Hubbell Indictment Dismissal Hinges on `Use Immunity'

By Murray, Frank J. | The Washington Times (Washington, DC), July 2, 1998 | Go to article overview

Hubbell Indictment Dismissal Hinges on `Use Immunity'


Murray, Frank J., The Washington Times (Washington, DC)


The dismissal of federal grand jury indictments before trial is rare - even on Fifth Amendment grounds - but Webster L. Hubbell benefited yesterday from the key exception the Supreme Court allows.

The high court has put a heavy burden of proof on prosecutors who force a witness to testify and then charge him with a crime.

Such prosecutors must prove they didn't use evidence obtained under "use immunity," not even as leads to other evidence.

U.S. District Judge James Robertson's decision in the Hubbell case may give the justices an opportunity to decide whether papers surrendered by a witness have the same protection as testimony.

Independent Counsel Kenneth W. Starr said last night he will argue in his appeal that "production immunity" for documents is different from "use immunity," and that Judge Robertson departed from a circuit court precedent as well as from two rulings in U.S. District Court for the District of Columbia.

Mr. Hubbell delivered 13,120 pages of documents under subpoena. Associate Independent Counsel Stephen Binhak argued at a hearing last Friday that immunity didn't cover records delivered under subpoena, so long as the grand jurors weren't told their source.

"That's real scary," Judge Robertson, who was appointed to the bench by President Clinton, replied. Yesterday, he put his reaction in more legalistic terms, calling the subpoena for documents "the quintessential fishing expedition" that turned Mr. Hubbell "into the primary informant against himself" despite assurances his testimony would not be used against him.

Defense lawyers hailed the decision. "They tried to wiggle around the rule on `use immunity' and got caught using the results of the deal they made," said New York defense attorney Robert Fogelnest, a former president of the Association of Criminal Defense Lawyers.

"Dismissal before trial on this basis is very rare, but generally the government acts with more integrity and doesn't try this stuff," said Mr. Fogelnest, who is not involved in the Whitewater case, but has criticized tactics of Mr. Starr.

Former White House aide Oliver North benefited from a court decision that "use immunity" given to him by Congress was abused by prosecutors, but that case differs sharply from the guidelines on a grand jury investigation. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Hubbell Indictment Dismissal Hinges on `Use Immunity'
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.