Over the course of 16 hours, prosecutors and FBI agents agonized over whether to charge Hillary Clinton with a crime. In the end, after weighing every ounce of evidence, examining piles of documents and gaming out whether a jury would ever convict her, the group made its wrenching decision: no charges.
Nearly 20 years before FBI Director James B. Comey declared that “no reasonable prosecutor” would bring a criminal case against Clinton over her use of a private email server while secretary of state, Clinton narrowly escaped a similar legal peril amid the Whitewater investigation that engulfed much of her husband’s time as president.
While history remembers the 1990s probe led by independent counsel Kenneth W. Starr for its pursuit of President Bill Clinton over the possibility he had lied under oath about his relationship with intern Monica Lewinsky, internal documents from the inquiry show how close prosecutors came to filing charges at that time against Hillary Clinton. They even drew up a draft indictment for Clinton, which has never been made public.
As in the email controversy of today, Clinton’s honesty was a central question facing investigators in 1998 as they weighed whether what they saw as shifting stories from Clinton amounted to an attempt to cover up misconduct. Like the events of today, Clinton was interviewed for hours by authorities. Unlike the email inquiry, in which Comey said Clinton’s status as a presidential candidate had no effect on the decision not to charge her, documents from the 1990s show how prosecutors weighed whether Clinton’s political popularity would make her more difficult to convict.