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Thursday, Oct. 27, 2005 1:18 p.m. EDT

Patrick Fitzgerald Brings New Legal Standard to D.C.

For better or worse, Leakgate Special Counsel Patrick Fitzgerald has brought a new legal standard to Washington, D.C. - where he is said to be readying indictments against top White House officials based on false statements they made to investigators about a crime that may have never happened.

Though such a prosecution by Fitzgerald could certainly be legally justified, allegations similar to those currently under consideration for indictment - as well as other potential crimes that are far more serious - were seldom if ever prosecuted during the 1990s.

Here's a short list of potential criminal violations for which prosecutors decided not to file indictments during the Clinton administration.

• Lying under oath to a federal judge - a crime U.S. District Court Judge Susan Webber Wright determined that President Clinton committed in the Paula Jones sexual harasssment case. Legal resolution: No criminal indictment.

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  • Lying under oath to a federal grand jury - as Independent Counsel Ken Starr found President Clinton had done in the Monica Lewinsky investigation. Legal resolution: No criminal indictment.

• Lying under oath both to Congress and to federal investigators - as Independent Counsel Robert Ray concluded that Mrs. Clinton had done in the Travel Office probe. Legal resolution: No indictment

• Hiding evidence from Starr's Whitewater investigation - as the Senate Banking Committee concluded Mrs. Clinton did in the case of her missing Rose Law firm billing records. Legal resolution: No criminal referral, no indictments.

• Trading presidential pardons for finanical contributions - which President Clinton allegedly did in the Pardongate case. Legal resolution: No indictments.

• Trading presidential clemency for votes in a federal election - as President Clinton allegedly did with village elders in New Square, NY - which backed Mrs. Clinton's 2000 Senate candidacy 1400 to 12. Legal resolution: No indictments.

• Nuclear missile guidance technology allegedly traded by the Clinton adminsitration to China in exchange for campaign contributions. Legal resolution: No indictments.

• The Illegal gathering of confidential FBI files on political opponents - as the Clinton White House did in the Filegate case. Legal resolution: No indictments.

• Misusing the IRS to audit political opponents - as the White House allegedly did with numerous conservative organizations, as well as with witnesses against the Clintons. Legal resolution: No indictments.

• Hiring private detectives to intimidate and/or smear potential witnesses in the Starr investigation. Legal resolution: No indictments.

• Illegally leaking Linda Tripp's confidential personnel file to the press. Legal resolution: No indictments.

Too bad Patrick Fitzgerald was otherwise engaged when all of the above transpired.

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