's finances-an effort Castle Grande. losses for the firm and excessive bills to that involved Hillary Clinton representing Ward sued Madison in Arkansas state some of its clients. the thrift before regulators appointed by court and won; $400,000 was placed in an Both the Federal Deposit Insurance Corp. her husband. escrow account while the case was appealed. and Resolution Trust Corp. recently began Finally, Hubbell's father-in-law was an em- After the RTC stepped in and moved the reexamining Rose firm bills from the time ployee and was involved in one of the land case to federal court, the state appeal was that Hubbell served as supervising attorney projects criticized repeatedly by federal bank dismissed. on savings and loan cases. Rose firm part- investigators. ners have been preparing to take the matter Though the FDIC recently cleared Hub- Hubbell advised Alston Jennings. Ward's to the state bar and are considering bringing bell of ethics violations, his Madison involve- lawyer. about the state court decision. That a lawsuit against Hubbell, according to ment is likely to become an issue not only for gave Jennings an opportunity to take the sources close to the firm. Rose firm partners Fiske's investigators, but also for the RTC $400,000 out of escrow- setting off yet an- were meeting last night and were expected inspector general who is conducting an audit other court dispute with the RTC. to discuss how to proceed. They could not be of his work. "I guess it must have been Wednesday reached last night for comment. Former Madison executive Harry Don Den- morning of last week I was advised by For his Senate Judiciary hearings, Hubbell ton, who served as senior vice president and Web Hubbell, who is Seth Ward's son-in-law submitted a 26-page questionnaire that in- loan officer, said in an interview that Hubbell drafted language for a $1.15 million Madison that the [state] Court of Appeals had dis- cluded his description of the 10 most signifi- cant litigated matters that he handled per- loan for his father-in-law that was used to fi- missed the appeal in this case, I decided sonally. Among the matters he successfully nance a real estate deal in a project now under that Mr. Ward was entitled to his money and litigated were cases for the Audubon Society federal investigation. I went down to Worthen Bank and got it," of Little Rock and the Arkansas-based Tyson The wording in the 1985 loan to Seth Jennings testified on Oct. 31. 1989. He said Foods Inc. James B. Blair, Tyson's general Ward, an employee of Madison's real estate he also read an item in the local newspaper counsel, said, "In all my relations with Webb subsidiary, said Ward could not be held per- about the dismissal. Hubbell, he's been a competent lawyer and a sonally liable for repayment, according to Ward's victory was overturned in federal nice guy." Denton. court, and he ended up returning most of the However, in roughly half of the cases he "Hubbell structured the wording for money in a settlement with the RTC. Seth's non-recourse note," said Denton in an interview. "There wasn't anyone obligated to Staff writer Susan Schmidt contributed to repay it." Denton said he met with Hubbell in the fall this report. of 1985, and that Hubbell prepared the lan- guage in a promissory note under which Ward 3 Mr. Hubbell Goes I ASSOCIATE Attorney General Webster of the money Madison had lost, so there would be Hubbell had been an official of, say, the less for the taxpayers to pay. The issue is partly Agriculture Department, perhaps he could whether Mr. Hubbell properly disclosed to the have remained in government while trying to RTC that his father-in-law had a Madison tie (and fight free of his other troubles, which are consid- in fact, was still trying to extract a sizable fee he erable. The issue would have been mainly a claimed that Madison owed him). Mr. Hubbell political one-whether his continued presence in says he did make proper disclosure; a more basic the administration was an embarrassment to his question is whether he should have taken the friend the president who appointed him. case even so, because of the potential conflict-of- But the Justice Department as the government's interest it created for him. principal law enforcement agency is different. It is Mr. Hubbell is also in a dispute with the Rose charged with upholding some of the very standards firm over certain expenses incurred while he was that Mr. Hubbell is accused by his various critics of there. Some of these were run up in the course of having violated. Mr. Hubbell, Hillary Rodham Clin- a lawsuit that he agreed to file on behalf of his ton's former partner in the Rose Law Firm of Little father-in-law on a contingency-fee basis. Rose Rock, is said to have done a good job in his tenure was to get paid only if it won; instead it lost, and at Justice, for which he was praised yesterday by has had to absorb the costs itself. Attorney General Janet Reno. He still needed to Mr. Hubbell has not been fully heard from on resign, and should probably have done it or been either of these matters. Nor has he been officially asked to do it earlier. or frontally charged with doing any wrong. But His troubles arise from two cases that he he can't simultaneously defend himself on these handled while a Rose partner, both involving his flanks, where he may or may not be vulnerable, father-in-law, Seth Ward. Mr. Ward was in turn and still do the No. 3 job in a Justice Department an employee of the real estate arm of Madison that already has lost its No. 2 official and has Savings & Loan, the failed institution whose management and policy problems enough. The president was a business partner of then-Gover- place is hurting. The administration is hurting, nor and Mrs. Clinton. Mr. Hubbell at one point too. The last thing it needed was what Mr. represented the federal Resolution Trust Corp Hubbell had become-a further reminder of the in a lawsuit involving Madison; the RTC was Madison Savings & Loan-Whitewater real estate trying to recover from an accounting firm some venture story, inside the Justice Department. Much More Than Research Fortunately for the American when they mate with fertile, native people, the agricultural research pro- female flies, the eggs will not hatch. jects recently listed in the "Congres- This technology, already used to sional Pig Book" ["Highlights of 1994 control other insect pests, is envi- Pig Book List," Feb. 17] received far ronmentally safe and eliminates the better evaluation for their scientific need for chemical controls. merit before they were funded than The screwworm fly lays its eggs was the analysis rendered by Pig in open sores of warm-blooded ani- Book's sponsor, Citizens Against mals, including humans. When these Government Waste (CAGW). eggs hatch, the larvae eat the flesh Let me cite one project as an of their hosts, eventually causing example: the $34.6 million labeled as death. If CAGW's members could screwworm research. Actually, those see these larvae eating into a live funds would finance operations of the animal-or in the nostrils or scalps jointly managed U.S./Mexico/Central of young children, as has been well American screwworm eradication documented-I'm sure they would program-not research. The goal is change their tune. to eliminate this vicious pest from The screwworm eradication pro- North and Central America down to gram saves U.S. livestock producers the Isthmus of Panama, where a $400 million annually, returning to natural geographic barrier can be consumers and taxpayers more than maintained. Because NAFTA will al- $10 in benefits for every dollar low the free exchange of livestock spent. The program will help secure across the U.S./Mexico border, this the economic viability of the U.S. program is essential to protecting livestock industry, keep food prices the United States from a screwworm low and preserve the health and reinfestation. safety of both humans and animals. The technology to eradicate the So the next time CAGW decides screwworm was developed by two to make headlines about a topic U.S. Department of Agriculture sci- about which it has little knowledge, entists who won the 1993 World it had better check its facts. Food Prize for their achievement. R. D. PLOWMAN Carefully measured doses of irradia- Acting Assistant Secretary Science and Education tion are used to sterilize artificially Department of Agriculture raised male screwworm flies so that Washington TUESDAY, MARCH 15, 1994 WASHINGTON POST 38 Mr. Hubbell Goes I ASSOCIATE Attorney General Webster of the money Madison had lost, so there would be Hubbell had been an 'official of, say, the less for the taxpayers to pay. The issue is partly Agriculture Department, perhaps he could whether Mr. Hubbell properly disclosed to the have remained in government while trying to RTC that his father-in-law had a Madison tie (and fight free of his other troubles, which are consid- in fact, was still trying to extract a sizable fee he erable. The issue would have been mainly a claimed that Madison owed him). Mr. Hubbell political one-whether his continued presence in says he did make proper disclosure; a more basic the administration was an embarrassment to his question is whether he should have taken the friend the president who appointed him. case even so, because of the potential conflict-of- But the Justice Department as the government's interest it created for him. principal law enforcement agency is different. It is Mr. Hubbell is also in a dispute with the Rose charged with upholding some of the very standards firm over certain expenses incurred while he was that Mr. Hubbell is accused by his various critics of there. Some of these were run up in the course of having violated. Mr. Hubbell, Hillary Rodham Clin- a lawsuit that he agreed to file on behalf of his ton's former partner in the Rose Law Firm of Little father-in-law on a contingency-fee basis. Rose Rock, is said to have done a good job in his tenure was to get paid only if it won; instead it lost, and at Justice, for which he was praised yesterday by has had to absorb the costs itself. Attorney General Janet Reno. He still needed to Mr. Hubbell has not been fully heard from on resign, and should probably have done it or been either of these matters. Nor has he been officially asked to do it earlier. or frontally charged with doing any wrong. But His troubles arise from two cases that he he can't simultaneously defend himself on these handled while a Rose partner, both involving his flanks, where he may or may not be vulnerable, father-in-law, Seth Ward. Mr. Ward was in turn and still do the No. 3 job in a Justice Department an employee of the real estate arm of Madison that already has lost its No. 2 official and has Savings & Loan, the failed institution whose management and policy problems enough. The president was a business partner of then-Gover- place is hurting. The administration is hurting. nor and Mrs. Clinton. Mr. Hubbell at one point too. The last thing it needed was what Mr. represented the federal Resolution Trust Corp Hubbell had become-a further reminder of the in a lawsuit involving Madison; the RTC was Madison Savings & Loan-Whitewater real estate trying to recover from an accounting firm some venture story, inside the Justice Department. Much More Than Research Fortunately for the American when they mate with fertile, native people, the agricultural research pro- female flies, the eggs will not hatch. jects recently listed in the "Congres- This technology, already used to sional Pig Book" ("Highlights of 1994 control other insect pests, is envi- Pig Book List," Feb. 17] received far ronmentally safe and eliminates the better evaluation for their scientific need for chemical controls. merit before they were funded than The screwworm fly lays its eggs was the analysis rendered by Pig in open sores of warm-blooded ani- Book's sponsor, Citizens Against mals, including humans. When these Government Waste (CAGW). eggs hatch, the larvae eat the flesh Let me cite one project as an of their hosts, eventually causing example: the $34.6 million labeled as death. If CAGW's members could screwworm research. Actually, those see these larvae eating into a live funds would finance operations of the animal-or in the nostrils or scalps jointly managed U.S./Mexico/Central of young children, as has been well American screwworm eradication documented-I'm sure they would program-not research. The goal is change their tune. to eliminate this vicious pest from The screwworm eradication pro- North and Central America down to gram saves U.S. livestock producers the Isthmus of Panama, where a $400 million annually, returning to natural geographic barrier can be consumers and taxpayers more than maintained. Because NAFTA will al- $10 in benefits for every dollar low the free exchange of livestock spent. The program will help secure across the U.S./Mexico border, this the economic viability of the U.S. program is essential to protecting livestock industry, keep food prices the United States from a screwworm low and preserve the health and reinfestation. safety of both humans and animals. The technology to eradicate the So the next time CAGW decides screwworm was developed by two to make headlines about a topic U.S. Department of Agriculture sci- about which it has little knowledge, entists who won the 1993 World it had better check its facts. Food Prize for their achievement. R. D. PLOWMAN Carefully measured doses of irradia- Acting Assistant Secretary Science and Education tion are used to sterilize artificially Department of Agriculture raised male screwworm flies so that Washington TUESDAY. MARCH 15. 1994 WASHINGTON PINT 38 Madison questions pursue first lady She asserts commitment to press ahead with reform of health care that the Whitewater-Madison im- that she would release all informa- podium. Afterward, one guard By Valerie Richardson broglio had not detracted from her tion surrounding the matter after said the order to remove it came THE WASHINGTON TIMES campaign to implement universal the investigation by Whitewater- from the first lady's staff. DENVER - First lady Hillary health coverage. Madison special counsel Robert B. Shariar Ghalam, one of several Rodham Clinton tried doggedly to "I don't think it [Whitewater] Fiske Jr. men who brought the sign, d he stick to the subject of health care matters at all," said Mrs. Clinton, "We lost money - goodness was not satisfied with the White during her visit here yesterday, flanked by about 30 uniformed Na- knows what you all would be say- House's explanation of Mr. Fos- but questions on the Whitewater- tional Guard medical personnel ing if we made money," Mrs. Clin- ter's suicide. Madison matter would not leave outside a makeshift medical unit. ton said. "I'm glad we lost money." His friend, Kendall Collins of her alone. "I've been talking about health Reporters were not the only Boulder, added: "At the pinnacle of In Colorado, Mrs. Clinton pro- care for more than a year, and I'll ones with questions about Mrs. his career, it's hard to believe that moted her proposed national keep talking about it 'til I get it Clinton's involvement in the White he committed suicide." health care proposal, gave a done." water-Madison affair. At her Mrs. Clinton's health care pro- speech at the University of Colo- As for Mr. Hubbell's resigna- speech at the Boulder campus, a gram drew some challenges, as rado at Boulder, explained the tion, she said he would be "missed group of local men held up an well. While the 5,000 students and finer points of her health plan at a greatly." enormous banner with the mes- local residents who attended forum in Denver and toured a Na- Mr. Hubbell, a former senior sage: "What Did Vince Foster cheered at several points in tional Guard medical unit operat- partner with Mrs. Clinton's at Lit- Know?" The words "Vince Foster" speech, several dozen held signs ing in Denver's inner city. tle Rock's Rose Law Firm and were painted in dripping red let- with messages such as "Colorado When she finally agreed to field close friend of the Clintons', was ters. Wants Single-Payer," New questions from reporters at the mired in questions about his han- Mr. Foster, the former White Taxes," Reduce Government" and end of the day, however, she was dling of a federal lawsuit aimed at House deputy counsel, Clinton "Please Save Us, Hillary, We're deluged by queries on the Clin- Madison Guaranty Savings and personal attorney and former Helpless Without the Govern- tons' involvement in Whitewater- Loan Association and possible Rose colleague of Mrs. Clinton's, ment." Madison and the resignation of As- overbilling of Rose clients. died in July in what authorities Rep. Patricia Schroeder, Colo- sociate Attorney General Webster "I am personally deeply sad- have termed a suicide at a North- rado Democrat, took a swipe at L. Hubbell. dened for Webb and his family," ern Virginia park. White House of- Mrs. Clinton's detractors during At one point, the discrepancy she said. "But I'm also very sad for ficials removed records from the the Denver summit, one of several between her agenda and that of this country because he has and Clintons' partnership - White- health care forums sponsored na- reporters became so stark that had done a lot of very good work water Development Corp. - tionwide by the Columbia Insti- Colorado Gov. Roy Romer, a fellow at Justice." shortly after his death. tute. Some congressional Republi- Democrat, stepped in and banned She repeated remarks released A few seconds into her speech, cans, she said, have done further cuestions unrelated to over the weekend about her own campus security guards ordered "everything they could do to stop health care. involvement with the failed S&L. the men to put down the banner, Hillary" from succeeding in 't.l- Even so, Mrs. Clinton insisted saying she had made mistakes and which was about 50 feet from the acting health care reform. Federal employee buyout bill stalls over how to spend savings By Greg Pierce vent government," would provide five Senate conferees will oppose THE WASHINGTON TIMES up to $25,000 each to those wishing the crime provision, despite over- to leave government. However, it whelming support in that cham- House and Senate conferees may be too late to be cost-effective ber. will meet today to hash out the fed- in this fiscal year, which ends Sept. Sen. William V. Roth Jr. of Dela- eral employee buyout bill. 30. ware, ranking Republican on the The main issue, according to The Office of Personnel Man- Governmental Affairs Committee staffers in the House and Senate, agement already has begun laying and original author of the crime will be how to spend the savings off employees. NASA, the U.S. In- amendment, is a member of the resulting from reducing the fed- formation Agency and the Interior conference committee. eral work force by 252,000 over the Department also are said to be "He's still of the hope that we next few years. considering layoffs this year. can reach agreement quickly and Today's conference "may not be On Friday, the Senate voted 90-2 promptly to get this bill approved," the end of it," according to a Senate in favor of the crime amendment Mr. Roth's press secretary, Verna staffer. to the buyout bill. Later that day, Hensley, said yesterday. "The Both bodies have endorsed a the House voted 231-150 to in- greater question is whether the provision to use the estimated $22 struct its conferees to accept the conferees will follow the wishes of billion in savings to finance the measure. both the House and Senate that Senate's crime trust fund, which "This could go on and on," the were expressed on Friday." President Clinton supports. Senate staffer said, because one or Mr. Roth has said he would be However, the Senate staffer said both chambers will vote to recom- willing to use the savings from the the majority of conferees from mit the bill to the conference com- work-force reduction to cut the both chambers are opposed to the mittee and reinstate the crime deficit, should the House refuse to anti-crime fund, which would go amendment. accept the crime amendment. for prison construction and to A House staffer agreed that the "That would be a reasonable train 100,000 additional police. big issue "is earmarking the sav- compromise, one that would be "I guarantee it will not have the ings," meaning the crime trust hard to argue with," Mrs. Hensley crime trust fund in it" when the fund. said. bill comes out of conference com- "It's hard to get a reading on However, it remains to be seen mittee today, the staffer said. something like this," but "I'm kind whether such a compromise "They're just going to delay this of optimistic this will be resolved would be acceptable to House con- another couple of days," because in some reasonable period of ferees. the Senate, if not the House, "will time" - a couple of days at most, Rep. William L. Clay, Missouri not stand for it." the House staffer said. Democrat and chairman of the The buyout bill, intended to tar- Only three of the 14 House con- Post Office and Civil Service Com- get middle managers as part of the ferees backed the crime measure mittee, will lead the House delega- administration's attempt to "rein- in Friday's floor vote. Three of the tion. The Washington MARCH 15. 1994 98 Nothing at law firm is smelling like a rose its role in the Whitewater-Madison assure jittery clients that the over- you have to spend an enormous By Rod Dreher THE WASHINGTON TIMES affair and a possible cover-up, billing was an isolated phenom- amount of time in meetings re- threatens to hobble its practice. enon. lated to the investigation, d ing The news keeps getting worse "It's obviously gone south about There is evidence that this is al- with lost clients and questioning for Little Rock's beleaguered Rose as fast and as bad as a situation ready happening. Dean Cannon, the decisions of one another, peo- Law Firm. could," said David Williams, re- president of Cannon Trucking in ple inside the institution have to Yesterday's resignation under cent past president of the Arkan- Little Rock, checked his billing ask themselves: 'Is this the I eI fire by Associ- sas Bar Association. The latest de- records after reading press re- need to be?' NEWS ate Attorney velopments, he speculates, "are ports about the internal investiga- Mr. Hubbell returns to Arkan- General Web- intended to salvage whatever they tion at the firm. He found no prob- sas with the possibility of ethics ANALYSIS ster L. Hubbell, can as early as they can." lems, and his Rose lawyer, Richard charges hanging over his I If a senior partner Ronald Clark, the firm's manag- Massey, called Mr. Cannon to the Rose Law Firm files a for at Rose before joining the Clinton ing partner, did not return a re- assure him there would never be a complaint with the state Supreme administration, guaranteed the porter's phone call seeking com- problem. Court Committee on Professional prestigious firm would have its ment. "I don't feel like it's a company Conduct and the committee finds erstwhile white shoes further The Washington experience has problem. as much as an individ- Mr. Hubbell guilty, the former No. stained as the story splashes taken a particular personal toll on ual," Mr. Cannon said. "The people 3 man at the Justice Department across the nation's TV screens and the four Rose senior partners who that we've dealt with there on a could face disbarment pro front pages. came to Washington to serve in the regular basis are very reputable, ings in a court of law. On Friday, The Washington Clinton administration. straight-up people." Mr. Hubbell was appointed by Times reported that the Rose firm Two are no longer in the govern- One knowledgeable Arkansas Gov. Clinton as chief justice of the is considering filing ethics ment. Vincent W. Foster Jr. died in lawyer predicts most of the firm's Arkansas Supreme Court, and was charges against Mr. Hubbell after what authorities termed a suicide, established clients will, like Mr. mayor of Little Rock from 1979 to an internal investigation found he and Mr. Hubbell resigned under Cannon, stick with the Rose law- 1981. could not account for hundreds of an ethical cloud. yers with whom they have built a Unless charges of extreme thousands of dollars in expenses Assistant White House Associ- relationship. Yet if the $1 million overbilling can be proven. Mr. Wil- billed to clients. Monday's Wall ate Counsel William Kennedy III figure proves true, the lawyer liams thinks his old friend will Street Journal put the figure at is reportedly unhappy in the White says, all bets are off. land on his feet back home. more than $1 million. House. And the leader of Rose's The danger of client defections Others aren't so sure. In his resignation letter to Pres- "Gang of Four" Hillary Rodham couples with the risk of lawyer de- "You've got to be kidding," one ident Clinton, Mr. Hubbell said Clinton - is widely considered to fections as the federal investiga- prominent Little Rock lawyer said. publicity generated by the escalat- be at the center of the Whitewater- tion continues, said a well-known "I don't see how he can come back ing controversy with his old firm Madison affair. Washington lawyer. here and be received with any- hamstrings his effectiveness at the If the massive overbilling accu- "The thing that holds a law firm thing but disdain, particularly by Justice Department. The continu- sations against Mr. Hubbell prove together isn't just the collegial na- the Clinton crowd. Webb Hubbell ing crisis at the Rose firm, which true, Rose firm lawyers will no ture of institution. It's a part- will soon be the Jim McDougal of includes a federal investigation of doubt have to work overtime to re- nership," he said. "To the extent the Arkansas Bar." More lawyers find overbilling has legal limit government that said he worked By Nancy E. Roman More hours in a year than any- and many 24-hour days in 1991. THE WASHINGTON TIMES without a day off. through three nephysically could have worked. Records showed that in 1991, weekends, averaging more than Mr. Simon told of one case in Mr. Perrone billed the city for a Lawyers increasingly are being eight hours a day at a fee of $125 which a woman reported overbill- total of 3,755.75 hours of work - prosecuted for overbilling their an hour. ing to the firm's senior partners. more than 10 hours every day of clients, ethics lawyers say. John J. Marquess, founder and They fired her, and she sued. win- the year. "Five years ago it was a very general counsel of Legalgard Inc., ning a handsome jury verdict. He was suspended from taking oddball story to read anything a company that audits legal bills, Mr. Simon said he uses a stop- further appointments. and court about a lawyer defrauding a client said overbilling is commonplace. watch when talking with a client officials were ordered not to pay by charging some fantastic sum "Our experience since 1987 on the phone. "But you don't see any of his pending bills. for legal bills. Now I probably run and we have seen between 4 and 5 many lawyers in practice who are Lawyers bill in four ways: the across a story like this once every million legal bills when you find billing in that way. contingency fee, the flat the month or two," said Roy Simon, a fat it can be as high as 30 percent," "Usually, they are on the train statutory fee and the hourly fee. law professor who teaches ethics said Mr. Marquess. "I'm not saying the next morning trying to recon- With a contingency fee, the client at Hofstra University in New York. that every legal bill is full of 30 struct the previous day: If you agrees to pay a percentage of the The Rose Law Firm is investi- percent fat, but four out of five know that you got to the office at money won in the lawsuit. A stat- gating reports that Webster L. bills we see have some problem." 8:30 and didn't leave until 7:30. that utory fee is set by law or a judge. Hubbell overbilled clients. Mr. Marquess left private prac- sounds like 11 hours. But that However, most business attor- He is accused of writing checks tice to start Legalgard after wit- doesn't account for chats in the neys charge by the hour. on a client account to pay for per- nessing unchecked abusive bill- hall, or stopping to read a mag- This month the ABA Journal sonal trips and credit-card bills, ing. "I did some research into what azine on a reception table. Those has a cover story on hourly billing crediting to himself hours worked we were hearing and found out that five and 15 minutes add up." called "When Alternative Billing by salaried associates, and billing a lot of it was real," he said. Ultimately. he said. 11 hours are Beats the Clock." which concludes taxpayers more than $20,000 for He said most of the fat is inef- billed for eight hours work. that clients do not like to be billed work on a Madison Guaranty Sav- ficiency, but about 5 percent is out- Philadelphia lawyer William on an hourly basis but prefer a ings and Loan Association matter right fraud, which includes billing Perrone was suspended last year results-oriented pay scheme. during one 20-day period. for: from handling court-appointed Mr. Simon says he will bring all As managing partner of Little Expenses not incurred. work after the Philadelphia In- this up with his ethics classes. Rock's Rose Law Firm. Mr. Hub- More hours than were spent. quirer reported the 43-year-old "I wouldn't be able to resist bell submitted a bill to the federal Attending events not attended. lawyer had billed three 30-hour bringing this up," he said. The Washington Times TUESDAY. MARCH 15, 1994 99 By Maria Recio Gonzalez to the Banking Committee chair- manship after years of defying the FORT WORTH STAR TELEGRAM Democratic leadership. In the tensely partisan atmos- Mr. Gonzalez denies that he is phere on Capitol Hill, Republicans are demanding hearings on the is chief foe under pressure from the leader- ship. Asked about reports that burgeoning Whitewater affair House Speaker Thomas S. Foley, while the Democratic beachhead Washington Democrat, put out the against a congressional inquiry is of hearings word that there were to be no hear- being held by, of all people, Rep. ings, Mr. Gonzalez said: "I haven't Henry B. Gonzalez. heard from him." The Texas Democrat. who in But in early February, Mr. Gon- five years as chairman of the zalez said in a televised exchange House Banking Committee led the Fort Worth Star-Telegram with two Republicans on the investigative charge on everything House floor that there would be from the savings and loan crisis to the funneling of U.S. aid to Iraq, gime," he said, meaning before hearings on Whitewater. Congres- sional sources say Mr. Foley "went has never let politics get in his way. Congress passed stricter banking ballistic" and Banking Committee But in an increasingly bitter dis- rules. Mr. Leach has been a strong ally staffers immediately denied that pute with the ranking Republican the chairman meant that there on the committee, Rep. Jim Leach of Mr. Gonzalez on all the inves- would be anything other than the of Iowa, Mr. Gonzalez is fending tigations, including one into the semiannual RTC review on March off the same kind of investigative role of Neil Bush, son of then- 24. hearing on Whitewater that has President Bush, as a director of a failed Denver thrift. "The maverick." said one for- been the San Antonio maverick's For now, Mr. Leach will say only mer Democratic banking expert, trademark. "I don't know what's gotten into that he respects Mr. Gonzalez for "is playing ball." Leach," Mr. Gonzalez said in an in- his "distinguished career of inde- As a result, Republicans are terview "I don't know if he wants pendence." But sources say Mr. striking out. to be Mickey Spillane or what." Leach is weighing upping the ante Mr. Leach's ploy in requesting Republicans are trying to turn a in his struggle with the chairman that 40 persons associated with March 24 House Banking Commit- by suing the thrift regulatory Whitewater - including White tee hearing on the oversight of the agencies for documents that Mr. House Chief of Staff Thomas F. Resolution Trust Corp. (RTC) into Gonzalez withheld from Mr. "Mack" McLarty appear as wit- an expose of the dealings of Pres- Leach. nesses at the March 24 hearing ident and Hillary Clinton with a Republican staffers mutter that may backfire. failed Arkansas thrift and an in- Mr. Gonzalez and his aides are "When we get to that day, I'll vestment property known as suddenly worried about holding on make a ruling," Mr. Gonzalez said. Whitewater Development Corp. Mr. Gonzalez, 77, is having none of it. "I'm not going to get side- tracked." he said firmly. "We have Former no legislative purpose in looking at Whitewater. If something hap- pened with respect to the S&L, we have laws." And that means that if there was partner any wrongdoing, he believes it is up to special counsel Robert Fiske to find it. Mr. Fiske opposes hear- mum on ings into Whitewater. Both Democratic and Republi- can Banking Committee watchers note that Mr. Gonzalez has pur- Clintons sued his high-profile inquiries even in the face of opposition from all levels of law enforcement. LITTLE ROCK, Ark. (AP) - A Richard Thornburgh as attorney former Whitewater partner of general tried unsuccessfully to President and Mrs. Clinton's quash hearings into the scandal- passed up an opportunity yester- ridden Banco Nazionale de La- day to say she thinks the Clintons oro, accused of concealing U.S. have done nothing wrong in the aid to Iraq before the Persian Gulf Whitewater-Madison affair. Susan McDougal war. At a news conference, Susan Mr. Gonzalez first catapulted to McDougal read a brief statement prominence with the 1989 Keating that declared simply that she and client never asked for any reason. Five case, in which five senators- he ex-husband - James B. Madison is suspected of being a four Democrats and one Repub- McDougal, owner of the failed conduit for campaign funds for Ar- lican - were accused of using Madison Guaranty Savings and kansas politicians, including Mr. their influence with regulators on Loan Association are innocent Clinton. behalf of California thrift owner of any wrongdoing. "Susan McDougal is aware of no Charles Keating. He now says that Mrs. McDougal said the investi- inappropriate financial transac- case was altogether different from gation of Whitewater-Madison tions in which she was directly inc Whitewater. special counsel Robert B. Fiske Jr. volved and she has no knowledge "That was under the old re- is politically motivated and then of any improper transfer of funds declined to answer questions. to a Clinton political campaign," In an appearance Sunday on Mr. McDaniel said. ABC-TV's "This Week with David He said he would advise Mrs. Brinkley," Mr. McDougal, who co- McDougal not to give a sworn owned Whitewater Development statement to Mr. Fiske or testify EUROSTUESDAY, MARCH 1994 Corp. with his ex-wife and the Clin- before a grand jury here unless tons, said Mr. Clinton is "guilty of she is given access to all of here committing no crime." financial records that are being And he said Hillary Rodham held by various government agen- Clinton is guilty of nothing other cies. than "poor bookkeeping." Mrs. McDougal, 38, who faces But Mrs. McDougal's attorney, fraud charges in an unrelated Cali- Bobby McDaniel, repeatedly re- fornia case, is unemployed, Mr. fused to characterize the Clintons' McDaniel said. role in Whitewater-Madison. Mr. McDaniel, in response to a The McDougals and Clintons question about the Clintons' guilt, were 50-50 partners in White- said, "Susan just does not want to water, the Ozarks real estate proj- address the Clinton" question. ect that is part of Mr. Fiske's crim- He noted that his client deliv- inal investigation. He is leading a ered all her Whitewater records to federal grand jury probe into the Arkansas governor's mansion whether Madison depositors' in 1991 at then-Gov. Clinton's re- money from Madison benefited quest and has not gotten them the Clintons and was siphoned to back. political campaigns. Mr. Fiske also Mrs. McDougal said previously is probing Mr. Foster's death and the records were requested by accusations that Little Rock's Mrs. Clinton, who had written a Rose Law Firm has shredded letter in November 1988 seeking Whitewater documents. power of attorney for Whitewater Among the accusations is that and all the records. $110,000 of a $300,000 federally The Clintons intially said the backed loan Mrs. McDougal re- records were missing. but the ceived from Little Rock business- White House later turned over man David L. Hale wound up in the Whitewater records to federal in- Whitewater account. Mr. Hale said vestigators after searching the of- Mr. Clinton and Mr. McDougal fice of former White House pressured him to give the loan to Deputy Counsel Vincent W. Foster Mrs. McDougal. The loan was Jr. soon after his body was found never repaid. in a park in July in what author- Mr. Hale, a former county mu- ities termed a suicide. nicipal judge, goes on trial March Mr. McDaniel said Mr. Clinton 28 in Little Rock on charges of de- 100 had given no reason for wanting frauding the Small Business Ad- the records in 1991 and that his INSIDEATHE BELTWAY jacket for the men, with contem- Ask her new chef porary necktie and cufflinks. And "Dear Inside the Beltway," for the women, a combination of writes Larry Zupan of Vienna, Lauren fragrance and fur imi- Va. "Is it true that Hillary Rod- tation, of course. ham Clinton's favorite breakfast cereal is Shredded Wheat?" Ridiculous politics Live from Chicago, where he is Double take fighting for political survival, Just sitting in the lobby of Rep. Dan Rostenkowski was President Clinton's hotel in De- asked his thoughts on the Whitewater-Madison affair yes- No Polo shirts for Roger troit yesterday, Debbie Godfrey terday on CBS-TV's "This Morn- Kennedy's park rangers. shook up the Secret Service, White House press, hotel security ing." "I'm not interested in having a and at least one guest. New York Republican, as a "par- Debbie Godfrey, you see, is a [congressional] hearing," the Illi- tisan pit bull." nois Democrat told interviewer dead ringer for Hillary Rodham Harry Smith. "I mean, it's gotten Clinton, and she knows it. Counting chickens "It's all in the cheekbones," the so political that it's almost ridic- ulous. There was a poll done just Political analyst Kevin Phillips Ohio woman told our White yesterday. Seventy percent of the tells us that Republicans in Con- House correspondent, Frank J. Murray, as she waited with her American people don't really gress had better be careful about care whether or not there's a premature gloating over Mr. Clin- sister to attend a theater event hearing; as a matter of fact, they ton's Whitewater troubles. They that brought her to Detroit. She aren't even concerned about could end up looking stupid if the claimed it was pure coincidence Whitewater." president's protestations of inno- that she registered in the Omni Mr. Smith countered: "But at cence bear out. International Hotel, where Mr. the same time, that doesn't mean "A lot of these (Republican) Clinton was also a guest. It seemed the same kind of co- that what's at issue is not neces- guys aren't exactly the reincarna- sarily important." tion of Machiavelli," Mr. Phillips incidence gave her a Hillary hair- Mr. Rostenkowski: "Oh, I think muses. "They make a good herd, cut and the trim business suit of but I'm not so sure there's a lot of the type Mrs. Clinton generally it's important. But I think more is wears. She is younger, 35 years being made of the quote-unquote candlepower there." old, but close enough in appear- 'cover-up' than the actual incident that took place 10 or 12 years All aboard the PC train ance to the real thing to fool even the skeptical White House pho- ago." Following the example of the tographers who see Mrs. Clinton U.S. government, the Washington often. Pit bull named Alfonse Metropolitan Area Transit At one point, when a gullible Authority is currently advertis- The MARCH 15. 1994 guest asked if she was Mrs. Clin- While most Democrats display ing a position vacancy for a "Cul- ton, Mrs. Godfrey replied: "Yes, I a reluctance to conduct congres- tural Diversity Specialist." am. I'm the woman they love to sional hearings into Whitewater- Hurry the deadline for ap- Madison any time soon, lawyer hate." plications is Friday. Posing with the lady guest, she Joseph Califano, who held high- added: "I have to keep an eye on ranking posts in two previous Democratic administrations, be- But what a prize! my husband. A hotel's a great lieves the Clintons would benefit The Arlington County Republi- place to have an affair." from such hearings. can Committee, recently crit- Mr. Califano, domestic policy icized on this newspaper's edito- Oh, Yogil analyst in the Johnson adminis- rial page for its comments on tration and secretary of the De- behalf of single-member districts Could word circulating around partment of Health, Education for elected school boards, has the halls of the Interior Depart- and Welfare during the Carter taken our editor's characteriza- ment be true? Did National Park years, said it's important for the tion of "bean counters" to heart. Service Director Roger Kennedy president "to get the word out" "We thought the editorial was really contact pal Ralph Lauren on Whitewater. unfair but we decided to have about designing dress uniforms "The president may benefit by a little fun with it," the county's for his rangers? having congressional hearings," GOP chairman, Deb Phillips, rea- Yes, confirmed a high-ranking Mr. Califano said, adding that soned yesterday for holding a Interior official, who spoke on the Rep. Jim Leach, Iowa Republican "Guess the Number of Beans in condition of anonymity, "it's true who's been leading the House call the Jar" contest at tonight's until Kennedy was told we for hearings, "is not a partisan." monthly meeting. didn't have dress uniforms here." By contrast, Mr. Califano de- The prize? A one-year sub- Shucks. We were going to sug- scribes Mr. Leach's counterpart scription to The Washington gest a Ralph Lauren camel's-hair in the Senate, Alfonse D'Amato, Times. Off welfare rolls and into the business world? By James W Brosnan a business, the plan proposes loans an experimental Small Business said. "People would have to be MEMPHIS COMMERCIAL APPEAL of up to $25,000. Administration microloan pro- bright and motivated." Currently families on welfare gram from $16 million to $32 mil- The individual develop 1 ac- The White House task force on cannot have savings of more than lion. counts are a broader proposal to welfare reform has big goals for $1,000. If they do, the thinking Agriculture Secretary Mike encourage long-term savings. Un- welfare families - it hopes to goes, they don't need welfare. Espy also was a proponent of der a plan envisioned by Mr. Sher- make some of them homeowners Mr. Clinton is expected to unveil microloans and individual devel- raden, the government would and get others to start their own his welfare reform package next opment accounts when he was in match or subsidize deposits for the businesses. month. Most of the attention has Congress. poor in interest-bearing accounts. According to a task force offi- focused on plans to allow women a Michael Sherraden, a professor He compares IDAs to the 160 cial. one recommendation to Pres- maximum of two years on welfare of social work at Washington Uni- acres of land his great-grandpar- ident Clinton will be that the na- and then require them to take a job versity in St. Louis and a longtime ents were given in the West under tion's 4.7 million welfare families - government-provided or pri- advocate of such accounts, es- the Homestead Act after the Civi' be allowed to set up savings ac- vate. timated that fewer than 5 percent War. counts - individual development But Mr. Clinton also has ex- of those on welfare would be "Accumulation of assets is th accounts, or IDAs. pressed the view that many of equipped to start a business right key to development of poor house They could use the money to those on public assistance could away, even if given the money to do holds," Mr. Sherraden said, addin: start a business. buy a house or get qualify for small loans to start it. that assets lead to a different wa an education. their own businesses. "It takes a fair amount of gump- of thinking. To help those who want to start Last year he doubled the size of tion to start a small business." he Distributed by Scripps Howard 104 The Washington Times TUESDAY, MARCH 15, 1994 marks from veterans of other Illinois today probes, "has a reputation for Aside from a decision on Rep. day's Illinois primary is likely to offer other historic results. Inside Politics fierce independence and is stay- Dan Rostenkowski's suddenly ing clear of the web of social and uncomfortable incumbency, to- professional connections that helped spawn the Whitewater controversy in the first place." For the first time, state Demo- crats are expected to nominate The Robb prospect either a woman or a black for governor. Comptroller Dawn A shoe has dropped on Clark Netsch led Attorney Gen- Charles S. Robb, Virginia Demo- eral Roland Burris 42 percent to crat, and Democrats are asking 35 percent in the most recent whether The Washington Post poll. story on memos written by Robb Democrats are also expected staffers is the footgear that will to nominate a woman either end his career, said Charles E. Penny Severns or Sheila Smith - Cook in Roll Call. for lieutenant governor. Likely re- authority with equanimity in a ciated Press reported. Library The Post revealed memos pre- sult: two Democratic women run- capital where almost everything spokesman Kevin Cartwright pared several years ago by Robb ning against two Republican men is relative, braced by a $21.15 attributes the increase to a re- staffers investigating behavior in the general election. package of cologne on his desk, newed curiosity about Watergate, that, as the senator said in a In suburbs northwest of Chi- 'White Water for Men,' a gift from inspired by the Whitewater inves- ter to the state's party leaders, cago, conservative Rep. Philip M. the Senate Minority Leader, Bob tigation of President Clinton. demonstrated he had participated Crane has been pounded hard by Dole." Mr. D'Amato "summed up his The counterattack in activities "not appropiate for a state Sen. Peter Fitzgerald in the married man." GOP primary in which Judy mission tersely the other day: The Democratic National Com- "Privately, many Democrats McCracken Svenson and Gary 'Howard Baker, I think, asked the mittee meetings over the who like and respect Robb Skoien are also running. right question duing the days of weekend in Cleveland offered an a great deal nevertheless wish he Watergate, and it applies here insight into the party's strategy would step aside and allow an- with a little bit of a twist. What Good for the game for responding to the hammering other Democrat to step forward did the president know, and when it is getting on Whitewater. one who, given [his likely GOP Former Sen. Eugene J. did Hillary tell him?' USA Today described the game opponent Oliver] North's neg- McCarthy - poet, politician, plan: atives, would very likely hold the presidential aspirant - said on Audit: 'Clintons owe' "Dismiss it as a partisan ploy seat," Mr. Cook wrote. USA Today's op-ed page that a by Republicans to bring Clin- Will The Post decide to go into "great service could be done for An in-depth examination of ton down; attack the personal greater detail about some of the the United States and for base- President and Mrs. Clinton's fed- eral income tax returns for the ethics of Republicans leading the allegations? What is to stop the by choosing Fidel Castro as years 1980 to 1992 suggests Whitewater charge; organize former Robb staff member who baseball commissioner. women's public forums to defend has copies of these memos from Among other beneficial results underpayment of their income to the nation resulting from this taxes by $16,358, Money mag- the first lady." shopping them around to other azine said. Republican National Commit- news organizations who may not move, he said, would be U.S. As a result, the first couple tee Chairman Haley Barbour dis- share The Post's "reticence to get access to Cuban rum and cigars may have a total liability of missed the Democratic charges down and dirty?" as well as the elimination of the of partisan excess: "It's just not He concludes: "The next 30 last communist country in the $45,411 when IRS interest charges are added to the under- true, and I'm not going to abet days will be the most important Western Hemisphere. payment, Money said. them in that fraudulent defense." in Robb's political career. If he At the same time it would "give can weather this storm, he ia the game what most baseball ex- Money added they may have perts say it needs - an experi- Divided Fiske view decent shot at beating North. But commited the three mistakes if anything else happens, or if a enced dictator." common in cases of professional and financial success: As Ellen Joan Pollock reported strong Democrat enters the pri- in the Wall Street Journal yester- Though both are sophisticated mary, this campaign could Infobyte day that special counsel Robert even more colorful." lawyers, they didn't keep ade- Fiske Jr. was off to an aggressive Four of five Americans do not quate records, tended to overesti- know enough about medical con- mate certain deductions and re- start on all Whitewater fronts, lied far too much on their tax the paper's editorial page was de- Recall and hit cepts to make intelligent choices cidedly less optimistic. about their own health care, a preparer to get it right, reported In Quartzsite, Ariz., the mayor The editorial asserted that Mr. study sponsored by the National Teresa Tritch and Mary L. has been arrested on charges he Institutes of Health says. Sprouse. Fiske's probe is "beginning to tried to hire a hit man for $10,000 This week's Time quoted Hil- look less like an effort to get the to kill a political rival. lary Rodham Clinton as saying facts and more like a sophisti- Mayor Rex Byrd, 70, and body- The new ethicist cated exercise in political dam- she and the president are pre- shop owner Robert Bacon, 51, age control. In a word, like a Sen. Alfonse M. D'Amato these pared to pay back taxes if it turns were charged with conspiring to days has the role of his life: lead- out they underpaid. cover-up." murder former Mayor Richard U.S. News & World Report said This may not be Mr. Fiske's in- Oldham, who was ousted in an ing inquisitor into the aftermath the Clintons were told by their tention, the editorial said, but it is August recall election in this of the land deal that has engulfed the White House in Whitewater, personal lawyer, David E. Ken- a result of his opposition to con- town of fewer than 1,000 resi- the New York Times reported. dall, that all he finds are some gressional hearings, unwilling- dents. ness to respond to Freedom of In- Capt. Mike Denny of the state Writer Todd S. Purdum ob- tax errors and improper deduc- served that the fact the New York tions. formation Act requests and public safety department could decision to prosecute David Hale, not immediately offer a motive, Republican "himself happens to have been the repeated subject of Nostalgia who claims being pressured by but residents say Mr. Byrd and then-Gov. Clinton into making an Mr. Oldham, who remains active inquiries into his conduct in of- In Yorba Linda, Calif., there improper federally sponsored in politics, have been feuding for fice for most of the last decade was a 20 percent jump in visitors loan to a Whitewater partner. at least five years. troubles him not at all." to the Richard Nixon Library & Still, Ms. Pollock wrote, the Re- "He wears the mantle of moral Birthplace this month, the Asso- publican Mr. Fiske gets good Compiled by Alan McConagha. The Washington Timestuesday. MARCH 15. 1994 Pruden on been. that the distractions on me at this time will interfere with my service to the country and the president's agenda, and that my family, although to- Politics itally supportive, is being harmed." The spin doctoring began at once. This had noth- By Wesley Pruden ing to do with Whitewater, only "private matters." Alas, the private matters have everything to do with the Rose Law Firm, which had everything to do Some of our lawyers with Hillary's manipulation of the levers of power that the voters of Arkansas, in their curious judg- ment, assigned to her husband. The Clintons and seem to be missing their friends. in Congress and in the media, have been attempting the spin that, well, yes, maybe the White House has been trying to cover up something One dead, three down, and one on fire. The ides here, and that's not nice, but they didn't really do of March have not been kind to Bill and Hillary anything bad in Arkansas. This begs the question - Clinton and their friends. and at last nearly everybody gets it, even in Wash- One is dead, done in by someone's hand, perhaps ington - that if there was nothing bad to cover his own, and the White House is suddenly going up in Arkansas, why have Bill and Hillary risked through lawyers like an Arkansas governor goes the Clinton presidency to cover it up? The Washington Timestuesday, MARCH 15, 1994 through bimbos. Shredding, subpoenas, White House limousines at And now Hillary is on fire, threatening to set the the curb at the U.S. courthouse, and now resigna- woods ablaze. tions following resignations. The sacking of Webster Hubbell, leaving the Jus- The wicked flee, when no man pursueth. tice Department with only Janet Reno as the figure- head in charge, has all the marks of being the work of Lloyd Cutler, the presidency's new lawyer - not, as he insists, the president's lawyer. Embassy Mr. Cutler has taken considerable pains to make Row it plain that he has not put his own considerable reputation on the line for this particular president. Who can blame him? And this particular president declines to put his reputation for truth-telling, such as it may be, on the line for his wife's former law partner. As Mr. Hubbell's personal friend, Mr. Clinton said yester- T he Cuban American National funded by nongovernmental U.S. Foundation is warning sources. day, he finds it "hard to believe" that he is guilty of against the latest campaign The observers will form groups doing anything wrong. (How can children of the for easing U.S. restrictions on that will spread across the country '60s, the best generation in the history of person- Cuba, noting that pressure has in- to oversee the first presidential creased since Washington lifted kind. be guilty of anything wrong when they're so polls since a peace agreement put the U.S. embargo on Vietnam. an end to a protracted civil smart and so sincere?) Jose Cardenas, of the Washing- that has killed 75,000 Salvadorans. Mr. Clinton no doubt finds everything "hard to be- ton-based foundation, criticized Main contenders for the presi- lieve," which may be why he changes what he be- calls for the removal of the em- dency are Armando Calderon Sol, lieves as often as he changes the underwear that bargo on travel and the export of a member of the right-wing Na- Hillary takes as deductions on the family income- communications technology. tionalist Republican Alliance, and tax return. (He is the president of change, after all.) In a new position paper, Mr. Ruben Zamora of the former Cardenas argued that such posi- Marxist rebels of the Farabundo Mr. Hubbell returns the ambiguous compliment, tions are based on the "fallacious" Marti National Liberation F1 L remarking that the 20-year friendship with the Clin- assumptions "that Western travel tons "has been a never-ending source of pride and undermined communism in the former East Bloc" and that the U billionaire philanthro- sustenance." pist George Soros - "Pride and sustenance" is the way the Renais- United States blocks all communi- day said he was "in active sance Weekend big-chill boomers actually talk, but cation services with Havana. negotiations" to buy the archives The Cuban government has re- and research unit of Radio Free Mr. Hubbell and his one-time partners at the Rose jected U.S. proposals for certain Europe, but denied he planned to Law Firm ought to be grateful to the the Clintons communications improvements, buy the radio station itself. for sustenance (if not necessarily pride) if half the such as upgraded telephone sys- "Those rumors are false or tales told in Little Rock are true. tems and U.S. mail delivery, to the rather they are distorted," Mr. With Hillary's connec- island, he said. Soros said at a news conference in tions to the man who ap- "An inherent and equally dubi- Moscow, where he announced new ous assumption is that Cubans pointed the state reg- funding for Russian scientists. need to mix with Americans to "But we are in active negoti- ulatory agencies, how understand they are not free and ations to acquire the archives and could the clients of Mr. that their system does not work," the institute connected with Radio Hubbell and his partners Mr. Cardenas wrote. Free Europe," he said. lose? You might think they "The averge Cuban citizen is The radio station and the I would be grateful to pay well aware of these facts and ciated Radio Liberty, which broad- double. doesn't need to watch American cast to Eastern Europe and the So- tourists enjoying themselves at This cozy Little Rock viet Union during the Cold War, tourist resorts to figure these have suffered severe budget cuts way of doing business was points out. and are likley to lose 1,500 employ- not easily transplanted to "Unlike many of his former CO- ees. Washington, but Hillary horts in Moscow, [Fidel] Castro Mr. Soros has been called the tried, first with the White continues to adhere to policies that "philosopher-king of speculators." House travel office, then are an utter anathema to demo- U.M. Rose cratic principles," he added. His Wall Street investment the now-aborted attempt "And letting American tourists fund, the Quantum Group, e to seize the health-care industry and with it one- frolic on Cuban beaches - $1 billion in currency speculation sixth of the American economy, even the pots and beaches ruled off-limits to Cuban last year but lost $600 million in pans of the White House kitchen. Reach exceeded citizens - will do nothing to one day in February betting incor- grasp. change the nature of that regime." rectly that the dollar would appre- ciate against the Japanese yen. Mr. Hubbell has been in Washington long enough to recognize that first inkling that he was in trou- F our Democratic members of He recently joined forces with the House of Represent- ble, Janet Reno's vote of confidence, expressed last the GE Capital Corp. to invest in atives will head a group of electric power plants in develop- week. Mr. Hubbell's farewell dripped with deeply 500 American observers to mon- ing countries. felt self-regard. itor presidential elections in El Their new Global Power Invest- He could "stand and take the blows from wher- Salvador Sunday. ments will raise at least $2.5 bil- ever they came" if they affected only him, but he Reps. Dan Hamburg and Xavi- "believes too much in this country, the president, er Becerra, both from California, lion to build or operate privately Nydia Velazquez of New York and owned power plants in Mexico and the attorney general, the Justice Department, my Luis Gutierrez of Illinois are in Asia, particularly China, India wife and family. and my colleagues." (He excluded and Indonesia. scheduled to travel to the Central only the Metro, the Domino's Pizza deliveryman and American nation Friday. the new coach of the Redskins.) The trip is organized by the U.S. "After a thoughtful weekend, I believe that my Citizens Elections Observer Mis- continued service will not be as effective as it has sion to El Salvador. a coalition of 114 24 private, voluntary groups Whitewater's second casualty T hese are dangerous days to be a close lawyer of "chemistry" between him and Miss Reno. The bad friend of Hillary Rodham Clinton: Lani Guinier blood may actually have been between Mr. Heymann is licking her wounds, Vince Foster is dead, and Mr. Hubbell, who regularly acted as a sort of sur- Bernie Nussbaum is out of a job and has been sub- rogate attorney general, running the department poenaed by Robert Fiske Jr., and now Webster according to the Clintons' druthers while Miss Reno Hubbell has left the Justice Department under a looked on. cloud. The No. 3 man at Justice, Mr. Hubbell was on Miss Reno is now going to have to run the frac- the receiving end of a one-two scandal punch. He is tured Justice Department all by herself, a task few being scrutinized for his role in the Whitewater think she is up to. She has shown little interest in affair - for starters, did his work for the Federal the crucial day-to-day tasks of deciding what suits Deposit Insurance Corp., as custodian of the failed to bring and which to settle. Mr. Heymann handled Madison Guaranty Savings and Loan, constitute a most of those questions involving criminal cases conflict of interest in light of his own firm's former and Mr. Hubbell took care of the civil cases. Expect representation of Madison and in light of the fact that the Justice Department to come to a screeching his father-in-law had won a large judgment against halt. Madison that the government was appealing? And he Mr. Hubbell's fate must also bring beads of sweat is being investigated by his former partners at the to the Clintons' brows, because it was precipitated Rose Law Firm in Little Rock for overbilling. Yes- by the much-buffeted Rose Law Firm. If the wall of terday he resigned his position as associate attorney silence around Rose is compromised by more than general insisting that he would be thoroughly vin- just the couriers who were pressed into shredding dicated. service, far more about the Whitewater fiasco may Maybe. But his hasty departure makes little sense become known. The aggressive assault by Rose unless Mr. Hubbell knows he has some particular- partners on Mr. Hubbell suggests that some lawyers ly difficult rapids to negotiate. The billing question in the firm are fed up. Consider the position of young is not a niggling one: no small change here. The partners, those 35-year-olds who have slaved for money at issue may total more than $1 million. Such years as associates at Rose and expected the eleva- an embarrassing squabble would under normal cir- tion of the Clintons to mean open partner slots and, cumstances have elicited little more than Page 18 finally, the Little Rock gravy train. Turning on Mr. news, but add to it the fact that the White House is Hubbell may signal that the younger guard at Rose already taking on water, and Mr. Hubble becomes is no longer going to stand idly by while their careers a true liability. Mr. Hubbell became just so much are washed away in a scandal that has nothing to do cargo to be jettisoned by the Clintons in the storm. with them. The most immediate affect of Mr. Hubbell's res- Mr. Hubbell's bug-out is particularly revealing as ignation is at an already rudderless Justice Depart- regards the first lady. Much of her power was based ment. Attorney General Janet Reno is now all alone in her control over key appointments. Mr. Hubbell in the executive offices of the department. The depar- and Mr. Nussbaum were two such, and they are gone. ture of Mr. Hubbell follows on the heels of Philip The point is that Mrs. Clinton is unable to protect her Heymann's resignation. Mr. Heymann, who was sec- closest friends when they need her, which may be ond in command, left Justice last month citing a lack the most damaging revelation of all. Robb VS. Robb "I believe 'character' is critically important in ments from the senator. "I chose my words with an elected official. Before I take the time to care," the senator told The Post. "I previously said I learn where a candidate stands on the issues hadn't slept with anyone, hadn't had an affair." or what a candidate's philosophy is, I want to know This is the sort of casuistry that makes one cringe about a candidate's integrity - and you ought to while listening to President Clinton. (Asked whether know mine too." he had used drugs, Mr. Clinton responded that he had So writes Sen. Charles S. Robb in a letter to Demo- broken no U.S. laws.) Reporters on Mr. Robb's trail cratic Party leaders seeking their support for his re- weren't asking him for the specifics of his sexual acro- election campaign. The letter concedes that over the batics. They simply wanted to know if he was years he has engaged in behavior unfit for a married involved with someone who wasn't Mrs. Robb, man. And it acknowledges he failed to destroy an ille- regardless of the manner. And it is not a little disin- gal recording of a car phone conversation of former genuous now for the senator to claim he was telling Washington MARCH 15, 1994 Gov. L. Douglas Wilder. But the senator strongly the truth all along. denies having used drugs or even having attended So it is that in this controversy, as in other earlier parties where others used them. controversies, Mr. Robb finds himself having to The letter left a lot of people slackjawed in amaze- answer less to, say, Tai Collins, a beauty queen from ment, given that it appeared just days before he for- whom he claims to have received a back rub in the mally announced for re-election: Why bring up all this nude, or to Doug Wilder than to the public Chuck stuff again, since a lot of it is old news? A Robb Robb, whose image the senator and staff have care- spokesman says he was not just trying to put an early fully cultivated. The latter is the milk-drinking, ram- "spin" on expected news stories in The Washington rod straight ex-Marine, the one who served as Vir- Post, which apparently obtained damaging office ginia governor and the one who stood up to liberals memos from a disaffected staffer ousted in the con- in his own party and voted for Clarence Thomas. The troversy over the Wilder tape. He just wanted to resolve other, private Robb is the one can't justify his activ- any lingering questions about past controversies. ities to his own staff, much less the public. Unfortunately, what the letter really did was One memo to Mr. Robb complained that "you have remind people why they are lingering. At one point, not offered a credible explanation to the public or the rumors about the senator's conduct at Virginia Beach press as to why a man of your caliber, discipline and parties apparently were spreading so quickly that integrity was in Virginia Beach in the first place staff members quietly went down there to find out socializing with these men and women, and why you what their boss was doing. What they heard, among continued to do so after you were warned by others other things, were allegations that on numerous that there were possible problems ahead if you kept occasions he associated with drug users and people going to the beach." who had served federal prison time on drug-related If the term of President Clinton has proved any- charges. The staff also heard and ultimately con- thing so far, it is that character really does count. It cluded that he had been having sexual relations, is going to count in Mr. Robb's re-election cam- including oral sex, with women half his age. paign, and it is going to count in Oliver North's cam- Such particulars are interesting primarily because paign for the Republican nomination against Jim they don't seem to square with earlier public state- Miller. Mr. Robb is finding that out the hard way. 115 bc-hubbell times - a1739 (ATTN: National editors) (Includes optional trims) No. 3 Justice Dept. Official, Close Clinton Friend Resigns (Washn) By John M. Broder and Ronald J. Ostrow= (c) 1994, Los Angeles Times= WASHINGTON Webster L. Hubbell, the third-ranking Justice Department official and a close friend of President Clinton and Hillary Rodham Clinton, resigned Monday amid allegations that he cost his former Little Rock law firm as much as $1 million in unbilled time and improper expenses. Hubbell said in a statement that an investigation into his billing practices by his former partners at Little Rock's Rose Law Firm had become a burdensome distraction and that he did not want to do further damage to the administration by remaining in office. The departure of Hubbell left a hole at the Justice Department, which has not yet filled the spot vacated by the departure last month of the department's second-ranking official, deputy Attorney General Philip B. Heymann, who quit in a personality clash with Hubbell and Attorney General Janet Reno. The Hubbell resignation also intensified the growing cost to the Clintons of the Whitewater banking and real estate affair. His departure also leaves an impression of an administration in disarray. It could not have come at a worse time for him and for the administration, said a senior White House adviser. Hubbell described the matters under dispute with his former firm as private issues'' relating to compensation and reimbursement'' that have nothing to do with the Whitewater affair or the president and first lady. I am confident that at the conclusion of these discussions all outstanding matters will be resolved satisfactorily, Hubbell said. The Rose firm internal investigation came to a very acute head'' over the past several days, according to knowledgeable sources. Hubbell's former partners confronted him with how much money they believed he owed them and said they could not settle the matter amicably, the sources said. Hubbell decided Sunday to resign, knowing that the dispute with Rose would spill over in the public arena, embarrass the Clintons and limit his effectiveness at Justice, a senior White House official said. He did the honorable thing, the aide said. He didn't want to ensnare the president and the first lady. Numerous calls to attorneys at the Rose firm went unanswered Monday. The firm's outside counsel, Walter B. Stuart of the Houston firm Vinson & Elkins, did not return calls seeking comment. Hubbell, Mrs. Clinton and the late deputy White House counsel Vincent We Foster Jr., who committed suicide last July, all were senior partners and close friends at the Rose firm before coming to Washington with the inauguration of Clinton. Hubbell thus became the second casualty tainted by the roiling Whitewater controversy in the past 10 days, following the resignation of White House counsel Bernard Nussbaum on March 5, who quit after disclosures that he had met with federal regulators looking into the Clintons' role in the Whitewater case. Nussbaum, too, was a close friend of the first lady's, having worked with her 20 years ago on the House Judiciary Committee considering the impeachment of former President Nixon. In his letter of resignation to the president, Hubbell wrote that dealing with public speculation about me and my former law firm'' would consume increasing amounts of his time and would limit his effectiveness in office. Arriving in Boston for a political appearance, Clinton told reporters that Hubbell made the right decision. And while he praised Hubbell as a good personal friend'' and a lawyer who is widely esteemed'' by those who know him, Clinton left himself considerable distance in case the facts prove otherwise. I haven't talked to him since this whole issue came up, Clinton said. He he repeated several times that he had no knowledge of the facts. (20 Hubbell strongly feels that he will be vindicated but it will take some time for him to do it and that he shouldn't be working at a public job while he's doing that,'' Clinton said. I think he's right. (Optional add end) The Rose firm has been investigating Hubbell's billing practices since last year, when it discovered what it considered discrepancies in the hourly billings and expense accounts of the former senior partner. The internal review heated up last month when the monetary scale of the dispute became clear and when Whitewater Special Counsel Robert B. Fiske Jr. announced that he would investigate a broad range of activities at the Rose firm when Hubbell, Foster and Mrs. Clinton were essentially in charge. The matters under scrutiny internally at Rose involved the business interests of Hubbell's father-in-law and brother-in-law, Seth Ward Sr. and Seth Ward Jr., as well as Hubbell's work for federal bank regulatory agencies, the Federal Deposit Insurance Corp. and the Resolution Trust Corp. The firm is trying to determine whether Hubbell properly accounted for personal expenses paid out of firm funds and whether there was any impropriety involved in litigation costs borne by the firm in matters Hubbell handled. Hubbell took on an unsuccessful copyright infringement suit that a parking meter manufacturing company the Wards owned filed against a competitor, according to White House and Justice Department sources. Hubbell assumed the case on a contingency basis, an unusual arrangement for large corporate law firm, meaning that if he lost the case his firm would bear the expenses of the litigation. Hubbell lost the case but didn't disclose the contingency fee deal to his partners until after he joined the administration, the sources said. As a result, Rose will receive none of the $500,000 in hourly billings amassed during the litigation. What's more, the firm was stuck with as much as $500,000 in additional costs related to the case. **** filed by:LAWP(--) on 03/15/94 at 02:11EST **** **** printed by:WHPR(162) on 03/15/94 at 03:51EST **** 121 bc-whitewater times - a1743 (ATTN: National editors) (Includes optional trims) Susan McDougal Offers Little New on Whitewater (Little Rock) By William c. Rempel= (c) 1994, Los Angeles Times= LITTLE ROCK, Ark. Susan McDougal, the former real estate partner of Bill and Hillary Rodham Clinton, broke the long silence that has made her the mystery woman of Whitewater, but in a sometimes emotional press conference here Monday she shed little light on that mystery. Refusing to answer questions about the critical transactions that have plunged the White House into controversy, McDougal instead declared her innocence and accused the Republicans of persecuting her and her former husband, Madison Guaranty Savings & Loan executive James B. McDougal. I know that Jim McDougal did not ever knowingly violate any laws and neither have I," she said, her voice quivering at times as she read a brief statement from handwritten notes. Left unanswered, despite repeated questions from reporters, was whether Bill Clinton, while he was governor of Arkansas, played a role helping her obtain a $300,000 loan in 1986 from the Small Business Administration-backed investment fund of former judge David Hale. Hale, who goes to trial on federal fraud charges later this month, says he made the loan, intended for minority and disadvantaged borrowers, at the specific request of the governor. James McDougal and the White House have denied Clinton this. Also unanswered was why she borrowed the money and what she did with it. James McDougal has acknowledged spending about $110,000 of the Hale loan to purchase land in the name of the Whitewater Corporation, the Clinton-McDougal partnership that in 1978 bought 230 acres of raw land on the White Riversto develop an Ozark Mountain resort. In 1989, three years after the McDougals were forced out of the S&L by federal regulators, James McDougal and two of Susan McDougal's brothers were indicted on multiple counts of federal fraud violations. All three were acquitted after a brief trial. (Optional Add End) On Monday she said the jury verdict should have ended the controversy but that Clinton's election had renewed it. Her attorney, Bobby McDaniel, said that the McDougals' Whitewater records were all delivered to the governor's mansion in a box at some time in 1991, before or possibly around the time that Clinton declared his candidacy for president. The attorney said that Bill Clinton personally requested the records and that Susan McDougal had one of her brothers deliver the box to the Clinton residence. She expected to get them back in a relatively short period of time,'' McDaniel said, but Susan and James McDougal say they have not seen those documents since. **** filed by:LAWP(--) on 03/15/94 at 02:12EST **** **** printed by:WHPR(162) on 03/15/94 at 03:51EST **** (23 Next, Hillary Clinton is right to charge that partisanship is at work here. She blames it on Republicans and others who have political or financial reasons for opposing her husband's programs, but here she is off the mark. The passionate rage with which the opposition party and its writers pursue the Clintons comes from of 20 years of being told by Democrats that Republicans and people who like the private sector are slimeballs. In the years after Watergate, many of the Clintons' comrades, who in their own lives were not known as notable sticklers for the rules, used the issue of ethics as a tool against Republicans and conservatives. The ethics enthusiasts encouraged journalists in the habit of thinking of scandal as the center of political news. Now the news media is hooked, with an addict's craving for scandal politics. Republicans have come into possession of a satisfying fix. To ask them now to stop in their tracks, assume the mantle of statesmen, and proclaim this an occasion for both parties to kick the scandal habit is useless and perhaps even counterproductive: The current scandal-mongering will probably not stop until both parties have had their noses rubbed in it. Yet perhaps the strongest subterranean stream feeding this scandal is ambivalence about the first lady. This resentment is somewhat unexpected. Hillary Clinton is admired by many for embodying the idea of the new, more assertive woman who shares in her husband's career without sacrificing her own individual work, interests and open access to political power. Some people doubtless hate her for precisely this reason: She is a woman exercising unprecedented female political authority. Others probably dislike her certitude men because they think it pushy, women because it refuses to acknowledge the tensions and ambivalence of their own lives as workers, wives and mothers. Most important, Hillary Clinton has run afoul of the deep American animus toward nepotism. We hate the practice because it announces that power will be distributed not according to rules by which all can compete but within unbreachable walls of blood and kinship. Also, it enables some people in power to escape the normal channels of accountability. Mrs. Clinton has so far not been forced to give direct answers to questions about Whitewater. Each public appearance she makes, answering only what she chooses to answer, delivers the reminder that some politicians under scandal fire are more equal than others. Whitewater shows us a scandal machine, built of multiple rules and the large-scale urge to exploit them, that is expert in magnifying public figures' sins. It also shows us that some of the designers of this machine did not take it seriously either as a threat or as a guide to their own conduct. The scandal displays a generation, finally come to power in the White House, seemingly incapable of the self-discipline necessary to build an organization that might present a reasoned response to a crisis like Whitewater. Finally, it reveals a first lady who does not understand that she must sometimes be governed by the rules and attitudes that constrain more ordinary politicians. We have seen the 1960s all grown up, and the sight makes a depressing prediction about the course of the Whitewater scandal and the future of the Clinton administration from here on in. **** filed by:LAWP(--) on 03/15/94 at 02:29EST **** **** printed by:WHPR(162) on 03/15/94 at 03:55EST **** 138 bc-whitewater-comment - a0929 (ATTN: Editorial Page editors) The Damage of Damage Control Garment is a resident scholar at the American Enterprise Institute. She is the author of Scandal: The Culture of Mistrust in American Politics'' (Times Books). By Suzanne Garment= Special to the Los Angeles Times= Around Washington last week, political types have two major reactions to the continuing Whitewater uproar. Some people express highly vocal astonishment at how the still-unknown, probably-not-so-big Whitewater offenses have acquired all the trappings of a major scandal. Other folks are just tickled at the Clintons' troubles and opine righteously about the first couple's arrogance of power. Neither school seems to see that a big part of Whitewater's fascination is its role as a mirror to the entire bitter politics of the past 25 years. Clinton defenders are surely right about one thing: The underlying offenses now laid at the door of the Clintons, especially of Hillary Rodham Clinton, are sins often committed in state politics with only minor comment. Money may have moved illegally between Bill Clinton's Arkansas campaign funds and the Whitewater Development Corp. but so far we've heard no evidence that the Clintons knowingly violated the law. It may also be that indebtedness to Clinton swayed an Arkansas banking regulator's decision about whether to sanction the practices of Madison Guaranty Savings and Loan, but such crimes are notoriously hard to prove. True, it was not just these allegations that made Whitewater fester and spread. There was also what is now known as the cover-up. The Clinton administration has behaved almost inexplicably in reacting to this scandal. Recently ousted White House Counsel Bernard W. Nussbaum and Hillary Rodham Clinton both worked for the House Judiciary Committee during Watergate in a successful attempt to bring down President Nixon. In other words, they helped create the climate of pervasive political mistrust without which Whitewater, at least in its current bloated form, could not happen. No wonder people are asking how these same two people could be so blind to the moral and practical dangers of stonewalling? But the puzzle is broader than that. In the time since Watergate, we have seen scandal after scandal follow the same pattern: exposure of wrongdoing, cover-up, exposure of cover-up, conflagration. In other words, we have had 20 years of training in the difference between successful and self-destructive damage control. Where were the Clintonites while all this was going on? Yet the facts are unmistakable: In the wake of Vincent W. Foster Jr. suicide, some of the Clintons' papers were removed from his office and sent to their outside personal lawyer rather than remaining available to federal investigators. The first couple strenuously resisted giving the Justice Department documents in their control. Other documents were shredded by Hillary Clinton's old law firm. White House aides met with regulators to discuss an investigation in which the Clintons were involved. So what is going on here? Well, one factor at work is that the Clinton White House has been operating with an insufficient amount of adult supervision. The tales of White House staff behavior are numerous and consistent: Meetings called on the spur of the moment. Often anyone can walk into a meeting and ask a question. Whenever crisis strikes, everyone drops what he or she is doing and races in that direction. As one administration official described, They're like little kids just learning soccer. They don't know how to play their positions: When the ball moves, the whole team just follows it.'' From time to time an outsider, like David R. Gergen or Lloyd N. Cutler, is brought in as savior and legitimator. But the White House insiders resist acculturation. Thus it is no surprise that some of the Whitewater mess is due, just as administration spokesmen have said, to dumb mistakes. 137 From Boston Globe Page 1 Clinton aide quits in rift with firm in Arkansas No. 3 official at Justice Dept. denies any Whitewater link By Ana Puga said Hubbell made the decision to resign on his own. GLOBE STAFF "This is not something the White House asked him to do," she said. WASHINGTON - Associate Attorney General Attorney General Janet Reno's voice shook as Webster L. Hubbell resigned suddenly yesterday, she briefly appeared before reporters yesterday adding to the turmoil in the Clinton administration, afternoon to announce Hubbell's departure. Aides amid reports of a deepening dispute between said the decision had come as a shock to her. Hubbell and his former Little Rock law partners "There are no words capable of fully conveying to over past billing practices. you my deep respect and admiration for Web The dispute with the Rose Law Firm appeared to Hubbell or how sad this event makes me," Reno said. be only tangentially related to the Whitewater Besides adding to Whitewater-related controversy plaguing both the administration and speculation, Hubbell's departure creates a larger the firm. But an aide to Hubbell said the longtime vacuum at the top of the Justice Department. The Clinton adviser had decided on his own last weekend No. 2 slot has been empty since last month, when that he needed to focus full time on clearing himself Deputy Attorney General Philip B. Heymann of allegations that he had cost his former law firm resigned, citing management-style differences with more than $1 million in unbilled time and that he had Reno. Heymann's designated replacement, Pentagon not properly accounted for his expenses. counsel Jamie Gorelick, has not yet been approved In resigning, Hubbell said his effectiveness as by the Senate. the Justice Department's No. 3 official was being Reno said she has not yet decided who will compromised. adding in a statement, "It is with deep replace Hubbell and does not know when his regret that I have seen private issues between me resignation will become effective. A longtime Clinton and my family and my former law fi:m elevated to adviser, Hubbell had served as the main link public speculation." between the Justice Department and the president. Hubbell's resignation followed within 10 days but Reno denied that his departure would affect that of White House counsel Bernal d Nussbaum, a Justice-White House communications. central figure in accusations that administration Hubbell's responsibilities also included civil officials had met improperly with federal regulators rights, antitust and immigration policy. during their investigation of the Whitewater land According to a Wall Street Journal article deal. yesterday, partners in the Rose firm are questioning The two resignations have contributed to an Hubbell's decision to represent his brother-in-iaw, atmosphere of disorder and instability, damaging Seth Ward, on a contingency-fee basis. Because Clinton's attempts to carry on with his legislative Hubbell lost the case, Rose could not charge for agenda. Clinton, in Detroit yesterday for a jobs $500,000 in time spent on the matter. conference among industrialized nations, ignored In his statement, Hubbell insisted that the questions about Hubbell, but later said in Boston dispute with his former employer is unrelated to the that the decision to step down was "the right thing to Whitewater case, in which the Rose Law Firm do." played a role, and unrelated to the question of Clinton said he did not believe his old ally had whether the Clintons had improperly used their done anything wrong. "Based on my knowledge of influence in the matter. him. I find that hard to believe. We just have to Hubbell said it was "unfortunate that private give him a chance to go home and deal with this and issues between me and my firm have been cast. by see what happens." Clinton said. some, as being part of a broad political net called Dee Dee Myers, the White House spokeswoman, Whitewater These private issues have nothing to 1 do with Whitewater," be said. Hubbell's spending broke this month, Reno But questions have been raised as to whether the suggested the matter was a minor query on some Rose Law Firm behaved properly in representing past expenses. She insisted that Hubbell had done first Madison Guaranty Savings and Loan and then nothing wrong. Reno yesterday conceded she did not the Resolution Trust Corp., after it took over the know the details. but continued to defend him. failed thrift. Robert Fiske, the Whitewater special "I don't believe he did a thing wrong, and I think counsel, has subpoensed documents relating to the ultimately that that will be clear to everyone," she cases. said. Although Hubbell said Whitewater was a Later she added, "I don't have any knowledge of separate matter, Justice Department sources said the facts. I base it on my judgment of his character:" privately that the associate attorney general felt pressured by the bue and cry surrounding that case. When news of the Rose tirm's investigation into (43 BC-CLINTON-NORMALCY (SCHEDULED) CLINTON SEEKS NORMALCY BUT TROUBLES STALK HIM By Susan Cornwell BOSTON, March 15 (Reuter) - It was supposed to be the day the Clinton White House got back on track, but it was interrupted by something like a train wreck as the administration was hit by the resignation of another top official under a cloud. President Clinton's Monday began in Detroit with Clinton speaking about a favourite subject, the reviving U.S. economy. By late afternoon a saddened president was in Boston trying to explain his latest personnel problem and minimise the damage to his administration. An old friend of Clinton's from Arkansas, Associate Attorney General Webster Hubbell, unexpectedly resigned. The resignation came amid questions about billing practices at the Rose Law Firm in Little Rock, Arkansas, where he was an associate of first lady Hillary Rodham Clinton. It was another setback to an administration already staggering from the Whitewater affair and trying to refocus attention on policy. As I said, I have no knowledge of this, Clinton told reporters in Boston who asked about possible harm to his administration. ``This is, to me, more of a personal deal for Webb Hubbell. But White House officials were clearly crestfallen that the week during which they hoped to get attention back on domestic issues had started so badly. The president launched a three-day trip Sunday that was supposed to concentrate on the economy, including a speech at the international jobs conference in Detroit, and to get away from Washington and two weeks of unseemly Whitewater headlines. `Whitewater'' takes its name from the Whitewater Development Corp, a now defunct Arkansas real estate venture in which then-Arkansas Governor Clinton and his wife invested. A special counsel is investigating Whitewater's ties to the failed Madison Guaranty savings and loan in the 1980s. The scandal exploded in Washington this month with word that 10 administration officials had been subpoenaed to testify about several meetings between White House and Treasury Department staff concerning a federal probe into the Whitewater affair. The Republicans cried `coverup'' and on March 5, White House counsel Bernard Nussbaum was forced to resign after admitting he took part in the meetings on the investigation with Treasury aides. His was the latest in a string of high-profile departures from the administration that were unrelated to Whitewater, including Les Aspin, Clinton's first defence secretary, and Deputy Attorney General Philip Heymann, who quit over a personality clash with Attorney General Janet Reno. There has been a barrage of bad press lately, White House spokeswoman Dee Dee Myers acknowledged to reporters Monday morning in Detroit, just before Clinton addressed the labour and finance ministers of the leading industrial nations on a global approach to growth. We'll do everything we can to get attention back on the things that matter, Myers said. But when Hubbell's resignation burst into the headlines in the afternoon, it bumped Clinton's remarks about global growth and jobs right out of the spotlight. Television newscasts Monday evening focused on the president's problems again, including rehashes of the Whitewater scandal, even though the administration asserted there was no link between the affair and Hubbell's decision to step down. Hubbell's name, however, has been linked to Whitewater. His father-in-law is said to have borrowed money from Madison and was an executive of a Madison real estate subsidiary. There had also been questions on whether the Rose Law Firm where Hubbell worked had misled the government about previous work done for the failed Madison thrift. In November, Hubbell removed himself from any involvement in Whitewater matters. As Clinton sought to distance himself from Hubbell's resignation Monday, a senior White House official admitted, ``We can't always control the timing of these things. If the president had any bad feelings about Hubbell's resignation, ``he didn't express them, the official said. But by Monday evening the president was sounding defensive, charging that Republicans opposed to his policies were `committed to the politics of personal destruction.' ``I never did them (the Republicans) the way they are doing us today in Washington D.C., he told a Democratic fundraiser in Boston. ``It is wrong, and it is not good for the United States of America. REUTER **** filed by:RB--(--) on 03/15/94 at 03:22EST **** **** printed by: WHPR (JEL) on 03/15/94 at 08:24EST **** bc-hubbell-career - a1933 (ndy) (ATTN: National editors) (Includes optional trims) A Tangled Web of Questions About Hubbell (Little Rock) By John Riley= (c) 1994, Newsday= LITTLE ROCK, Ark. Associate Attorney General Webster Hubbell is President Clinton's golfing buddy. He was Hillary Rodham Clinton's former law partner at the Rose Law Firm, and her partner in an investment group as well. And as the Justice Department's third-ranking official, he was a trusted loyalist at one of the most sensitive agencies in the federal bureaucracy. But despite his ties to the first family, by the time of his resignation Monday Hubbell had also become a potentially serious political liability his billing practices for government and other clients under scrutiny at Rose, and his sensitivity to possible conflicts of interest under investigation by two federal banking agencies. From the time of his confirmation hearings in 1992, controversy has surrounded Hubbell, an affable former football lineman at the University of Arkansas and former Little Rock mayor known here more for his connections and his ability to bring in clients than for his lawyering skills. A corporate lawyer, he listed some of Arkansas' most powerful companies Stephens Inc., Worthen Bank, Wal-Mart and Tyson Foods among his major clients, along with several out-of-state Fortune 500 companies and two federal banking agencies, the Resolution Trust Corp. and the Federal Deposit Insurance Corp. He made more than $300,000 his last year at the firm. To get confirmed, he had to agree to resign from an all-white country club, where Clinton had also golfed, to counter complaints about his racial sensitivity. And he also denied accusations from a local stockbroker that some of his personal stock purchases appeared to rely on unusually astute inside knowledge about the affairs of one of his corporate clients. Hubbell became embroiled in the sprawling Whitewater controversy last year, following disclosures that he had been the lead lawyer at Rose representing the FDIC and Resolution Trust in a 1989 suit against the former accountants of Madison Guaranty Savings and Loan, after the agencies took over the failed thrift. The $10 million suit was eventually settled for $1 million, and Rose received $400,000 in fees. The problem: There was, and is, no written evidence that Hubbell advised the two agencies of Rose's previous links to Madison. First, Madison, which cost taxpayers more than $47 million when it failed, had been owned by James McDougal. McDougal was a partner of the Clintons in the Whitewater land development scheme. McDougal had put Hillary Clinton on a $2,000-a-month retainer in the mid-1980s to try to convince a state securities commissioner appointed by then-Gov. Bill Clinton to approve an unusual financing scheme and she had relied on reports by the very accountants Rose sued in 1989. That, ethics experts say, raised questions about whether Hubbell could aggressively pursue allegations of faulty audits against the accountants without risking embarrassment to his own law firm. Among other problems, Rose itself might be subject to a suit by the FDIC or RTC if evidence surfaced that it knew in the mid-'80s that the accountants had painted a too-rosy picture of Madison. Second, Hubbell's father-in-law, Seth Ward, the former owner of a major Arkansas parking-meter manufacturer called P.O.M. Inc., had been involved in some of the real estate deals at Madison that federal banking regulators were questioning. In fact, he was suing Madison and the agencies for real estate commissions that he claimed were owed. Hubbell and Hillary Clinton were representing P.O.M., owned by his brother-in-law Seth Ward II at the time. And, while Hubbell promised regulators who raised questions not to represent relatives in disputes with Madison, court records showed that he later called Ward's lawyers to give them a piece of helpful information (gleaned from a newspaper) in the suit against the agencies. That, according to ethics experts, raised questions about his loyalty to his own client. Last month, with the FDIC and Resolution Trust still studying possible sanctions against Rose for those conflicts, Hubbell came under fire again with reports that his former firm was investigating his billing practices, and was considering reporting him to the Arkansas bar association. (Optional add end) Among other problems, Hubbell apparently had handled a patent infringement case for P.O.M. under an unusual fee agreement that required Rose rather than the client to pay a reported $500,000 in fees to expert witnesses. That, sources said, didn't set well with the partners left behind in Little Rock after Hubbell went to Washington. Rose also raised questions about possible overbilling by Hubbell, including charging personal expenses to client accounts and billing for the work of others. Although the billing issues were primarily focused on Hubbell, they had potential ramifications for the Clinton administration as well. According to some reports, the Rose investigation of his billing practices began in 1992, raising questions about whether Hillary Clinton and former Rose managing partner William Kennedy, now deputy White House counsel, knew about it and failed to report it to Congress and the FBI when Hubbell was being confirmed. Distributed by the Los Angeles Times-Washington Post News Service= **** filed by: LAWP (--) on 03/15/94 at 02:58EST **** **** printed by: WHPR (JEL) on 03/15/94 at 08:24EST **** BC-USA-HUBBELL (SCHEDULED) WHITE HOUSE STRESSES HUBBELL WASN'T FORCED OUT By Irwin Arieff WASHINGTON, March 15 (Reuter) - The White House is stressing that Associate Attorney General Webster Hubbell acted on his own when he resigned his Justice Department post in a move that both Hubbell and the White House agree has no connection to the Whitewater affair. This is, to me, more of a personal deal for Webb Hubbell, President Clinton told reporters Monday when asked whether Hubbell's decision was a setback for his administration as it sought to dig itself out from Whitewater. ``I'm just hoping that it works out for him and I think he made the right decision, Clinton said, stating that he had not been involved in Hubbell's decision. Hubbell said he had to resign to deal with an ugly billing dispute with his former law partners at the Rose Law Firm in Little Rock, Arkansas. In his resignation letter, he said he could no longer be effective as the Justice Department's third-ranking official because of the time he had to spend dealing with questions about his billing and expenses at the Arkansas firm. But the timing could not have been worse for the Clinton administration, which has been struggling to shift the national focus back to policy and away from Whitewater. ``It is unfortunate that private issues between me and my firm have been cast, by some, as being part of the broad political net called Whitewater, Hubbell said in a statement issued along with his resignation letter. Hubbell had been a partner of first lady Hillary Rodham Clinton at the law firm, and he has been a longtime friend and golfing companion of the president. His resignation marked the third recent departure of a senior administration official. The others were: -- White House counsel Bernard Nussbaum -- also a close friend of the first lady -- who was forced to resign earlier this month after admitting he met with Treasury Department officials concerning a federal probe into Whitewater. Deputy Attorney General Philip Heymann, who quit due to a personality clash with Attorney General Janet Reno. In Little Rock, 15 partners of the Rose firm met privately into the evening hours to discuss the Hubbell matter. Afterward, the partners left the firm offices without responding to reporters' questions on whether they would seek disciplinary action against him from state legal authorities. Hubbell said he was `confident'' that his dispute with his law firm will be resolved satisfactorily'' and left open the possibility of returning later to government service. This is not something the White House asked him to do, White House spokeswoman Dee Dee Myers said, referring to Hubbell's decision to resign. Clinton had not spoken with Hubbell from the time his troubles with the Rose Law Firm came to light two weeks ago until after his decision to resign was announced Monday, a senior administration official insisted. Asked if he was aware of any Hubbell wrongdoing involving the Rose firm, Clinton said, I have no knowledge of the facts. Based on my knowledge of him, I find that hard to believe. Speaking with reporters on a trip to Boston, a sad-looking Clinton predicted Hubbell would be vindicated but added, ``I think he did the right thing. Though Hubbell's private dispute with his old law firm was unrelated to Whitewater, his name has figured in the affair. His father-in-law had borrowed hundreds of thousands of dollars from Madison and was an executive of a Madison real estate subsidiary. Hubbell in November removed himself from any involvement in Whitewater matters after questions were raised about a possible Rose Law Firm conflict of interest in work it performed for the government and for the failed Madison bank. REUTER **** filed by: RB-- (--) on 03/15/94 at 03:25EST **** **** printed by:WHPR (JEL) on 03/15/94 at 08:23EST ****