Justice and Bullying Are Not Natural Partners

In all the furor over 1996 campaign fund-raising abuses, it may be helpful to remember that the name of the department run by Atty. Gen. Janet Reno is Justice. Among the words used by Webster’s New World Dictionary to define justice are “impartiality,” “fairness” and “sound reason.”

Early on, we endorsed the idea of appointing an independent counsel as a means of providing an impartial investigation of alleged wrongdoing by the Democrats. Today, however, congressional Republicans appear more interested in bullying Reno on the counsel issue in a move to tar President Clinton and Vice President Al Gore as lawbreakers. Some have gone so far as to threaten to impeach Reno unless she accedes to their wishes.

The increasing shrillness of Reno’s critics comes just as the GOP-led Senate investigation shifts focus from the Clinton-Gore White House to general campaign fund-raising abuses, by Republicans as well as Democrats. And it shifts focus without so far presenting any solid evidence of illegal acts committed in the White House.

Republicans accuse Reno of playing politics. But just three years ago, she and Clinton supported congressional renewal of the Independent Counsel Act. Republicans wanted to kill the act; they were still smarting from counsel probings into the Irangate affair in the Reagan-Bush administrations. So the pages turn, the ins and the outs seeking advantage.

Nothing will excuse the wretched behavior of Clinton and his political aides in helping the Democratic National Committee raise $187 million for the 1996 campaign. For instance, the idea of inviting fat cats to spend a night in the White House in obvious hopes that they would be inspired to make big contributions was deplorable. Bad judgment? Absolutely. Against the law? Apparently not.

So now Reno has begun inquiries to determine whether Clinton and Gore should be investigated by a court-appointed independent counsel for making fund-raising telephone calls from the White House. Gore acknowledges making about 40 such calls but says they were legal. Clinton said Monday his actions were legal and that he will cooperate with the Justice Department investigation.

The 1883 law in question prohibits federal officials from soliciting contributions “in any room or building” used by federal employees at work. The idea was to prevent federal officials from shaking down their underlings to contribute--a not uncommon practice in those days. Many legal experts say the law would not apply to Clinton or Gore making telephone calls from their offices--or members of Congress doing the same, which, sources say, many of them routinely do.

The need for an independent counsel seemed to recede during the months of Senate investigation that failed to live up to promised revelations. Reno now has taken a step to see whether a counsel is needed in view of the latest disclosures. Her investigation should be allowed to proceed in the spirit of impartiality, fairness and sound reason. Justice, that is.