CLINTON GETS SUBPOENA FROM STARR.

Byline: Don Van Natta Jr. and John M. Broder The New York Times

President Clinton was subpoenaed by Independent Counsel Kenneth Starr to testify this week before the federal grand jury investigating the Monica Lewinsky matter, two lawyers close to the case said Saturday.

Clinton is the first sitting president to be summoned to appear before a grand jury.

It could not be determined Saturday when Clinton was summoned to testify on what he knows about Lewinsky, the 25-year-old former White House intern who prosecutors believe had a sexual relationship with the president and was urged to lie about it. It also was not known how the summons for the president's appearance was served.

But lawyers said prosecutors delivered the grand jury subpoena last week to David Kendall, the president's personal lawyer. And since then, Kendall has resumed discussions with Starr's prosecutors to try reach an agreement that would allow Clinton to provide information to the grand jury without appearing at the federal courthouse a few blocks from the White House. If an agreement is reached, the subpoena could be withdrawn.

The subpoena of the president has profound legal and political consequences for both Clinton and Starr. It is also a strong indication that Starr's 6-month-old inquiry may be nearing its conclusion.

Because there are only a few witnesses who still have not testified in the sex-and-cover-up inquiry, the grand jurors are waiting to hear from the two people who know the most - Clinton and Lewinsky. And the prosecutors have chosen to seek Clinton's testimony first.

Clinton willing

Lawyers close to the case, insisting on anonymity, said Saturday that Clinton was willing, even anxious, to answer the grand jurors' questions in some form. However, the president recently told senior advisers that he preferred not to appear in person before the federal grand jury, where he would be required to answer questions without his lawyers present.

Instead, Clinton prefers to provide prosecutors with a videotaped deposition at the White House. The videotape could be played later in the grand jury room.

White House spokesman James Kennedy said he had no comment about the matter Saturday.

At a briefing Friday, White House press secretary Mike McCurry announced that Kendall was discussing how Clinton could provide information to the grand jury. McCurry had told reporters he did not know if a subpoena had been served.

Charles Bakaly, a spokesman for Starr's office, declined to comment Saturday.

Weighing the risks

Lawyers and political advisers to Clinton have been weighing the political and legal risks if he should choose to rebuff the subpoena on constitutional grounds.

Clinton has said very little about his relationship with Lewinsky. He denied in late January that he had sexual relations with her. At that time he pledged to answer the many questions surrounding the matter ``sooner rather than later.''

But despite repeated requests from Starr that Clinton voluntarily provide testimony in the Lewinsky inquiry, the president has refused to agree to answer prosecutors' questions.

Starr and his predecessor, Robert Fiske, have taken Clinton's testimony under oath at the White House on several occasions on a variety of Whitewater-related matters. Portions of his testimony were later read to grand jurors.

The investigation

Since late January, the grand jury has investigated whether Clinton had a sexual relationship with Lewinsky and then encouraged her to lie about it under oath to lawyers for Paula Jones, who in a civil lawsuit had accused the president of sexual misconduct.

Prosecutors are also investigating whether Vernon Jordan, a friend of the president, attempted to find Lewinsky a job in exchange for her silence. Both Clinton and Lewinsky have said under oath that they did not have a sexual relationship.

White House political and legal strategists always knew that Starr could subpoena the president. Those strategists are now discussing how the public would react if Clinton did not answer questions before the grand jury.

As many as six times, Clinton has refused requests by Starr's prosecutors to voluntarily appear before the grand jury. The president's lawyers have given prosecutors several explanations for the refusals, including Clinton's busy schedule and the White House view that Starr's inquiry is unfair and motivated by politics.

Constitutional issue

If Clinton chooses to try to block the subpoena, it could trigger a serious constitutional crisis. Most legal scholars and experts are sharply divided on whether a sitting president can be compelled to testify or, if he refuses, held in contempt of court.

Although the White House believes that only the House of Representatives holds that power, some lawyers in Starr's office may be willing to test that question before the courts.

There could also be political risks for Clinton if he declines to cooperate at this stage of the inquiry. Some House Democrats, fearful of potential fallout in the November elections, have said publicly in recent weeks that they hope the president cooperates and answers all of the grand jury's questions.

Even some of Clinton's staunchest supporters have said in recent days that they believe he should answer Starr's questions in a timely manner.

``It's my judgment that the White House and the president's lawyers see the endgame is very near and that the country wants this over with,'' said former White House Deputy Counsel Lanny Davis, an outspoken defender of Clinton. ``This is the right time for the president to come forward.''