An Unlamented Passing

Few will lament the expiration Wednesday of the Ethics in Government Act of 1978, which provided for the appointment of an independent counsel to investigate a president or other high government officials when wrongdoing was alleged.

The basic idea was sound; it removed investigations of top officials from the Justice Department, which is headed by a presidential political appointee. But the post-Watergate law was overly broad, covering as many as 200 federal offices. This pulled into its web government employees only peripherally connected to the officials in question.

Worst of all has been the five-year, $50-million, free-ranging term of Kenneth W. Starr. From a failed Arkansas land deal, Starr’s tentacles branched in all directions, culminating in the Monica Lewinsky affair and President Clinton’s impeachment. Everyone questioned by Starr had to at least hire a lawyer; the cost in wasted time and money was huge.

Nevertheless, it would be a mistake for the concept to die without replacement. That could allow a president to try to squelch any Justice Department investigation that got too hot for comfort, just as Richard M. Nixon did during the Watergate probe. What is needed is a narrowly drawn statute under which a counsel could investigate a president, a vice president and a select few others, and only on accusations of irregularities related to their official duties.

Starr aside, the record of independent counsels has been spotty. Former Agriculture Secretary Mike Espy was acquitted late last year of illegally accepting gifts from corporations regulated by his department. His lawyers did not even have to present a case. Unraveling now is an independent counsel’s case against former Housing Secretary Henry G. Cisneros on allegations of lying to the FBI and others about supposed hush-money payments to his former mistress. The woman--the government’s star witness--has admitted she lied in 11 meetings with investigators.

Convictions in some other cases, including the Iran-Contra scandal in Ronald Reagan’s term, were obtained but overturned on appeal.

A bipartisan coalition of senators is proposing a new statute that generally would limit investigations to two years and restrict both spending and the scope of the counsel’s jurisdiction. An alternative proposal by Sen. Fred Thompson (R-Tenn.) would have the attorney general set guidelines--subject to ratification by Congress--for future special counsels. These ideas should be considered.

Meanwhile, Starr’s office continues to function although his final case, against Webster L. Hubbell, apparently has been settled with a plea bargain. This is an appropriate time for Starr to begin closing shop.