2 Charged in Illegal Contributions Case Expected to Subpoena Clinton

Defense attorneys for two men charged with making illegal contributions to Bill Clinton’s 1990 gubernatorial campaign announced Tuesday that they will subpoena the president to testify in their trial, beginning June 17.

Clinton already is under subpoena to testify in the current trial of Arkansas Gov. Jim Guy Tucker and the president’s two former Whitewater investment partners, James B. McDougal and his ex-wife, Susan. It has not yet been decided when he will be called, or whether he will be required to appear in person at that trial, which began two weeks ago.

Both cases are being prosecuted by independent counsel Kenneth W. Starr, who was appointed by the courts to probe allegations stemming from Whitewater.

In the latest case, Dan Guthrie, attorney for Herby Branscum Jr., the former Arkansas state Democratic chairman, said that Clinton’s testimony would be essential to proving his client did not demand a state appointment in exchange for illegal contributions to the Clinton campaign.

“The person who is in the best position to lay that to rest once and for all is Bill Clinton,” Guthrie said after a hearing in which his client’s trial date was set.

Branscum, who was appointed state highways commissioner by Clinton shortly after he allegedly arranged the illegal donations, will stand trial along with a business associate, Robert M. Hill. Both men are directors of the Perry County Bank, from which the donations allegedly originated.

In an 11-count indictment, Hill is accused of hand-delivering at least $7,000 in improper donations to Clinton about a month after his 1990 reelection.

In the trial of Tucker and the McDougals, defense lawyers said they had asked Judge George Howard to set a date shortly to argue their case that Clinton should be required to appear in person at their trial.

Citing historical precedent, the president has offered to make his testimony available by videotape. But the defendants insist that Clinton’s personal testimony is necessary to help them undermine the credibility of the government’s star witness, David Hale, who contends that Clinton pressured him to make an improper loan to Susan McDougal from his government-backed small business investment corporation.