Judge Rules Clinton Can Tape Testimony

LITTLE ROCK, Ark. — A federal judge ruled Wednesday that President Clinton will be allowed to testify on videotape, rather than appear in person, at the criminal trial being prosecuted by Whitewater independent counsel Kenneth W. Starr.

U.S. District Judge George Howard said that a personal appearance in his courtroom “would be unduly burdensome to the performance” of Clinton’s official duties. Attorneys for both sides may attend the videotaping and Howard will monitor the testimony and rule on objections by video teleconferencing. The judge said that he will edit out portions of the tape that he deems irrelevant before showing it to the jury.

The trial, now in its third week, involves conspiracy and loan fraud charges against two of Clinton’s partners in the Whitewater real estate development, James B. and Susan McDougal, as well as Arkansas Gov. Jim Guy Tucker, who succeeded Clinton in that office.

The prosecution’s chief witness, former Little Rock businessman David Hale, is expected to tell jurors that Clinton and Tucker pressured him to make illegal loans to Susan McDougal, an allegation that both Clinton and Tucker have denied.

Clinton was subpoenaed by defense attorneys last month in an effort to discredit Hale’s testimony. The president said that he would not challenge the subpoena but asked to give his testimony by videotape.

Howard, in his ruling, said that the tape must not depict the presidential seal or any trappings of the president’s office. He also denied a request by Clinton’s lawyers that they be furnished the questions in advance.

Meanwhile, in Washington on Wednesday, Senate Republicans failed for the fourth time in two weeks to end a Democratic filibuster preventing a vote on extending a special committee investigating Whitewater for an indefinite period. With approval of 60 senators needed to invoke cloture, the vote on the resolution was 53 to 47 along party lines.