Clients from hell.

• Author: McMenamin, Michael

Mr. President, you should have listened to us.

The decision in the Paula Jones case. came as a big surprise. It shouldn't have. Heaven knows we here at REASON tried to do our civic duty, unpleasant as it was, nearly four years ago - we told President Clinton how he could beat the rap with minimal political fallout. (See "Defending The President," August/September 1994, available at www. reason. com/9408/mcmenamin.html.)

Did he listen? Judge for yourself. Rather than fork over the price of a REASON subscription, Clinton chose (a) to hire one of Washington's highest-priced lawyers with, at the time he was hired, precious little experience in sexual harassment law, and (b) to spend in excess of $4 million in legal fees for what should otherwise have been a routine case costing him less than $100,000. In the process, Clinton has placed his presidency in peril. And for what? While it couldn't happen to a more deserving guy, it didn't have to be this way. At REASON, we don't need hindsight to conclude that Clinton unwisely chose to utilize Nixonian strategy and tactics while ignoring his strongest issue - sexual harassment law was on his side, even if Paula was telling the truth. Indictment or impeachment looms large over his lame-duck presidency as a consequence.

What REASON said on quid pro quo harassment: Jones claims [she was given] a job transfer and failed to receive merit pay increases in retaliation for having turned Clinton down. Most of what we will need should be found in Jones's personnel file with the Arkansas state government. If it contains a legitimate, non-discriminatory reason for her transfer, we are halfway home....As for the pay claim, there already have been news reports that Jones received at least one merit increase and three cost-of-living increases in less than two years. If we can prove all this, her quid pro quo claim is in deep trouble.

What Judge Susan Wright said: "The Court has carefully reviewed the record in this case and finds nothing in plaintiff's employment records, her own testimony, or the testimony of her supervisors showing that plaintiff's reaction to Governor Clinton's alleged advances affected tangible aspects of her compensation, terms, conditions, or privileges of employment."

What REASON said on hostile environment sexual harassment: Our argument here is that what Clinton is claimed to have done is not, repeat not, illegal sexual harassment. Boorish, bad taste, clumsy - but not illegal.... Clinton's...