Fallout from the Clinton Wars

The Seattle Times offers this explanation for why President Bush sought legal counsel from a private attorney.

Georgetown University law professor Paul Rothstein cautioned against "overstating" the possibility of Bush's personal involvement in the leak. But he said the president's decision suggested, at least, that Bush might be anticipating a grand-jury appearance.

"My eyebrows went up when I heard about it," Rothstein said. "I think we have to read this move as some kind of feeling that there's some chance, no matter how remote, that there may be some personal liability on the president's part, or that someone might try to suggest there is."

White House officials declined to explain why Bush contacted Sharp. They also refused to say whether other top officials had sought legal advice, although a spokesman for Cheney left the impression that the vice president had consulted a lawyer.

Bush's need to rely on a private attorney, rather than White House counsel, may have its roots in the legal troubles of former President Clinton.

Faced with possible prosecution in the Whitewater probe, Clinton turned to the White House counsel for help, thinking his consultations would be kept secret under traditional attorney-client privileges.

But two federal appeals courts ruled in 1997 and 1998 that presidential communications with White House counsel weren't privileged when they were about personal, rather than governmental, matters. The rulings changed the presidency forever.

"It means the president needs his own lawyer if he's going to talk about personal liability, whether it's civil or criminal," Rothstein said.