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Order to Subpoena Pres. Clinton as a Whitewater Trial Witness

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US District Court
Eastern District of AR, Western Div

No. LR-CR-95-173

United States of America


James B. McDougal, Jim Guy Tucker
and Susan H. McDougal


"Currently pending before the Court is the request of defendants Susan H. McDougal and James B. McDougal for an order of this Court directing the Clerk of the Court to issue a witness subpoena for President William Jefferson Clinton to appear and give testimony during the trial of this matter which is scheduled to commence on March 4, 1996.

After cautiously and heedfully reviewing defendants' request, the Court is persuaded that the request is made in good faith and is reasonable; that the expected testimony of the President is relevant to some of the issues to be litigated in this action; and that the anticipated testimony of the President is vital in affording defendants a fair trial and an adequate defense. Accordingly, defendants' request is granted and the Clerk of this Court is authorized to issue the requested subpoena.

In an effort to avoid the likelihood that the President's personal appearance will have a negative impact on his ability to perform his duties as the Chief Executive of this Nation, the Court directs defense counsel to communicate with counsel for the President and coordinate a schedule for the President's appearance. If, however, it is concluded that the President's personal appearance is not tenable, counsel are directed to consider other options for presenting the President's testimony, for example, via video tape or satellite.

The Court further finds that any costs incurred in implementing this order shall be borne by the Government.

IT IS SO ORDERED this 5th day of February, 1996."

Signed George Howard, Jr.
United States District Judge


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