A Test of Fairness

The House Judiciary Committee is expected to vote today, probably along party lines, to make public the videotape of President Clinton’s testimony to a grand jury about his relationship with Monica Lewinsky. That testimony provided much of the basis for independent counsel Kenneth W. Starr’s finding in his report to Congress that Clinton lied under oath, a possible ground for impeachment.

At some point most of the material Starr sent to Congress is likely to be made public, as it should be. On an issue of such paramount national importance, the public has the right to reach its own informed conclusions. But how that material is released could be crucial in testing whether the Judiciary Committee is, as promised, going about its work fairly.

Republicans who have seen the Clinton videotape say it shows an evasive and unconvincing dissembler who, after nearly four hours of testimony, explodes in anger. That is precisely why they are eager to rush the tape into the public domain. It depicts Clinton in a context he cannot control and puts his responses to detailed questions about his relationship with Lewinsky up against the now familiar contradictory testimony summarized in the Starr report. The tape apparently further casts doubt on the claims by Clinton’s lawyers that, even though he did not tell the whole truth, he did not technically perjure himself.

The immediate question is whether the videotape ought to be released before other relevant grand jury testimony and supporting evidence is also made public. Certainly the tape is a central document in this matter. It exists because Clinton, after refusing for months to testify before the grand jury, finally agreed to do so through closed-circuit television. So the video record of his appearance is a matter of his own choosing. No other witness, so far as is known, was similarly recorded. By showing Clinton’s demeanor, not least his discomfort, the videotape adds a unique dimension to the transcript.

At some point--and that point need not be far off--the videotape should be made public. It is an intrinsic part of this whole sordid business, a key piece of evidence that exists only because Clinton insisted on testifying to the grand jury without appearing personally before it. But how the tape is released is of key importance.

Just a few days ago congressional leaders and Judiciary Committee members assured the public that the impeachment process would be conducted responsibly and free of partisanship. Now comes an undisguised partisan push to release a single piece of embarrassing evidence, well before any hearing on the impeachment process has even been scheduled. The political motivations behind this effort are unlikely to raise the public’s confidence in the fairness of what is about to unfold. Republicans who seek to damage the president by the precipitate release of the videotape should pause to consider what harm their hasty action could be doing to the integrity of the momentous process Congress is about to begin.