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Clinton will honor Whitewater subpoena

clinton

February 6, 1996
Web posted at: 12:30 a.m. EST

WASHINGTON (CNN) -- Administration sources have told CNN the White House is inclined to find a way for President Clinton to honor an Arkansas judge's order that he testify at the fraud trial of his former Whitewater partners next month.

U.S. District Judge George Howard Jr. Monday granted the request by James and Susan McDougal that the president be subpoenaed. Mrs. McDougal contends that the president is "the only person on earth" whose testimony can counter allegations by the government's star witness, former judge and Little Rock banker David Hale.

mcdougal

Mrs. McDougal is accused of receiving a $300,000 loan from Hale -- a loan that Hale claims then-Gov. Clinton pressured him into making. Mr. Clinton -- who has not been charged -- has steadfastly denied the accusation.

"The president is a material witness to impeach the credibility of the government's star witness, said Bobby McDaniel, Mrs. McDougal's attorney. "We anticipate that David Hale will testify that the president 'pressured' Hale into making a $300,000 loan to Susan McDougal. We anticipate the president would testify under oath that that did not occur and that Mr. Hale is not telling the truth."

Jenniffer Horan, another attorney for the McDougals, said that the subpoena would be submitted to the court clerk on Tuesday, and served to the president after it is signed.

In his order, Howard said the president's testimony is "vital in affording (the McDougals) a fair trial and an adequate defense."

But Howard's order also says it is not necessary for Mr. Clinton to testify in person. It directs the lawyers in the case to explore other options, including having the president testify on videotape or by satellite.

McDaniel said that he wants the President to testify in person, saying that it would be "the best way to evaluate the credibility of the witness."

kendall

The Clintons' personal attorney, David Kendall, issued a statement Monday evening saying the president intends to "cooperate in an appropriate fashion."

The office of Whitewater Independent Counsel Kenneth Starr refused comment on Howard's decision.

The McDougals and Arkansas Gov. Jim Guy Tucker will stand trial for fraud on March 4. They were indicted last year by a federal grand jury directed by Starr.

Mr. Clinton would not be the first sitting president to testify as a witness in a criminal proceeding. Thomas Jefferson testified in writing at one trial. More recently, Gerald Ford, Jimmy Carter and Ronald Reagan testified on videotape.


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