Reno Extends Probe of Clinton Calls to Donors

Atty. Gen. Janet Reno on Tuesday extended to early December a Justice Department inquiry on whether to ask that an independent counsel determine if President Clinton’s fund-raising phone calls had violated federal law.

Reno, faced with a deadline today for determining if further investigation is needed, notified a special three-judge panel that she could not resolve the question in the allotted 30 days.

“Because of the complexity of the factual and legal issues presented by this matter, I have been unable to determine whether there is sufficient specific and credible evidence to suggest a violation of federal criminal law,” Reno told the judges who oversee independent counsel matters. “As a result, I am required to commence a preliminary investigation.”

With the Justice Department already conducting a preliminary inquiry of telephone solicitations by Vice President Al Gore, Reno’s action Tuesday raises the prospect that the fund-raising activities of both of the nation’s highest elected officials will be investigated by outside prosecutors.

Clinton, who is traveling in South America, said at a press conference in Brasilia with Brazilian President Fernando Henrique Cardoso: “I know I didn’t do anything wrong. I did everything I could to comply with the law. I feel good about it.”

David E. Kendall, Clinton’s private counsel, said in a statement: “In view of the many issues the Department of Justice must resolve, today’s announcement is hardly surprising. It’s important for the department to take whatever time is necessary to complete a thorough investigation. At the conclusion of such an inquiry, however, it will be clear that there are no grounds for the appointment of an independent counsel.”

Reno’s move came amid discussions by White House and Justice Department officials over Clinton’s offer to answer questions from Justice Department investigators about fund-raising. Such questioning of the president could be done in writing or conducted face-to-face by task force members, a Justice Department source said.

A similar plan is under review for Gore, a government official said. The vice president’s attorneys declined comment.

On Monday night, en route to Brazil from Venezuela, Clinton told a handful of reporters aboard Air Force One that he would be willing to be interviewed by Reno on the matter “if she wishes to interview me.”

Reno’s decision to proceed to a preliminary inquiry is unlikely to mute criticism of her today when she makes a long-scheduled appearance before the House Judiciary Committee. Republican members repeatedly have urged her to ask for an outside prosecutor to investigate a wide range of campaign fund-raising allegations.

In a Sept. 3 letter to Reno, Rep. Henry J. Hyde (R-Ill.), chairman of the committee, presented a detailed list of matters--including the fund-raising phone calls by Clinton and Gore--that he said merit outside investigation. Under the law, the date of that letter set in motion the 90-day period for preliminary inquiries, meaning that the reviews of Clinton and Gore must end by Dec. 2.

The factual and legal circumstances surrounding Gore’s more than 40 phone solicitations--which the vice president has acknowledged making from his White House office--are clear-cut. Clinton, on the other hand, has said repeatedly that he does not recall making such calls, but does not rule out the possibility.

The Times reported on Sept. 26 that in the fall of 1994 Clinton solicited several major donors for contributions by phone from the residential quarters of the White House, according to an eyewitness account provided to authorities by former White House Deputy Chief of Staff Harold M. Ickes.

In testimony last week to the Senate Governmental Affairs Committee, Ickes said he observed Clinton solicit by phone “a handful” of donors in connection with the midterm congressional elections.

Ickes also said the Justice Department did not question him about any fund-raising calls made by Clinton until the week of Sept. 26.

Administration lawyers and many private attorneys agree that fund-raising activity--including phone calls--conducted within the residential quarters of the White House is lawful. There is sharp disagreement, however, about the legality of fund-raising calls placed from the working quarters of the White House.

Reno is now overseeing a formal 60-day review of solicitation calls that Gore has acknowledged placing from the working quarters of the White House. Justice Department investigators also are seeking to verify whether Clinton made any fund-raising calls from the working quarters, which would include the Oval Office.

Documents that have surfaced over the last months suggest that Clinton may have placed such calls in 1995 or 1996. Ickes, in his Senate appearance last week, testified that on up to three occasions after October 1994, he urged Clinton to make fund-raising calls.

“I requested the president to make fund-raising calls in 1995 and I think maybe even in 1996. . . “ Ickes testified, in response to questioning by the Senate committee chairman, Sen. Fred Thompson (R-Tenn.). “I mean, basically the president agreed that he would make some phone calls.”

Ickes said he did not know for certain whether Clinton followed through and made those calls. In any event, Ickes said, when Clinton or Gore were called upon to solicit donors, it was not unlike a merchant moving to close a major sale.

“The president and the vice president, to the extent they made phone calls or were asked to make phone calls, were asked to make phone calls to close on very large contributions,” Ickes testified.

In a related development, administration lawyers Tuesday night handed over to congressional investigators more than 45 tapes of about 120 political events videotaped by White House aides. The lawyers pledged to deliver an additional 15 tapes today, according to officials with the two congressional committees investigating the campaign fund-raising controversy.

The videotaped events were described by a White House official as “DNC-finance related,” a reference to the Democratic National Committee. Most of the events, the official said, occurred outside the White House.

Both committees also are expected to receive an unspecified number of audio tapes.

Times staff writer Jonathan Peterson contributed to this story from Brasilia.