January 26, 1996
Web posted at: 12:30 a.m. EST
From Correspondent Anthony Collings
WASHINGTON (CNN) -- First lady Hillary Rodham Clinton has answered questions on Whitewater before -- from reporters, senators, and even from the Whitewater independent counsel. But on Friday, she faces the more anxiety-ridden task of being grilled by a hostile attorney before a federal grand jury.
"For most of us it's a very unnerving experience," says former prosecutor Clifford Fishman, now a professor at the Catholic University Law School. "You're in a strange place. You don't have any friends in the room."
Although Mrs. Clinton has already been questioned under oath by independent counsel Kenneth Starr, the atmosphere will be quite different when she is questioned by a prosecutor before a grand jury -- and possibly by jurors themselves.
"There's a solemnity to it that does affect people and makes them more willing to talk," Fishman says.
The Washington Whitewater grand jury will meet on the third floor of the U.S. District Courthouse, it secrecy protected by a windowless room and extra soundproofing.
The only people in the room will be the 23 grand jurors, a court reporter, the independent counsel and the witness. There's no judge.
The witness's lawyer must wait outside but can be consulted. Attorneys for witnesses warn them their testimony carries risks, and can be later used to discredit the witness.
Defense attorney Plato Cacheris says clients can't afford to not tell the truth before a grand jury. If they are found lying, he says, a perjury indictment is almost certain.
Former Reagan White House official Michael Deaver ended up being indicted and was convicted of lying to the grand jury.
But a witness is free to take the Fifth Amendment and refuse to answer incriminating questions.
Cacheris says he believes Mrs. Clinton will be given some leeway because of her status. "But the fact is she's a witness and will be asked questions just like any other witness," he says.
The grand jury tradition dates back to 13th century England, where it formed a key part of any criminal investigation. Anyone who testifies, even a first lady, is on notice that what they say can be used against them.
Many witnesses are called to testify before grand juries to be grilled for information, but are never indicted, and are not even suspected of wrong-doing. If one is a "target" of an investigation, it means there is evidence to indicate he or she may have committed a crime, and there is a good chance they will be indicted.
The White House says Mrs. Clinton is not a target and has been subpoenaed only as a witness, meaning prosecutors believe she may have information that could shed light on the investigation.
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