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Court Won’t Hear Ken Starr Appeal

June 4, 1998

WASHINGTON (AP) _ The Supreme Court today refused to intervene on an emergency basis and settle two legal disputes between President Clinton and Whitewater prosecutor Kenneth Starr that have delayed the investigation of an alleged presidential affair and coverup.

The nine justices chose to allow the U.S. Court of Appeals to make the first effort at resolving whether Clinton confidant Bruce Lindsey and three Secret Service employees must answer Starr’s questions before a federal grand jury in the Monica Lewinsky investigation.

``The petition for a writ of certiorari before judgment is denied without prejudice. It is assumed the Court of Appeals will proceed expeditiously to decide this case,″ the high-court said in a two-paragraph statement.

The decision was a major setback in the independent counsel’s efforts to speed up an investigation delayed by numerous legal challenges.

The high court has agreed only five times this century to bypass the normal appeals process, including once a quarter century ago in the Watergate investigation of Richard Nixon.

Lindsey, the president’s closest adviser and a deputy White House counsel, has refused to answer prosecutors’ questions before a grand jury in 14 areas of the Lewinsky investigation, citing attorney-client privilege. Lindsey says, however, he knows of no wrongdoing inside the White House.

Citing an earlier appeals court ruling, Starr has argued that government lawyers like Lindsey are not entitled to claim attorney-client privilege when subpeonaed by a federal grand jury to testify about criminal matters.

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