Reprinted from The Washington Times , 5am -- April 17, 1998

Jones to appeal dismissal of suit against Clinton


By Frank J. Murray
THE WASHINGTON TIMES


DALLAS

A sobbing Paula Jones Thursday vowed a fight-to-the-finish appeal to protect all women from powerful sexual marauders, and her husband said President Clinton could end the marathon struggle with a simple eight-word admission.
     "Zero dollars to us and the words 'I was there. I was wrong. I'm sorry,'" Stephen Jones told The Washington Times, saying that would satisfy Mrs. Jones' need to hold Mr. Clinton accountable for his actions.
     In her short statement Thursday, Mrs. Jones said, "I believe what Mr. Clinton did to me was wrong and that the law protects women who are subjected to that kind of abuse of power.
     "I have also considered the fact that the court's ruling affects many women other than myself. Despite the continuing personal strain on my family and me, I have not come this far to see the law let men who have done such things dodge their responsibility," she said.
     Mr. Clinton, dogged with questions as he traveled in Chile, and White House officials tried to keep reporters from asking questions.
     Officials told "pool" reporter Warren Strobel of The Washington Times that he would be allowed into a photo opportunity to witness the opening of a meeting between Mr. Clinton and Chilean President Eduardo Frei only if he adhered to Chilean custom and refrained from asking questions.
     After the reporter declined the arrangement, CNN pulled its cameras and crew from the event.
     At a second event, Mr. Clinton ignored four shouted questions. But at his next stop, Mr. Clinton said, "Oh, I don't have an opinion about it. You know, I don't have any comment about it. My comment is I spent my day today with people who are interested in human problems and human promise and not so interested in politics."
     Mrs. Jones choked up 12 seconds into her statement -- after saying she was shocked at U.S. District Judge Susan Webber Wright's dismissal of her lawsuit -- and couldn't regain control during the tearful interruption that lasted a full 45 seconds on live television. Mr. Jones finally stepped up and put a supporting arm around his wife.
     "I do not believe ... that my case will show merely what people in power can get away with," Mrs. Jones said after regaining composure to read her indictment of Mr. Clinton's sexual advances while he was governor of Arkansas and she was a low-ranking state clerk.
     Mr. Jones' description of a statement that would be acceptable to end the case was the most explicit explanation yet of what Mrs. Jones would consider an "apology" that vindicates her.
     "We're not asking for specifics in an admission, just a general statement that restores my wife's name and reputation," he told The Times at a family dinner with three reporters.
     Mr. Jones underscored that such a settlement would be possible if his family could be freed from liens against possible judgments filed by Mrs. Jones' first team of lawyers, Gilbert K. Davis of Fairfax, Va., and Joseph Cammarata of Washington, D.C.
     Another of Mrs. Jones' attorneys, who disputes the validity of those liens, said they would pose no burden if there were no settlement or award to attach.
     "It would not become a personal family debt," the lawyer said.
     Mr. Jones' description of the "I was there. I was wrong. I'm sorry" wording was backed by one of Mrs. Jones' attorneys and by adviser Susan Carpenter-McMillan, whose own controversial role in the case was trimmed Thursday after the news conference she directed.
     Lead counsel Donovan Campbell Jr. publicly outlined only superficial aspects of his strategy, deliberately holding his cards close to his vest even on issues of timing. The deadline for notice of appeal is May 1, but the brief listing grounds and rationale would not be due for months.
     "We do not think that the law permits a male supervisor to expose himself to his female subordinates and ask for sexual favors. There is no one-free-flash rule recognized in the law. Therefore, we believe the dismissal of Mrs. Jones' case was erroneous and will be reversed," Mr. Campbell said.
     Mr. Campbell revealed that his legal team had proposed mediation of the case to avoid a public battle. That was rejected, he said, although he renewed the proposal Thursday.
     "We would be most open to that," Mr. Campbell said.
     Presidential attorney Robert S. Bennett dismissed the appeal decision as the continuation of a malicious effort to humiliate Mr. Clinton without justification.
     "It is unfortunate our legal system can nonetheless continue to be abused by Ms. Jones' political and financial supporters who wish to harm the president," Mr. Bennett said.
     Off-camera changes in the Jones team lineup were made that will minimize Mrs. Carpenter-McMillan's flamboyant style -- a sore point with Mrs. Jones' attorneys since last summer.
     "I'll step back and be doing other things after this week, at least until the appeal is actually heard and again when we go to trial, as I'm convinced we will," Mrs. Carpenter-McMillan said in an interview.
     That announcement was made in writing after the televised news conference. The press release also announced continuation of the moratorium on interviews with Mrs. Jones and detailed a new role for Rutherford Institute President John Whitehead.
     He will move into the legal inner circle, joining Rader, Campbell, Fisher & Pyke partners as "attorney of record."
     That role reportedly also lessens the public role of Mr. Whitehead, who had been in a category described as "of counsel." The Rutherford Institute will continue to serve in that capacity and may increase funding for the case to include grants for payment of some fees as well as expenses that already have cost Rutherford about $300,000.
     Mr. Whitehead said Rutherford is committed to staying the course, even if financial support dries up because of its involvement with Mrs. Jones.
     All press statements and television talk-show commitments now will be coordinated by the Dallas lawyers, who felt the need to control disparate information coming simultaneously from Rutherford headquarters in Charlottesville, Mrs. Carpenter-McMillan's California base and their own office.
     Most of the appeals grounds Mr. Campbell mentioned were raised in his March 13 motion arguing against summary judgment and already had been widely reported. They include imminent rulings at the Supreme Court that could lead to reversal of Judge Wright's dismissal.
     He did not mention another obvious area of legal attack, Judge Wright's refusal in November to reconsider a decision that effectively required Mrs. Jones to offer proof that Mr. Clinton committed "sexual assault."
     That decision equated Mrs. Jones' 14th Amendment-violation claim involving "due process" with her separate "equal protection" claim.
     "Equal protection has a far higher evidentiary threshold, which Judge Wright ruled that Mrs. Jones failed to meet. Lawyers pleading sexual harassment prefer to argue a violation of what is called "substantive due process" rather than meet the rigid standards of the civil rights act's Title VII on "discrimination" which currently requires proof of a "tangible job detriment" caused by refusal to engage in sexual relations.
     Thursday's announcement made clear that an appeal was less of a foregone conclusion than widely believed. Mrs. Jones' decision was formally made Wednesday night after a six-hour meeting with her volunteer lawyers at Rader, Campbell.
     Mrs. Jones said she always felt the grounds for appeal were strong but anguished over the impact on her husband and their two sons, Stephen Madison Jones III, 4, and Patrick Corbin Jones, 18 months.
     "I had to consider the stress on my family," she said, but she said she also weighed the impact of Judge Wright's ruling on other women if it is left to stand.
     Most of Wednesday's meeting involved review of a lengthy "detailed engagement agreement" setting out terms and responsibilities during an appeal process that could last from one to two years.

Copyright 1998 News World Communications, Inc.

Reprinted with permission of
The Washington Times.

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