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A L S O+T O D A Y
Nothing has changed Starr on the stand Dear Ken Starr speaks A dozen questions Congress should ask Kenneth Starr T A B L E+T A L K
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Starr Wars The Democrats strike back - - - - - - - - - - - - - - - - - - - - - - - - BY JOAN WALSH | Under oath, in the glare of the camera lights, facing down his inquisitors, independent counsel Kenneth Starr sounded a lot like President Clinton before Starr's grand jury -- forgetful and evasive -- as he testified before the House Judiciary Committee for more than a dozen hours on Thursday. As the questioning by Democratic committee members grew tougher -- moving into the touchy areas of Starr's leaks to reporters, contacts with Paula Jones' lawyers and relationship with Linda Tripp -- the independent counsel increasingly deflected questions by professing, "I can't recall," "to the best of my recollection" and "I'd have to check the record." Arguably the most charged moment in the hearing came late in the day, when Rep. Zoe Lofgren asked Starr if he had been told in November 1997 about the existence of tape recordings "on which a woman claimed to have had sexual contact with President Clinton." Starr, who claims he learned about Tripp's tapes of Monica Lewinsky in January 1998, seemed flummoxed. "I am not recalling that; the specificity of your question suggests that there may be information and I'm happy to respond to information," Starr began. "Is there any possibility that the answer is yes?" Lofgren responded. "I have no recollection of it, but I am happy to search my recollection. This is the first time anyone has asked me such a question," Starr said. But Committee Chairman Henry Hyde cut off Lofgren's questioning -- she had reached her allotted five minutes -- before the independent counsel could respond. Starr controlled the hearing for its first six hours, reading from the 58-page testimony that had been leaked the night before, which he said made the case that Clinton had abused his office and obstructed justice in trying to keep his affair with Lewinsky a secret. He defended his aggressive questioning of Lewinsky in January, keeping her for almost 13 hours at the Ritz-Carlton, by describing her as "a felon in the middle of committing another felony." But House Counsel Abbe Lowell drew some blood with an argument that would be reprised by other Democrats all day. Its essence was: Kenneth Starr, you are no Leon Jaworski. Lowell quoted the renowned Watergate prosecutor to open his questioning, on the lessons of his investigation into Richard Nixon's wrongdoing: "The central key to the entire success was not accusing anyone," Jaworski wrote. "What we did is simply carried forward what the facts were, passed them on, not making an effort to interpret them, not making any sort of an effort to construe or to say what we thought it showed and let it be completely nonaccusative." Lowell then tore into Starr and his impeachment referral, which he dubbed "the referral with an attitude," questioning Starr's use of inflammatory terms like "premeditated"; "concocted false alibis"; "deceived"; "pattern of obstruction"; "lying under oath"; "perjury" to describe President Clinton's actions -- "words you will never find in the report of Leon Jaworski when he was reporting the same kind of evidence to the Congress 24 years ago," Lowell told Starr. Later that day, Lowell's complaint was backed by a surprising ally, Starr ethics advisor and former Senate Watergate Committee chief counsel Sam Dash, who resigned from Starr's office to protest his testimony. "You have violated your obligations under the independent counsel statute and have unlawfully intruded on the power of impeachment," Dash said in a letter to Starr obtained by The Associated Press. Lowell and Democrats grilled Starr on his and his law firm's connections with Jones' lawyers; when and how he learned about Tripp and her tapes; his office's leaks to the media; his treatment of Lewinsky and most of the dozen key questions about his investigation laid out by Salon on Tuesday. Starr's testimony confirmed what critics alleged when his sex-filled report was sent to Congress in September: There will be no impeachment referral in the Whitewater matter, the topic that inspired the $40 million-plus investigation. Starr revealed he had prepared a Whitewater-based impeachment referral in 1997 but dropped it because of insufficient evidence. Salon has learned that Starr considered sending an impeachment referral regarding Whitewater as late as spring 1998, but put it on hold pending the completion of a federal investigation into payments to key witness David Hale by Clinton-hating conservative political activists, first reported by Salon last March. Starr faced no questions about his relationship to Hale, but he was grilled about many of the other alleged improprieties of his investigation:
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