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JUDGE ORDERS CLINTON SUBPOENA.



Byline: Angie Cannon and Aaron Epstein Knight-Ridder Tribune News Wire

A federal judge ordered a subpoena subpoena (səpē`nə) [Lat.,=under penalty], in law, an order to a witness to appear before a court. A subpoena ad testificandum [Lat.  Monday for President Clinton to testify next month - possibly on videotape - in the Whitewater trial of Susan and James McDougal, his partners in the failed Arkansas real estate venture.

U.S. District Judge George Howard Jr. ordered court officials to prepare a subpoena for the president in the McDougals' fraud and conspiracy jury trial, which will begin March 4 in Little Rock.

Susan McDougal's attorney, Bobby McDaniel, has said Clinton could impeach To accuse; to charge a liability upon; to sue. To dispute, disparage, deny, or contradict; as in to impeach a judgment or decree, or impeach a witness; or as used in the rule that a jury cannot impeach its verdict.  the credibility of the government's star witness, former Municipal Judge David L. Hale, who also owned a government-backed finance company.

Hale has accused Clinton and James McDougal of pressuring him into making a fraudulent $300,000 Small Business Administration-backed loan to an advertising company owned by Susan McDougal in 1986. Hale has said that Clinton was trying to help McDougal bail out his failing thrift, Madison Guaranty Savings and Loan savings and loan n. a banking and lending institution, chartered either by a state or the Federal government. Savings and loans only make loans secured by real property from deposits, upon which they pay interest slightly higher than that paid by most banks. . Clinton has denied pressuring Hale into making the loan.

Last August, the McDougals and Arkansas Gov. Jim Guy Tucker James "Jim" Guy Tucker, Jr. (born June 13 1943) is a former governor, lieutenant governor, attorney general, and a member of the United States House of Representatives from Arkansas.  were indicted INDICTED, practice. When a man is accused by a bill of indictment preferred by a grand jury, he is said to be indicted.  on fraud and conspiracy charges, accused of defrauding the government with bogus loans through Madison Guaranty and Capital Management Services Inc., Hale's company. Hale has pleaded guilty to using his company to defraud the SBA SBA
abbr.
Small Business Administration

Noun 1. SBA - an independent agency of the United States government that protects the interests of small businesses and ensures that they receive a fair share of government
.

The subpoena is bad political news for the president as Whitewater continues to haunt him as the 1996 presidential campaign begins.

Last month, Hillary Rodham Rodham is an English surname which may refer to a number of persons or places. People
Family of Hillary Rodham Clinton
  • Hillary Rodham Clinton, 2008 presidential candidate and current junior U.S.
 Clinton gave four hours of subpoenaed testimony before the Whitewater grand jury about her legal billing records. They suddenly showed up in the White House about two years after they had been subpoenaed. Those Rose Law Firm records showed how frequently she worked on land deals for Madison Guaranty, which cost taxpayers $65 million when it collapsed in 1989.

White House officials were quick to say Monday that the president is being subpoenaed as a "friendly witness" and that his testimony likely will be videotaped.

The order of Howard, a Jimmy Carter appointee, allows that option, by saying: "If, however, it is concluded that the president's personal appearance is not tenable ten·a·ble  
adj.
1. Capable of being maintained in argument; rationally defensible: a tenable theory.

2.
, counsel are directed to consider other options for presenting the president's testimony, for example, via videotape or satellite."

A White House source said: "People shouldn't be confused about what is going on. The McDougals think he can provide credible information that will undermine their accusers."

Clifford E. Fishman, a law professor at Catholic University of America Catholic University of America, at Washington, D.C.; the national university of the Roman Catholic Church in the United States; coeducational; founded 1887 and opened 1889.  in Washington, suggested that Clinton's testimony could help the defense even if, as expected, he denies exerting pressure to advance a loan.

"Simply by bringing a president into the trial, the defense could create the impression that the defendant is a very small flea on a much larger dog, that the prosecutor ought to be ashamed of himself for bothering with such a small target and ought to go after the big shots," Fishman said.

"It's not uncommon for people accused of corruption to invoke the names of the mayor, the police chief, the president, the secretary of state or whatever."

"We are aware of reports that Judge Howard has approved the request of the McDougals that the president provide testimony in their upcoming trial," the president's personal attorney, David E. Kendall

For other persons of the same name, see David Kendall.


David Evan Kendall is an American attorney who advised President Bill Clinton during the Lewinsky scandal and represented Clinton during the impeachment trial.
, said in a statement. "We have received Judge Howard's order and we will review it carefully. The president's intention is to cooperate in an appropriate fashion."
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Feb 6, 1996
Words:564
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