Clinton to testify by videotape in Whitewater case

March 20, 1996
Web posted at: 11:50 a.m. EST

LITTLE ROCK, Arkansas (CNN) -- In a major victory for President Clinton, the judge presiding over the Whitewater trial has denied a motion by defense attorneys demanding that Clinton testify at the trial in person. He ruled Clinton may testify on videotape instead.

"The court is of the opinion that requiring President Clinton to travel to Arkansas...would be unduly burdensome to the president in the performance of his official duties," said Judge George Howard Jr. in the order he issued Wednesday.

Howard said Clinton's testimony via videotape can be given at the White House in the trial of his former Whitewater partners and Arkansas Gov. Jim Guy Tucker.

Howard ordered that any insignia related to the Office of the President, such as the presidential seal, may not be visible on the video.

Attorneys for the president, the trial defendants and the independent counsel may be present for Clinton's testimony.

Howard ordered attorneys for the president and defense attorneys to propose a date for Clinton's testimony.

Independent Counsel Kenneth Starr had asked that if the president's testimony were videotaped, that the testimony take place in a federal courtroom.

Clinton was subpoenaed to testify as a defense witness in the trial of his two former partners in the Whitewater real estate venture in Arkansas -- James McDougal and his former wife, Susan McDougal. The two are accused of conspiracy and loan fraud in an indictment brought by Starr.

Tucker is charged in the same case.

The president's testimony is meant to combat testimony from the prosecution's star witness, David Hale. Hale alleges that then-governor Clinton pressured him into making a questionable $300,000 loan to give Susan McDougal in 1986.

Clinton dismisses Hale's claims as "a bunch of bull."

White House attorneys pushed not to have the president testify in person, saying it would interrupt his presidential duties.

Howard's ruling could set an important precedent for any other trials resulting from the independent counsel's Whitewater investigation. On Tuesday, defense attorneys in a separate Whitewater-related trial indicated their intention to call Clinton to testify.

Related Stories

• Whitewater controversy moves into the courtroom
• Book calls Clintons' Whitewater deal 'reckless'
• Clinton will honor Whitewater subpoena
• Democrats block Whitewater probe

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