Starr had requested the Supreme Court to intervene to force White House Deputy Counsel Bruce Lindsey and three Secret Service employees to testify before the grand jury investigating the Monica Lewinsky matter.
District Court Judge Norma Holloway Johnson
The Supreme Court today issued a two paragraph order denying certiorari which reads as follows:
97-1924 UNITED STATES V. CLINTON, PRESIDENT OF THE UNITED STATES
The motion of Independent Counsel for leave to file an unredacted petition and appendix under seal is granted. The motion for an expedited response to the petition and for an expedited briefing and argument schedule is denied. The motion by the Solicitor General, on behalf of the United States acting through the Attorney General, for access to sealed portions of the record is denied. The petition for a writ of certiorari before judgment is denied without prejudice. It is assumed that the Court of Appeals will proceed expeditiously to decide this case.
97-1942 UNITED STATES V. RUBIN, SECRETARY OF TREASURY, ET AL.
The motion of Independent Counsel for leave to file an unredacted petition and appendix under seal is granted. Leave is granted the Solicitor General to file an unredacted response under seal to the petition. The motion for an expedited response and for an expedited briefing and argument schedule is denied. The petition for a writ of certiorari before judgment is denied without prejudice. It is assumed that the Court of Appeals will proceed expeditiously to decide this case.
Kenneth Starr issued the following statement in response today:
"In light of the Supreme Court's determination today, we will proceed to litigate these issues as quickly as the Court of Appeals' schedule will permit. This Office will continue to take every reasonable and practicable step to bring out the relevant facts as promptly as possible, so this investigation can be concluded in a thorough and expeditious manner."
White House spokesman Mike McCurry in a press briefing today said that President Clinton was pleased with the Supreme Court's ruling.
McCurry told reporters that Clinton "understood the importance of the legal arguments put forward on attorney-client privilege by White House counsel and obviously agreed with that and shares Mr. [Charles F.C.] Ruff's assessment which you have now that the court acted appropriately."
I predict that ultimately Ken Starr will lose big in the United States Court of Appeals, where the case now rests. The narrow issue before that court concerns Starr's efforts to compel three Secret Service agents to testify concerning the private sex life of the President. Obviously, those Secret Service agents cannot testify. If they could be compelled to testify on such matters before any random person who might chose to bring a lawsuit related to the president, then no president would be willing to accept the protection of the Secret Service, knowing that everything he says or does in their presence could be found out by anybody.
Further, I believe that the Court of Appeals will rule that there in no authority for the Grand Jury investigation by Ken Starr at all. The claim advanced by Ken Starr, that the question of whether President Clinton did or did not have sexual relations with Monica Lewinsky proves whether he is fit or unfit to serve as president is so ridiculous and preposterous that no reasonable person will accept the same.
It is clear that what Ken Starr is really trying to do is destroy the presidency by any means possible. The US Court of Appeals, even in handling an appeal of limited scope, has broad jurisdiction to decide the entire case, and I believe that it will and should decide to end Starr's grand jury investigation altogether.