By DAVID JOHNSTON
and DON VAN NATTA Jr. New York Times
WASHINGTON --
The Justice Department is considering whether to appoint a special
investigative
prosecutor to conduct its inquiry into charges of possible misconduct by
Kenneth W. Starr,
Government officials said Thursday.
One proposal
discussed in recent days is the appointment of a United States Attorney,
possibly one
with solid Republican
credentials, who would supervise a team of Justice Department prosecutors
and F.B.I. agents,
said the officials, who spoke on the condition of anonymity.
Attorney General
Janet Reno, who is traveling in South Africa, has not reached any decision
on the
matter, the
officials said. But in recent days her aides have weighed a variety of
options should the
Attorney General
choose to take the investigation of the independent counsel away from the
Office of
Professional
Responsibility, the Justice Department's ethics unit.
The investigation
will focus on whether Starr's prosecutors improperly coerced witnesses
like Monica
S. Lewinsky,
disclosed grand jury secrets to news organizations and withheld possible
conflicts of
interest from
Justice Department lawyers at the outset of the Lewinsky inquiry.
The discussions
at the Justice Department come in response to a recent exchange of rancorous
correspondence
between department officials and lawyers in Starr's office. In a letter
to Ms. Reno
late last week,
Starr criticized what he regarded as unauthorized disclosures to news organizations
about the Justice
Department's inquiry.
Starr also suggested
that the Justice Department could not be trusted to conduct an unbiased
inquiry,
the officials
said. Today, Charles G. Bakaly 3d, a spokesman for Starr, would not discuss
the matter.
Starr, the officials
said, favors an alternate approach that would shift the inquiry beyond
Ms. Reno's
direct control.
Starr prefers the appointment of a lawyer from outside the Justice Department
who
has broad legal
experience, someone agreed upon by Ms. Reno and Starr.
One name mentioned
by Starr as the kind of candidate with the stature to carry out such an
inquiry
was former Attorney
General Griffin B. Bell, who served under President Jimmy Carter and is
80
years old. A
representative of Bell said Thursday that he was traveling and unavailable
for comment.
Some lawmakers
have also expressed reservations about whether the Office of Professional
Responsibility
should supervise the inquiry. Last Friday, Senator Orrin G. Hatch, the
Utah
Republican who
heads the Senate Judiciary Committee, questioned the impartiality of the
office, one
official said.
In a meeting
with Eric H. Holder Jr., the Deputy Attorney General, Hatch expressed dismay
at news
articles about
the inquiry of Starr's conduct in the Lewinsky matter, the officials said,
adding that
Hatch suggested
that the Justice Department consider alternatives to allowing their office
to carry out
the investigation.
Justice Department officials would not comment on the matter.
Should Ms. Reno
refer the matter to an outside counsel, it would symbolically bring the
Whitewater
investigation
full circle. Depending on the precise powers granted to such a counsel,
Starr and his
prosecutors
could be forced to submit to the kind of intense scrutiny that Starr has
trained on
President Clinton
and White House aides since August 1994.
Still, it is
unclear how much authority would be granted to an outside counsel. There
is no provision in
the law that
permits Ms. Reno to seek an independent counsel to investigate Starr's
operation. But
Justice Department
officials have concluded that under Ms. Reno's statutory authority, she
could
appoint a prosecutor
with the same power that an independent counsel has to convene grand juries
and compel testimony
under oath.
But the officials
said the inquiry, as now envisioned, would probably be administrative rather
than
criminal. As
such, the maximum penalties if wrongdoing is found would probably amount
to no more
than reprimands,
suspensions or dismissals, rather than felony or misdemeanor charges.
Nevertheless,
the lawyer who leads the inquiry would almost certainly ask Starr's prosecutors
to turn
over highly
sensitive information about how they investigated the President.
The question
of whether an Attorney General has the authority to investigate an independent
counsel
is unresolved.
There is no language in the statute that even addresses how an independent
counsel
would be investigated.
Under the law,
the Attorney General is given the sole authority to determine whether to
remove an
independent
counsel.
But Ms. Reno's
aides and Starr's prosecutors have argued for months over whether that
responsibility
also gives her the inherent power to investigate him. This unsettled debate
has stalled
the Justice
Department inquiry of Starr's office, the officials said.
In addition,
the Ethics in Government Act of 1978 provides for the appointment of an
independent
counsel if there
are specific criminal accusations against any individual among about two
dozen
officials who
qualify as "covered officials" in the executive branch, like the President
and Vice
President. Independent
counsels are not among the officials designated as "covered" by the law.
In part, the
officials said, the deliberations at the Justice Department to move the
inquiry beyond the
direct control
of the Attorney General are an attempt to address Starr's concerns that
the department
cannot conduct
an impartial inquiry.
In his letter
of complaint to the department last week, Starr objected to news reports
that disclosed
the scope of
the internal inquiry and the long-running conflict between the independent
counsel's
office and the
Justice Department.
In the past,
Ms. Reno has named senior prosecutors to handle difficult cases. She selected
Michael
R. Stiles, the
top Federal prosecutor in Philadelphia, to head an inquiry into the 1992
Ruby Ridge
standoff in
Idaho. And in 1997, she selected Charles G. La Bella, a senior Federal
prosecutor in San
Diego, to investigate
campaign finance issues.
But finding a
prosecutor with Republican credentials late in the second term of a Democratic
President's
second term could be difficult. One person mentioned as a possible candidate
is Robert
S. Mueller 3d,
the Acting United States Attorney in San Francisco. Mueller, who headed
the Justice
Department's
criminal division during the Bush Administration, said Thursday that he
had heard
nothing about
the matter.
At Starr's office,
prosecutors remain highly suspicious of Ms. Reno, associates of Starr said.
They
challenged the
timing of the department inquiry, saying that it surfaced shortly before
the Senate voted
to acquit Clinton,
at a time when Starr appeared to be politically vulnerable. And they argued
that
some of the
accusations have been publicly known for more than a year.
One associate
of Starr recently called the Justice Department inquiry "politically motivated"
and
wondered aloud
whether an aggressive investigation of Starr had been quietly encouraged
by a
vengeful White
House. Several weeks ago, another associate of Starr predicted that "the
heat would
be turned up"
on the Office of the Independent Counsel after the Senate acquitted the
President.