Rehnquist's decision opens door for agent's testimony

By Darren Friedel, On-line Forty-Niner

July 23,1998

On Thursday, June 16, the Clinton administration asked Chief Justice William Rehnquist to intervene and stop Secret Service personnel to testify from testifying before a federal grand jury.

The administration's ploy did not work.

On Friday, June 17, Rehnquist upheld an appellate court decision allowing, for the first time, Secret Service personnel to testify in a criminal investigation concerning the actions of a president they were protecting.

The administration had not shown that "irreparable harm" would result, Rehnquist said.

If the president, who has denied in sworn statements to having a sexual relationship with Monica Lewinsky, has not lied under oath or encouraged others to do so, the Secret Service testimony can only help him.

Trying to block the Secret Service agent's testimony is a foolish move that makes the president appear as if he has something to hide. Clinton's private attorneys and White House Spokesman Mike McCurry attacked the subpoenas as a potential violation of attorney-client privilege and a breach of confidentiality expected of agents.

However, agents that were present, by law, during privileged conversations between the president and his lawyers can object to questions that reveal information from a sensitive discussion, said Paul Rothstein, a Georgetown University law professor in a Los Angeles Times interview.

Also, agents, ordered by the White House, are not allowed to divulge any information that threatens national security. Agents will also be allowed to consult their lawyer, who will be outside the courtroom.

Independent Counsel Kenneth Starr's investigation is getting very old and tired. He does seem to be subpoenaing everyone that comes into contact with Clinton, but if the testimony does not violate attorney-client privilege it should be allowed.

It is also hard to believe testimony concerning whether or not Clinton and Lewinsky had sexual affairs will actually threaten national security.

The Justice Department also tried blocking the agent's testimony, claiming future presidents would distance themselves from Secret Service guards if they knew they could be called to testify against them.

The only time presidents would feel the need to distance themselves from a Secret Service guard is to commit an unlawful act.

The president doesn't have to worry about what a guard has seen or overheard if he or she is not breaking the law.

The Secret Service is designed to protect the president from harm, not protect the president from the law.

Darren Friedel is the editor in chief of the Summer Forty-Niner.