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Note: The comments and questions on this page came from people who visited this website. Please feel free to send your comments and questions to Professor Brenner (brenner@udayton.edu). She will respond privately, and may ask permission to post your message on this page. No one's e-mail will be used without first obtaining their permission, and names and e-mail addresses are removed before a comment is posted. Starting in 2002, the responses posted to the site indicate which of us replied: The initials SWB mean Professor Brenner wrote the response; the initials LES mean Professor Shaw wrote the response. We are also putting the year down, to indicate when the response was posted. If no initials appear, Professor Brenner wrote the response.

 

Why did the President have attorneys when he testified before the grand jury?

I did not think that someone who was being investigated by a grand jury was allowed to have defense counsel. why was President Clinton allowed to have his defense attorneys at the grand jury hearing?

Response: It was an extraordinary procedure, and it worked for this reason: The grand jury subpoenaed the President, but he and his lawyers worked out an arrangement by which he agreed to testify voluntarily, as a result of which Starr withdrew the grand jury subpoena. The theory then seems to have been that because he was testifying voluntarily, rather than under the coercion of a subpoena, he could ask, and Starr could agree, to let him have his attorneys present during his testimony.

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