From: wes676767@aol.com
Subject: SNET: Bakaly A Serial Liar
Date: 19 Jul 2000 18:48:06 -0400
To: AGENDAS@maelstrom.stjohns.edu, snetnews@topica.com
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Starr Ex-Aide Depicted as Repeat Liar
By Bill Miller
Washington Post Staff Writer
Wednesday, July 19, 2000 ; A09
The trial of Kenneth W. Starr's former spokesman came to a close yesterday
with prosecutors contending that Charles G. Bakaly III has lied from the
start about his role in a New York Times story concerning the possibility of
indicting President Clinton.
Justice Department lawyer Alan Gershel said Bakaly is stuck in a "cycle" of
lies, and Gershel accused Starr's onetime aide of fabricating the truth again
this week when he took the witness stand in his defense against a criminal
contempt-of-court charge. In his testimony, Bakaly denied leaking any
nonpublic information to the Times, just as he had in a sworn declaration to
the court last year that is the focal point of his trial.
"This defendant has lied not once, but twice," Gershel declared in closing
arguments in U.S. District Court yesterday. "He lied when he filed his
declaration. And he lied when he sat up there and under oath described his
conduct. He was untruthful."
Despite his denials of leaking anything improper, Bakaly essentially gave the
Times "a place at the table" of a secret discussion held in January 1999
within Starr's independent counsel's office, Gershel said. Bakaly
reconstructed legal options raised by Starr's lawyers, he said. Four days
after the internal meeting, the article appeared in the midst of Clinton's
impeachment trial stemming from the Monica Lewinsky scandal.
Defense lawyer Michele A. Roberts brushed aside Gershel's allegations, saying
the prosecution team "has not come close to meeting its burden" of showing
Bakaly's declaration was false and misleading. "The statement was true then.
The statement is true now, and as a result, Mr. Bakaly should be found not
guilty," Roberts said.
The lawyers' arguments capped a four-day trial that provided a window into
the hectic atmosphere of Starr's office, where Bakaly, a seasoned lawyer and
public relations specialist, fielded 50 or so calls a day from reporters
seeking the latest angle.
Chief U.S. District Judge Norma Holloway Johnson, who heard the case without
a jury, asked lawyers to submit proposed findings to her by Aug. 11. She gave
no timetable for a decision. If convicted, Bakaly, 45, could face up to six
months in jail.
Bakaly's conversations with Times reporter Don Van Natta Jr. took place in
the weeks leading to the Jan. 31, 1999, story that revealed Starr had
concluded he had the constitutional authority to indict a sitting president.
The story said some prosecutors in Starr's office wanted to seek an
indictment soon after the impeachment trial ended. It also listed four
options for moving forward: end the case with no indictment; indict Clinton
at the time; indict him under seal; or indict him once he leaves office.
The day after the story was published, Bakaly appeared on "Good Morning
America" and distanced Starr's office from the Times account, saying, "It's
not our story." Days later, he provided the sworn declaration to the court in
which he denied discussing any nonpublic information with Van Natta or
revealing what Starr's office was thinking.
Starr's lawyers submitted Bakaly's declaration to Johnson along with a brief
in which they said Van Natta told Bakaly his information had come from
sources "outside" their office. They later withdrew the declaration, and
Bakaly resigned in March 1999.
After the Times story appeared, Starr asked the FBI to investigate whether
anyone in his office had leaked unauthorized information. Bakaly told the FBI
that he talked about the four options with Van Natta and provided some minor
details used in the story but he insisted, as he did this week, that he did
not discuss internal deliberations.
Roberts said Bakaly's discussions with Van Natta concerned matters of public
knowledge and that Starr's options were obvious to any legal analyst.
Gershel said the timing of Bakaly's discussions with Van Natta cast the
matter in an entirely different light. He said Bakaly wanted the public to
get the message: "Stay tuned, people, because no matter what happens on the
Hill, we're not done yet."
"His lie is built on a house of cards," Gershel said. "One lie begets another
lie. At the end of the day, when it all comes out, it all falls apart."
© 2000 The Washington Post Company
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