As the Senate prepared to hear opening statements in the impeachment trial of President Clinton, the White released a 130-page memo rebutting the House case against the President.
The White House "trial memorandum" reiterates previous arguments that the charges against President Clinton are unproven and do not rise to the level of impeachable offenses.
In seeking to disprove the charges, the President's attorneys again resorted to legal technicalities and narrowly constructed interpretations of testimony for which they have been criticized. But they contend they are justified in doing so. The accused have the right to invoke "the law, established procedures and the Constitution," they argued, saying, "These principles are not 'legalisms' but rather the very essence of the 'rule of law' that distinguishes our nation from others."
The lawyers said it is "impossible" to reach a conviction by the constitutionally mandated two-thirds majority because many charges are included in a single count, and "sixty seven senators could conceivably vote to convict while in wide disagreement as to the alleged wrong."
In addition, by "charging perjury without identifying a single allegedly perjurious statement," the lawyers contended Clinton does not receive "due process and fundamental fairness." And the brief also warned that calling even one witness would trigger an extensive discovery process that may include the deposition of other witnesses who may be helpful to the President.
"The President testified truthfully before the grand jury," the brief stated, characterizing the differences between Clinton and Monica Lewinsky's testimony as "immaterial" matters that "the law does not intend to capture as perjury."
Responding to the charge that Clinton perjured himself by attesting to the veracity of his testimony in the Paula Jones sexual harassment case, the brief argued Clinton never reaffirmed his entire testimony.
Clinton's attorneys make extensive use of Lewinsky's testimony to rebut the obstruction of justice charge. They cited Lewinsky's contentions that Clinton did not urge her to lie, did not try to get her a job in exchange for untruthful testimony, and did not suggest she conceal gifts he gave her.
Meanwhile, prospects that witnesses will be called during the trial increased today as Senate Appropriations Committee Chairman Ted Stevens, R-Alaska, once openly skeptical about live testimony, reported he has changed his mind. At a weekend retreat, Stevens said he read through much of the House report and found "real conflicts. I have some serious questions about some of the statements made to the grand jury that were not subject to cross examination. ... In all probability, there should be some witnesses now."
On Wednesday, boxes and videotapes containing the public record of the House case were dropped off in the Senate, and the House managers' answer to the defense brief arrived. It reasserted arguments laid out in the prosecution's brief, insisting the charges are impeachable and not subject to a motion to dismiss.
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