Intensifying his attack, Whitewater prosecutor Kenneth Starr says a magazine article about his office "borders on the libelous." The publication's editor is calling on Starr to release records of his confidential briefings for reporters.
As the war of words between Starr and editor Steven Brill got nastier Tuesday, President Clinton's private lawyer, David Kendall, jumped into the fray - accusing the prosecutor anew of violating federal law and ethics rules.Meanwhile, Starr's office said in legal papers that it decided to file tax fraud charges against presidential friend Webster Hubbell in April after he "failed to honor" a pledge to cooperate in the Whitewater investigation.
In a submission to a federal judge, the prosecutors cited the lack of promised cooperation in a brief opposing Hubbell's motion to dismiss a 10-count tax evasion indictment against Hubbell, his wife and two others.
Prosecutors said they brought the tax charges after investigating "whether there was any relationship" between consulting payments to Hubbell, from associates of President Clinton "and Mr. Hubbell's refusal to fully cooperate . . . as he agreed to do."
Hubbell had argued in briefs filed June 2 that Starr exceeded his authority in bringing the tax charges; that the prosecutor pursued Hubbell "relentlessly" and "had his family brought to financial ruin."
Starr sent a biting 19-page letter to Brill's Content magazine disputing, point-by-point, examples cited by Brill of possible illegal leaks from prosecutors.
"You challenge this office at a fundamental level - alleging that we would commit crimes to uncover crime," Starr wrote. "I categorically and unequivocally reject the charge."
Starr detailed what he said were 14 factual errors in Brill's article. "Your reckless and irresponsible attack borders on the libelous," Starr wrote the magazine editor.
In several instances, Starr said, reporters quoted in the magazine had denied information attributed to them.
Brill said in a statement that Starr did not dispute "any of the quotes attributed by me to him." He pledged to publish the prosecutor's letter in his magazine's next issue.
He called on Starr to release logs of telephone calls and face-to-face conversations with reporters. "Judge Starr might consider releasing all reporters from any pledges of confidentiality that were extracted by him and his deputies," Brill said.
Clinton's lawyer, Kendall, sent a letter of his own to Starr, saying, "the actions of your office are in violation of the law" and "the media leaks by your office . . . violate the ethics rules for federal prosecutors."
While the allegations were flying, prosecutors continued their work at the federal courthouse, questioning two key White House aides before the grand jury.
John Podesta, Clinton's deputy chief of staff, was questioned for two hours. Podesta originally was among a group of presidential aides whose testimony raised concerns about possible claims of executive privilege that have since been dropped. He played a role in trying to help Monica Lewinsky find a job.
Nancy Hernreich, chief of Oval Office operations, appeared before the grand jury for four hours before Podesta.