You Want a Non-Partisan Investigation? Don’t Get Burton

If Bill Clinton didn’t have Rep. Dan Burton (R-Ind.) in the House, he would have to invent him. Talk about a gift that keeps on giving.

Burton is the GOP chairman of the Government Reform and Oversight Committee, which is investigating charges against the Clintons, ranging from campaign-finance violations to Monica S. Lewinsky.

Two weeks ago, Burton decided to release highly edited transcripts of taped telephone conversations by Webster L. Hubbell, former Justice Department deputy attorney general and former law partner of Hillary Rodham Clinton. Hubbell made the calls (he knew they were monitored) from a prison while serving 18 months for overbilling his clients at the Rose Law Firm in Little Rock, Ark.

At first blush, the transcripts were damaging to both Hubbell and the Clintons. Burton’s transcripts, however, had several intended or unintended mistakes involving key words, including a reference to “the Riady” and “caused the problem.” Burton’s version would lead one to see this as a reference to James Riady of the Indonesian Riady banking family, accused of illegally funneling money to the Clinton-Gore 1996 reelection campaign. After reviewing the tapes, it is clear that “reality,” not “Riady,” and “cured,” not “caused,” are what was said.

When confronted with these discrepancies, Burton conceded he had left outsome crucial parts, including a section in which Hubbell specifically said he did not believe Hillary Clinton knew anything about his Whitewater-related problems at the Rose firm. Burton didn’t find this relevant, but he did think the public needed to hear Hubbell comforting his daughter on a personal matter. Is any more proof needed of Burton’s intention?

This is the same Burton who tastelessly told the Indianapolis Star that he is “going after” the U.S. president because Bill Clinton is a “scumbag.” The same Burton who called for the use of nuclear weapons against Iraq. The same Burton who called for universal tests for AIDS. If those weren’t enough to prove he has chronic foot-in-mouth syndrome, Burton shot a bullet through a melon in his backyard to try to prove former White House counsel Vincent W. Foster Jr. did not commit suicide, but was murdered.

Right now, there are probably plenty of Republicans who wish Burton had used his own head for that test. By midweek, Burton was forced to release the entire transcript of Hubbell’s calls and to publicly apologize to his GOP colleagues.

The White House immediately jumped on Burton’s actions to reinforce the charge that Burton is after Clinton for partisan reasons, and that he and the House GOP are not after the truth but rather the Clintons’ heads.

But the tape gaffe was not Burton’s alone. He was pushed to release the edited transcripts by his committee’s lead investigator, one David N. Bossie, who resigned under fire last week. I have spoken to Bossie on several occasions and, though personable, he is a committed Clinton hater. Before joining Burton, he was working with Floyd Brown, who created the infamous Willie Horton ad against Michael S. Dukakis in 1988. Bossie also has pushed several Clinton conspiracy theories, including Clinton’s alleged involvement in drug-running operations while serving as governor.

Bossie’s tactics, and Burton’s acceptance of them, caused the committee’s original chief counsel, John P. Rowley III, to quit, citing Bossie’s “unrelenting self-promoting actions.” The current chief counsel, former U.S. Atty. Richard D. Bennett, opposed release of the tape transcripts, but Burton backed Bossie.

Many Republicans reacted with anger and embarrassment at Burton’s missteps. Fellow committee member Rep. Christopher Shays (R-Conn.) spoke for many when he said Burton’s action “calls into question our investigation and reduces our credibility.” House Speaker Newt Gingrich (R-Ga.), after calling the whole fiasco a “circus” during a closed-door session of Republicans, tried in vain to divert attention away from Burton and back to the investigation. Gingrich then decided to distance himself from the mess by telling fellow Republicans to take their complaints to Burton, not the speaker. Even radio talk-show host and GOP mouthpiece Rush Limbaugh called the whole thing stupid.

To many senior Republicans, Burton is too tarnished to continue the Clinton investigation. Watch for big parts of the investigation to be turned over to the House Oversight Committee, whose chairman, Rep. Bill Thomas (R-Bakersfield), is well respected by Washington insiders. By midweek, this was underway.

Ideally, Republicans want to get the whole thing in the hands of Rep. Henry J. Hyde (R-Ill.), chairman of the House Judiciary Committee. Hyde is esteemed by most Democrats and the press. But Hyde must wait for Kenneth W. Starr to issue a report, since the special prosecutor law specifies that information that may lead to impeachment proceedings against the president must go to the Judiciary Committee. So Hyde must, for now, remain on the sidelines.

The Democrats would love to keep the inquiry in Burton’s hands. Not only does he seem incompetent, but the leading Democrat on the committee is Rep. Henry A. Waxman (D-Los Angeles), one of the Democrats’ toughest pit bulls. It is often said, if you want one dog in a fight, let it be Henry. He is driving the GOP nuts with his mastery of committee rules, has a united group of Democrats on the panel and, most important, has an ability to play to the cameras. Remember, this is the same Waxman who brought the CEO’s of the major tobacco companies to their knees. If Waxman can beat big tobacco, little Dan from Indiana is a piece of cake.

Since the Burton committee is split, 26 Republicans and 18 Democrats, Waxman has succeeded in denying Burton the ability to grant immunity to witnesses damaging to Clinton (such action requires a two-thirds vote and therefore some Democratic support). Thomas’s committee, on the other hand, is 2 to 1 Republican, and could grant immunity.

The Burton debacle could not have come at a better time for Clinton, for it drew attention from Starr’s court victory that denied executive privilege to Clinton aides Bruce R. Lindsey and Sidney Blumenthal in their discussions with the president and first lady. Without Burton, Starr would have had his best week since he was named independent counsel.

For Clinton, Burton is a gift that underscores the president’s unbelievable run of luck in this. Sure, he and his people have been masterful at damage control, but let’s face it, luck has had a lot to do with Clinton’s success to date. If you go after a president, you need people of the stature of a Sen. Howard Baker or a Sam J. Ervin Jr. during Watergate. Or a Sen. Fred Thompson (R-Tenn.), whose Senate hearings on campaign finance are looking more and more high-minded.

The stakes in all this are huge and require huge figures to handle them in a way that is seen by the public as fair, thorough and patriotic. This may still happen, if this all ends up in the hands of Hyde, literally and figuratively a huge man. For Clinton, Burton is a dream, but Hyde could prove a nightmare.