When decisions are made or opinions expressed we ought to know when there is a conflict of interest that may twist and taint the source.
This is important when a lawyer acts for a client, when a doctor advises a patient, when a journalist reports on an event, and in all other phases of our life.
We can get some sense of how well we are protected from the poisonous influence of conflict of interest in high places by a look at legal ethics. There we have the most carefully crafted set of conflict of interest rules. So if we don't get protection in the field of legal ethics, we are probably fair game for rip-offs, misinformation and abuses in any other fields because of uncontrolled, unchecked conflicts of interest.
Take the case of Kenneth Starr, the independent counsel, and his catalog of conflicts of interest.
They have been assembled in James Carville's new book, "And the Horse He Rode In On,' an important contribution for anyone who wants to understand the Clinton-Lewinsky Affair and the great impeachment debate. The book is invaluable because it puts in one place the unprofessional, unethical, and improper actions of the Starr and his office.
CONFLICT ONE. Starr undertook pro bono work on behalf of Paula Jones, and actually wrote a pro-Paula friend-of-the-court brief for the U.S. Supreme Court. Apparently this conflict of interest was too gross even for Starr, because after preparing the brief he decided not to submit it. And Carville points out, that Starr "has also done work for an organization funded by his billionaire hard-right friend Richard Scaife -- the so-called Independent Women's Forum." Scaife has also financed, through media outlets, investigations of Clinton. Starr has also represented the Republican National Committee.
These conflicts occurred before Starr was appointed Independent Counsel, but nonetheless create obvious conflicts for someone investigating the Paula Jones case and allegations against Clinton.
CONFLICT TWO. While serving as independent counsel, Starr represented tobacco companies, the sworn enemies of President Clinton.
That's the most outrageous conflict. His long list of clients include many corporations that continuously lobby the federal government and have to appear before agencies that regulate them. Included in that long list are Bell Atlantic, General Motors, Southwestern Bell, and United Airlines. There are probably more serious conflicts, but as of this writing he has not disclosed a full list of his clients.
Starr says that he always sought ethical advice in and out of the independent counsel's office, and he says his continuing his private legal practice was ethical and legal. But his own ethics adviser, Sam Dash, former Watergate counsel, said his activities may be technically legal but they "smell." If activities "smell" that is an appearance of conflict of interest and that is illegal and unethical. Dash also said he would not continue a law practice if he were independent counsel. This "smell" theory was brought out before the House Judiciary Committee and Starr did not question that statement.
Since Starr wrote his book, Starr's ethics adviser, Sam Dash, has resigned because of Starr's advocacy for impeachment before the House Judiciary Committee.
CONFLICT THREE. The Resolution Trust Corporation (RTC), the government agency in charge of liquidating bankrupt savings and loans, was suing Starr's law firm, Kirkland & Ellis, at the very time that Starr was investigating the RTC. Starr claims he was ignorant of the RTC lawsuit, but it was his duty to know the firms clients and litigation so he could avoid such outrageous conflicts of interest.
CONFLICT FOUR. Starr also represented International Paper, "the company that sold land (and lost money on it) to the Whitewater Development Company." Was Starr trying to protect his client, International Paper, by trying to get the president of the United States, and make Clinton responsible for International Paper's loss.
CONFLICT FIVE. Ken Starr joined and continued his membership in right-wing organizations financed by Clinton's enemies or intimately associated with them. For example, Starr is a member of the Washington Legal Foundation, financed by the tobacco companies.
Starr has done paid legal work for the Bradley Organization, financed by Richard Scaife, a leading enemy of Clinton. The Bradley Organization also funds the Landmark Legal Foundation, the Free Congress Foundation, and the American Spectator, all leading anti-Clinton groups.
CONFLICT SIX. "Ken Starr made speeches to anti-Clinton organizations while serving as independent counsel." Starr delivered speeches for a Scaife-funded organization, and for Pat Robertson's Regent University.
CONFLICT SEVEN. Ken Starr accepted a deanship at Pepperdine University, a job funded by Richard Scaife, a leading Clinton enemy and a leading financier of Clinton's enemy.
CONFLICT EIGHT. This conflict may explain why Starr has hounded, persecuted and prosecuted Webb Hubbell. When Starr was Solicitor General (arguing the federal government's cases before the U.S. Supreme Court), and while Hubbell was Associate Attorney General, Hubbell ordered Starr not to argue a case involving Bell Atlantic because of conflicts of interest. Poor Ken Starr can't seem to avoid conflicts of interest. His sensitivity to conflicts of interest is about as good as his public relations sense.
You would think with that array of conflicts of interest, Starr would be barred from serving as independent counsel in an investigation involving Clinton. Starr could hardly be deeper in conflicts of interest if he tried for them. Incidentally, Professor Monroe Freedman, the nation's leading authority on conflicts, agrees that Starr is up to his eyeballs and beyond in conflicts. Yet Starr's getting away with all the conflicts Carville has cataloged. So draw your own conclusion. Here are a few of mine:
(1). Legal ethics is a joke.
(2). The American Bar Association and other legal organizations can't be taken seriously on ethical issues. There has been no great outcry from legal organizations or law professors.
(3). Even the Democrats in Congress have not fully and forcefully made the conflict of interest case against Ken Starr. Someone should have asked Starr, "How would you like the attorney for your sworn enemies be in charge of a criminal investigation that targeted you?"
(4). The national media have largely ignored the conflict of interest questions and the other unprofessional and illegal acts of Starr. As recipients of leaks from Starr, the media doesn't want to blow the whistle on their benefactor.
(5). James Carville, almost alone, is telling the truth about Ken Starr, and he deserves our thanks for writing an important and compelling book.
Herb Denenberg is a former Pennsylvania Insurance Commissioner, professor at the Wharton School, and
Pennsylvania Public Utility Commissioner. He is a member of the Institute of Medicine of the National
Academy of Sciences and is a board member of the Center for Safe Medication Use. He is an adjunct
professor of insurance and information science and technology at Cabrini College. You can write Herb
at POB 7301,St. Davids, PA e-mail him at hdenenberg@aol.com or reach him at his two Web sites:
thedenrep_archive.org or denenbergsdump.org