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A Sorry Performance Indictment: A Middle Ground
The advantages of this course would be threefold. It would sidestep the
constitutional issue of trial and punishment. It would also make it
harder for the White House to make the report part of its
Starr-v.-Clinton narrative: the indictment would be the grand jury's
handiwork. And an indictment would save taxpayers from having to pick up
Clinton's legal fees, as the independent-counsel statute would otherwise
require.
If the grand jury voted for an indictment, indeed, Starr would have an
obligation to include that fact in any report to Congress as evidence
that the President has committed impeachable offenses. (If the grand
jury votes against one, Congress and the public should know that too.)
Perhaps Sen. John Ashcroft's (R., Mo.) upcoming hearings on impeachment
could shed more light on this possibility.
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