Law scholars duel over the Paula Jones lawsuit

Article Abstract:

Lawyers for Pres Clinton's side in the Paula Jones case argue for a temporary postponement of civil litigation until after the presidential term of office on separation of powers grounds, while those for Jones's side contend that the temporal immunity Clinton claims would eliminate the mechanism ensuring his obedience to the law his office empowers him to execute. Jones's lawyers want Pres Clinton to detail how each demand on him would interfere with his presidential obligations and the court to use its discretion to prevent any disruption of the office.

Civil procedure

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Paula Jones case lacks urgency for trial now

Article Abstract:

Paula Jones' sexual harassment case for Pres Bill Clinton while he was governor of Arkansas need not go to trial now because the presidential schedule leaves virtually no free time and litigation is a very time-consuming affair. Moreover, the relief Jones is suing for, money damages for alleged past offenses, can be granted in the near future or after the presidential term is concluded. Such a result in the Jones case would not be the first time the Supreme Court has placed the public good over individual fairness.

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Jones suit shows gag weakness; judges generally regard leak investigations as futile

Article Abstract:

Judges issue gag orders so that the rights of the defendant and jury impartiality will be protected, but rarely order investigations of leaks occurring in spite of these gag orders because this might distract from the underlying case. Judge Susan Webber Wright's refusal to enforce her gag order in the Paula Jones-Clinton case is an example. Alleged leaks from lawyers in the civil case are hindering the fairness of the criminal investigation, since the criminal investigation and civil case overlap so much.

Analysis, Gag orders

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