Tuesday, April 13, 1999
Experts say contempt ruling hurts Clinton
BY WILLIAM A. WEATHERS
The Cincinnati Enquirer
A federal judge's finding of civil contempt of court against President Clinton represents a black mark for the Clinton presidency, a local law professor said Monday.
“It is a very serious mark against a sitting president,” said Christo Lassiter, a professor of law in the University of Cincinnati College of Law. Judge Susan Webber Wright's ruling essentially “addresses a lie in the presence of the court” during the Paula Jones civil suit deposition that violates the legal principle that “every litigant is entitled to every man's evidence,” Professor Lassiter said. “You don't have the option to lie or evade.
“I'm glad to see it affirmed in this situation,” the UC law professor said. “It's sent a clear, bold message.”
The federal penalty for civil contempt ranges from a fine to time behind bars (up to 18 months), he said.
In his opinion, Mr. Clinton's actions of “evasiveness and playing language games” during the Paula Jones deposition do not merit any prison penalty, Professor Lassiter said.
“This would just be a fine for abusing the process,” he speculated. “The action it addresses is done.”
Cincinnati attorney Martin Pinales said any such fine would probably cover the other party's cost of the contempt, including the legal fees and cost of the deposition. Mr. Pinales agreed with Professor Lassiter that is is unlikely the judge's penalty will include any jail time.
As for the severity of a criminal contempt finding, Mr. Pinales said, “It's something an attorney would be concerned about for his license.”
Mr. Pinales said Mr. Clinton has the right to appeal the civil contempt ruling.
A federal judge's finding of civil contempt has one of two purposes, Professor Lassiter said. One is to alter a person's behavior (being unruly in courtroom); the second is to remedy a specific wrong (giving false testimony in the face of the court), he said.
Civil contempt and criminal contempt carry a similar array of federal penalties, Professor Lassiter said, but the penalties are more severe for criminal contempt. For example, the standard maximum prison sentence for a ruling of contempt of court during a criminal proceeding is five years, he said.
Mr. Clinton's impeachment trial “was essentially a criminal trial,” the UC law professor said. “He was impeached for lying in his own (videotaped) deposition,” he said.
• FULL CLINTON COVERAGE from Associated Press
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