The Supreme Court delivered a swift and unanimous rebuff Thursday to Kenneth Starr's effort to short circuit the ordinary appellate process and get a quick ruling from the justices on disputed claims of privilege for four grand jury witnesses.
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When the Justice lawyers explained what claim of privilege the Department would not defend in court, Quinn directed aides to separate out a third of his long-guarded cache, reluctantly sending 1, 000 to Rep . William Clinger, the congressional Javert.
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In his first legal setback in the Monica Lewinsky investigation in months, independent counsel Kenneth Starr was resoundingly rebuffed by the Supreme Court, which refused to resolve quickly the claims of privileges that have blocked the testimony of four grand jury witnesses.
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But, with the White House resolutely silent about claims of privilege, an appeal would also expose the president to charges of cover-up and unpleasant parallels to Nixon, strengthening the Republican argument that the White House is responsible for dragging out Starr's work.
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But on Wednesday, the White House invoked a claim of executive privilege to block prosecutors from taking testimony from White House lawyer Lanny Breuer _ a move some analysts said could foreshadow an attempt by Clinton to apply the same claim of privilege to himself.
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At the same time, Schippers dropped abuse of power charges outlined by Starr, allegations stemming from Clinton's refusal to voluntarily testify and from administration claims of privilege designed to keep top presidential aides, White House lawyers and Secret Service agents from having to cooperate with prosecutors.
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Therefore, it is generally the withholding party's burden to provide sufficient information on its privilege log to allow the opposing party to assess the claim of privilege, inquire further, or seek " in camera " review of the withheld documents or other Court involvement, if necessary.
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Based on the legal grounds used by Judge Johnson to deny protections for several claims of privilege, the prospects for a White House success on another outstanding legal issue _ whether the Secret Service is entitled to a novel, untested privilege _ seemed to grow dimmer.
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But while the ruling in the Espy case significantly expanded the concept of executive privilege, it explicitly established a limit : the claim of privilege cannot be used to shield deliberations on matters not related to the president's official functions or to criminal conduct by the president or his aides.
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But it added that, in inquiries involving independent counsels, the attorney general and the president were in no position to weigh the merits of such claims of privilege and that the independent counsel was in no position to consider the institutional concerns of the office of the president in keeping certain matters confidential.
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