The Clinton presidency also cast a bright light on the issue of presidential immunity. The chapter discusses the Supreme Court’s decision that Clinton could be tried in a civil lawsuit while in office. The chapter focuses on the criminal investigation by Independent Counsel Starr whether Clinton had committed perjury in that lawsuit. Particular attention is paid to the advice given to Starr by a prominent constitutional scholar that Clinton was not immune from prosecution. Although Starr decided to refer the Clinton matter to the Congress for impeachment, the OLC opinion does not appear to have figured in that decision.

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The Clinton Era

  • H. Lowell Brown

摘要

The Clinton presidency also cast a bright light on the issue of presidential immunity. The chapter discusses the Supreme Court’s decision that Clinton could be tried in a civil lawsuit while in office. The chapter focuses on the criminal investigation by Independent Counsel Starr whether Clinton had committed perjury in that lawsuit. Particular attention is paid to the advice given to Starr by a prominent constitutional scholar that Clinton was not immune from prosecution. Although Starr decided to refer the Clinton matter to the Congress for impeachment, the OLC opinion does not appear to have figured in that decision.