It would be nice for President Clinton if, on his third try, he could get an attorney general in place and fill out his Cabinet so he can get on with business. But even if nominee Janet Reno is rapidly and easily confirmed, these still will be uneasy times at the Justice Department.

This top legal adviser to the president doesn't know the answer to the most important legal issue in Washington and the president doesn't even dare ask the question - which is: Will Dan Rostenkowski be indicted?The U.S. attorney handling or mishandling the case in the District of Columbia is Jay B. Stephens. He likes publicity. The Ways and Means chairman is Rostenkowski, of Illinois. He likes publicity, too, but not the kind he's been getting lately. Rostenkowski is a Democrat. Stephens is a Republican.

The committee Rostenkowski chairs must take responsibility, under the Constitution, for initiating any of the tax legislation that the Clinton economic proposals envision. It will have the responsibility for writing any tax laws necessary to fund the administration's health proposals, and to examine how those proposals affect current Medicare and Medicaid laws. Its actions will affect the wallets and lives of all Americans.

So is Rostenkowski going to be indicted? Clinton really wants to know, but he hasn't been able to ask his attorney general because he hasn't had one of his own. Even when he gets one, asking will be touchy. The Justice Department is supposed to be a nonpolitical enforcer of our laws, and any attempt by any attorney general to get Stephens off Rostenkowski's back would be dangerous. Anyone who thinks leaks of the effort would not hit that night's news hasn't been watching the procession of dribbles that have rained on Rostenkowski for more than a year.

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The leaks have suggested that Rostenkowski's office bought more stamps from the House Post Office than even the most diligent of legislators might require to answer their mail. Justice wants to know where the money for all the stamps came from and where the stamps went.

Stamps? For a man who could have stuck a million dollars in unused campaign contributions into his pocket if he'd retired last year!

Last year was the last during which that was legal. Rostenkowski chose to spurn a million bucks and run for re-election. If Rostenkowski had wanted to latch on to some illicit moola, he would know a hundred ways to do it with less bulk than stamps.

Fourteen months of dribbles is enough. If you've got anything on the man, indict him and try your case. If you haven't, go catch bombers and get off stamp collectors' backs.

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