Spite Is Not Justice

Speculation is running high that Robert W. Ray--Kenneth W. Starr’s successor as Whitewater independent counsel--is pondering an indictment of President Clinton on criminal charges after Clinton becomes a private citizen Jan. 20. Why else would Ray seek to interview former White House intern Monica S. Lewinsky sometime this month?

Ray refused to comment, but spokeswoman Lynda Flippin said, “We are seeking to resolve this matter shortly after the president leaves office.” Let’s make it easy for Mr. Ray: Decide now that nothing would be gained from indicting Clinton on perjury or any other charge emerging from his infamous liaison with Lewinsky in the White House. Announce this decision sooner rather than later and then immediately conclude the seemingly endless, and largely fruitless, pursuits of the counsel’s office.

Ray has said there is an important principle involved: that not even the president is above the law. Americans know that. Clinton has been subjected to a unique brand of punishment, the infamy of being indicted and impeached by the U.S. House of Representatives two years ago and being subjected to a trial in the Senate. Not even Richard M. Nixon went through that. The Senate’s acquittal reflected strong public feeling on the matter: Americans abhorred Clinton’s actions but did not want him removed.

Clinton still enjoys high job ratings, but most don’t like him personally. Most believe he probably committed perjury and possibly obstruction of justice, but there is no clamor for his prosecution. What would be the purpose? To force a confession from Clinton again after he admitted--albeit grudgingly--the Lewinsky affair in possibly the most embarrassing presidential moment in television history? The matter already has sullied his presidency for as long as he is remembered. Nor is it likely that any jury would vote to convict him.

Ray said last June that a decision to indict also should depend on whether there is a substantial federal interest in bringing a case. At the end of the exhaustive, exhausting six-year quest of the Whitewater counsel’s office, there clearly is not. Congress has even done away with the concept of independent counsel investigations, having let the authorization for the office expire. (Ongoing investigations are permitted to reach completion.)

Only one goal might be achieved by indicting citizen Clinton on criminal charges: a measure of vindictiveness. That is not in the spirit of American justice, and it certainly serves no federal purpose. It would also be a waste of the public dollar. Enough.