Clouded Presidency Will The Question Of Character Forever Obscure Clinton’s Role In History?

In ruling that Paula Corbin Jones’ sexualharassment suit against President Clinton can proceed, the Supreme Court on Tuesday lit a legal timebomb that could have explosive effects on Clinton’s presidency if it comes to trial before he leaves office.

Although the court left some room for the sitting judge to delay any trial out of respect for the office, a tawdry public airing of Jones’ sensational allegations could erode Clinton’s ability to govern, hurt his standing with the public, and further damage the prestige of his office, analysts said.

Ironically, the ruling came during one of the proudest moments of Clinton’s presidency, when Russia formally agreed to participate in the president’s ambitious NATO expansion plan to guarantee European security in the post-Cold War era.

The high court’s decision put pressure on the president and his attorney, Robert Bennett, either to settle the case out of court or to find new legal strategems that would delay a trial until Clinton leaves office in January 2001.

White House officials expressed surprise at the court’s unanimous ruling against the president. None would comment on the possibility of a settlement with Jones, although sentiment for a negotiated deal rose among Clinton’s supporters as a result of the decision.

In holding that no president was above the law and could be sued while in office, the court took an unprecedented step that some critics feared would expose the presidency to frivolous, debilitating litigation by political enemies in the future.

“The potential for abuse and mischief is somewhat alarming,” said Michael Genovese, presidential scholar at Loyola Marymount University.

Abner Mikva, who served as Clinton’s White House counsel and now teaches at the University of Chicago Law School, disagreed with the decision.

“It’s bad for the institution,” he said. “The court doesn’t give deference to the incredible, unique burdens of the presidency.”

The role of the presidency has already been diminished with the end of the Cold War, the rise of television, the decline of political parties, and the growth of a global economy. It has become a more personal office, stripped of much of its old grandeur.

More immediately, the question is whether Clinton’s unique standing with many voters, especially among women, will be at risk. Americans have long questioned his character, even accepted that he may have been a womanizer, but still largely overlooked such flaws at the polls.

White House officials fear that Americans who now discount the character issue might be less indifferent when witnesses testify and evidence is presented about alleged sexual indiscretions at a highly publicized trial.

Jones has leveled some sensational charges, saying in her suit that in a Little Rock hotel room in 1991, Clinton propositioned her to perform oral sex on him, which she said she refused to do.

She also has said she can identify “distinguishing characteristics” about the president. In a trial, Jones’ lawyers said on Tuesday, they would try to require medical examinations so Jones could verify her story. And, the lawyers said, they would seek to establish a “pattern of conduct” by the president - a sign they would look at other allegations of sexual escapes.

Clinton has denied the charges, or even that he ever met with Jones.

Political analysts said the prospect of a trial could harm Clinton’s ability to govern effectively in his second term and could serve as what Georgetown University presidential scholar Stephen Wayne called “a persistent kind of sore that will fester.”

“You are going to see an erosion of his political capital,” Wayne said.

“It won’t make a huge difference right off, until the details come out,” said Republican political consultant Neil Newhouse. “Even our numbers show Clinton’s approval rating is high, but the numbers are very soft. There’s no enthusiasm for President Clinton out there.”

Newhouse also said Clinton’s political capital to accomplish goals would be diminished, especially with both the Whitewater and fundraising scandals also dogging him.

“There’s no precedent for a president having to actively manage these scandals, while also trying to push an issue agenda,” he said.

Wayne said the case also poses a dilemma for women’s groups who have supported Clinton and helped him win the presidency.

“They have been noticeably silent on Paula Jones’ charges,” he said. “If it was somebody else making charges against a Republican president, they would have been screaming and yelling. It really calls on them to play the game fairly.”

Settling the case out of court is no easy matter for a president who has long battled questions about his credibility.

“If I were in Bill Clinton’s position, I think the best thing to do is settle this, as quickly as possible,” said Martin Medhurst, a presidential scholar at Texas A&M University. “The only thing it can do is erode his credibility. There will come a point when the American public will no longer be forgiving.”

But as a price of settlement, Jones is demanding some admission of guilt by the president, which he has so far been unwilling to grant.

Bennett, in a CNN interview, contended that Clinton would not admit to Jones’ allegations and said the president would not pay a large sum of money to settle the case.

Both sides were close to a settlement three years ago, Davis said, but that fell apart at the last minute when the White House issued a statement saying Jones didn’t have a case. Now, it seems, she does.