If an
admitted liar testifies to presidential perjury, compare
it with drug cases in which admitted dealers go free.
Perhaps you were shocked when you first heard the
term "testilying," the term New York police officers
used to describe their routine practice of lying on
he witness stand in drug cases. Sadly, perjury is routinely
practiced in American courts.
Today, perjury is center stage in American political
life, as the Senate begins the impeachment trial of
President Clinton.
If any witnesses are heard in this unique trial, the
star would be Monica Lewinsky, who has admitted she
committed perjury. Every aspect of this trial--procedure,
judge, prosecutors, jury, punishment--will deviate from
criminal trials in American courts, with one critical
exception. Routinely in drug cases and other trials,
the star witness cuts a deal with the prosecution. The
impeachment trial's sole similarity to the typical criminal
case is that Lewinsky, a potential defendant, has cooperated
with the prosecution in exchange for favorable treatment.
Across America, witnesses and prosecutors engage in
an awkward dance--flirting and threatening, hinting
and cajoling, offering and countering. Prosecutors signal
what they want to hear; witnesses intimate whom they
can finger in their testimony. The juicier the testimony,
the better the deal. Witness freedom is purchased with
testimony. Testimony is paid for with freedom. As in
so many cases, until the prosecutors made a deal with
her, Lewinsky, the star witness, wouldn't snitch on
the principal target of the prosecution. When a co-defendant
testifies for the prosecution, the prosecutor insists
they are being truthful, but when the co-defendant testifies
on her own behalf, she is necessarily challenged as
a liar.
Witnesses facing criminal charges usually can't bargain
from strength. Most low-level offenders, in truth, have
little to offer prosecutors. The only exception to a
federal mandatory minimum drug sentence is reserved
for defendants who provide "substantial assistance"
in the prosecution of others. The prospect of a mandatory
sentence of 10 years or more, however, is often a powerful
stimulus to the imagination. In a perversion of justice,
the drug kingpins who have the best information cut
the best deals by turning in their underlings and providing
essential assistance to prosecutors seeking to "smash"
a drug ring. The horror of this sordid, little known
but common practice will be unveiled in a chilling documentary,
"Snitch," this evening on PBS' "Frontline."
In Washington, the House of Representatives hopes
to present testimony before the Senate of an admitted
liar to establish that the president is a perjurer.
This is like thousands of drug cases in which an admitted
drug dealer testifies for the prosecution that someone
else is a drug dealer, and earns his freedom in doing
so.
Kenneth Starr has been criticized for setting a "perjury
trap," in which he obtained the immunized testimony
of Lewinsky before the president testified under oath.
But there is an everyday "perjury trap" faced by drug
defendants when witnesses against them buy years off
their prison sentences by testifying falsely so they
can be certain to satisfy prosecutors to whom they are
providing "substantial assistance."
Tragically, the confluence of mandatory minimum sentences
and the "substantial assistance" exception for informants
has led to unbelievably and unconscionably long sentences
for minor drug offenders. Many federal judges have condemned
these sentences from the bench and in resolutions adopted
by every federal judicial council. Judges call these
cases "manifestly unjust."
A rationale of the impeachment trial is that to maintain
the integrity and respect of our system of justice,
no one, not even the president, can be held "above the
law." But it must also be true that no one can be held
"below" the law by unjust procedures that lead to routine
dishonesty and injustice.
Eric E. Sterling (esterling@cjpf.org), counsel for
the House Judiciary Committee From 1979 to 1989, was
responsible for drafting the mandatory minimum sentences
for drug cases in 1986. Copyright 1999 Los Angeles Times.