gb e Merato
Jack Anderson
22 Monterey, California • Wednesday, February 1,1989, so<&'22 2%ent\\ Bribery probe muffed
and thie wAS 12zhikistan, 1 Perestrolka,
413
.... what wes THIS? J sir.
Paying Congress 1
r
oxed style
SINCE THIS nation's earliest
years, pay raises for lawmakers
have caused popular resentment.
Citizens who would throw a fit if
their own pay was kept in check
nevertheless rail against the
suggestion that anyone in Con-
gress ever deserves anything.
So deep is this public preju-
dice that members of Congress
can be half forgiven for wanting
to insulate themselves from the
usual dernagoguery that ac-
companies "pay grabs."
That explains why there is a
President's Commission on Ex-
ecutive, Legislative and Judicial
Salaries, which suggested the
latest pay raises for members of
Congress and other public offi-
cials. Backed by both presidents
Reagan and Bush, these in-
creases will take effect a week
from today unless both the
House and Senate pass legisla-
tion block them.
Yet this attempt to avoid po-
litical pain has compounded the
problem. The fact is that the
size of the raises suggested by
the commission ought to be put
to a vote.
The commission recom-
mended a 51 percent increase -
from $89,500 to $135,000 for
most members of Congress. Also
included are pay increases for
some 2,500 top-level federal of-
ficials - including the president
and vice president, Cabinet
members, and federal judges
(ridiculously, even those who
don't work). The total cost is
estimated to be about $76.7 mil-
lion for fiscal 1990.
The rationale was to restore
salaries to 1969 levels as ad-
Nonsense i
SALVADOR Dali, who died
last week at 84, was the last of a
generation of artists who in the
earlier part of this century
painted startling new chapters
in the history of art.
Dali was not the greatest of
an era that included such gen-
iuses as Pablo Picasso, and his
public-relations ability to capi-
talize on his own personal ec-
centricities may have lowered
his place in the eyes of critics
and art historians.
lames J. Kilpatrick
Rulii
WASHINGTON - Sixteen years
have passed since the Supreme
Court's controversial decision in
Roe v. Wade. That was the decision
that struck down the abortion laws
of 40 states and wrote into the
Constitution a brand- .
new interpretation of C.. I
a pregnant woman's
"liberty." Now the 4 0;*
bells are tolling. At- • 4 3
torney General
Richard Thornburgh
predicted last week
that the decision will
be overruled. Presi-
dent Bush called on
Monday for an end to
Kilpatrick
a right of abortion.
The means toward that end are at
hand. Earlier this month the court
El) r MeraiD
Published by Monterey Peninsula Herald Co.
P.O. Box 271, Monterey, Ca., 93942
Phone
Paul Ayars, General Manager
Reginald Henry, Editor
NEWS - Lewis Leader, Associate Editor;
Bob Bullock, News Editor; Susan Bernhardt,
Sunday Editor
EUROPEAN BUREAU - Fernand Auber-
jonois, c/o Reuters, Ltd., 85 Fleet St., London
EC4P 4AJ.
WASHINGTON BUREAU - Patricia Griffith,
Bureau Chief; Michael Woods; Harry Stoffer;
Jack Torry. 955 National Press Bldg.. Wash-
ington, D.C.20045.
ADVERTISING - James Rutledge, Manager;
Alice Burton, Display Advertising Manager; Pam
Dozier, Advertising Sales Manager; Pat Matson,
Classified Telephone Sales Manager; Nanette
Maysonave, Advertising Services Manager.
BUSINESS OFFICE - Frank Damgaard,
Controller; Kenneth Kraft, Assistant Controller.
CIRCULATION - Mark Olson, Director; Sal.
vatore Ursino, Manager; Roy Ulrich, Operations
Manager.
' PRODUCTION - Don Fordham, Manager;
Don Schneider, Camera Foreman; Dick Schle-
singer, Cyposing Foreman; 42 Davison,
Press Fore.yan.
justed for inflation. The com-
mission made it clear that the
pay raises should go into effect
only if members of Congress
stop accepting honoraria - the
fees collected for speeches and -
appearances.
But honoraria, a corrupting
influence, should have been done
away with anyhow. What justi-
fication remains for the pay
raises by themselves?
In the case of unelected public
officials, the case is quite per-
suasive. According to the com-
mission, the average senior of-
ficial in the executive branch
leaves after just 18 months -
lured away, in many cases, by
higher pay in the private sector
Federal judges also make a
big financial sacrifice when they
come on the bench, and their
turnover has become worrisome.
Between 1958 and 1973, there
were only six resignations from
the federal bench. In the next 15 +
years, there were 57.
As for members of Congress,
they work harder than their
critics give them credit for, and
it also true that they have the
added expense of maintaining
two residences. And while it is
impossible to say that we would
necessarily get better con-
gressmen if they had bigger
paychecks, their salaries should ·
reflect the importance of their
job - as a matter of fairness.
But there is a happy medium
to be struck. Members of Con-
gre must also act as good
examples to the nation. Simply
put, a 51 percent raise is much
too much in the shadow of a
giant budget deficit.
:ade sense
But Dali in his surrealistic
paintings, such as the famous
soft-watches painting, "Per-
sistence of Memory," was able
to portray on canvas the psy-
chological insights of Freud and
Jung and thereby captivate a
wider public audience than most
of his peers.
As John Russell of The New
York Times has put it, his me-
ticulous visions of a world
turned inside out made his
audience believe that nonsense
could make the best sense.
g up for re
agreed to hear argument in William
L. Webster v. Reproductive Health
Services. Webster is attorney gen-
eral of Missouri. He is defending a
state law that lays certain re-
quirements on physicians before
they may perform an abortion; the
act prohibits the use of state funds
for "encouraging or counseling a
woman to have an abortion not
necessary to save her life" and it
inhibits abortions in other ways.
Under the act, which was to have
become effective in 1986, a physi-
cian must explain the risks of abor-
tion to his patient. Another section
requires that after the first 16
weeks, all abortions must be per-
formed in hospitals rather than in
outpatient clinics. The record con-
tains testimony that a hospital
abortion costs $2,500, an outpatient
abortion between $350 and $650.
Before the law could become op-
erative, a group of physicians and
nurses sued for summary judgment
declaring it unconstitutional under
the rule of Roe v. Wade. A U.S.
District Court agreed: The law
amounted to an impermissible in-
trusion into the privacy of the
doctor-patient relationship. It
trampled upon rights of free speech.
The 8th Circuit Court of Appeals
affirmed, and the state appealed.
The U.S. solicitor general, siding
with Missouri, has filed a brief say-
ing that if the high court is prepared
to reconsider Roe, "this case pre-
sents an appropriate opportunity to
do so."
In its essentials, the Missouri law
scarcely can be distinguished from
a similar statute in Pennsylvania -
a statute the court nullified three
years ago. But since the Pennsyl-
vania case was decided, the compo-
sition of the court has changed.
As court observers man¥ times
if
·,Allf
David S. Broder
Bush's reh
WASHINGTON - White House
chief of staff John H. Sununu was
just finishing up an anecdote illus-
trating how "the very loose ap-
proach the president wants to take"
is shaping "a much more open
structure" of White
House decision- bil-- 0
making, when .9,
George Bush made LJ
the point for him. VtiTY.
The door to the chief
A 6.
of staff's office .Ch/4-
opened last Friday 14/
and, unannounced, 69/
Bush walked in on ' 1f
the interview in Broder
progress.
"You going over to this thing?" he
asked, referring to the swearing-in
of Secretary of State James A.
Baker III. "Yes," Sununu said. "Do
you want to go now?" "Finish up
what you're doing," Bush said, "and
pick me up when you're ready."
In three decades of White House
interviews, this is the first time I
can recall a president walking to
the office of an aide, rather than
having the aide summoned to the
Oval Office. It illustrated the tone
of openness and access the fledgling
Bush administration set in its first
days.
For the press, it's meant frequent
and lengthy news conferences with
Bush, Sununu and others in the high
command. For members of Con-
gress, especially the opposition
Democrats, it's meant not just sub-
stantive formal meetings but social
events in the White House resi-
dential quarters, including glimpses
of the new first family's bedrooms.
Internally, it's meant that Sununu
has for now shucked off the short
temper and arrogance he often dis-
played in his old job as governor of
New Hampshire. Instead, he has
view
have remarked, more in honesty
than in cynicism, ours is in fact a
government of men, not laws. Roe
was decided by a vote of 7-2, with
Justices Rehnquist and White dis-
senting from the opinion written by
Justice Blackmun.
Of the seven who formed the
majority in 1973, only three remain.
Since then the seats that were oc-
cupied by Burger, Douglas, Stewart
and Powell have gone to JusUces
Stevens, O'Connor, Scalia and
Kennedy. The Constitution hasn't
changed, but the judges have
changed.
White and Rehnquist have vehe-
mently opposed Roe from the very
beginning. White termed the court's
1973 decision "an exercise in raw
judicial power." Rehnquist consis-
tently has regarded Roe not as ju-
risprudence but as legislation.
It is a fair presumption that
Rehnquist and White have not
changed their minds. Justice
O'Connor dissented in the Akron
abortion case of 1983 and again in
the Pennsylvania case of 1986. Her
objections in the latter case went
more to procedure than to the mer-
its, but hers is regarded as a third
vote to overrule. If newcomers
Scalia and Kennedy should be per-
suaded that Roe was a terrible
piece of constitutional law, which it
was, there goes Roe v. Wade, 5-4.
My guess is that in deciding the
Missouri case, a majority will be
mustered that will pay some meas-
ure of deference to the aging Justice
Blackmun. Instead of junking Roe
completely, a way will be found to
preserve a respectable shell. The
states will be accorded power to
discourage abortion and to erect
formidable obstacles in its path, but
at least in the earliest stages of
rpregnancy, abortion may not be
prohibited altogether. V
emphasized the impatience with
bureaucracy that comes naturally to
a hands-on manager accustomed to
dealing with a pocket-sized gov-
ernment.
Sununu suggested that the scene I
had just witnessed indicated why he
was optimistic about being able to
"reduce the bureaucracy and
paperwork in the White House. I tell
the staff, 'If you've got a problem,
don't write a five-page memo. Come
ask. And if I can't answer it... I'll
go in and ask him (Bush) and for the
most part, you'll get your answer
within two hours.' "
"That's wonderful, if it survives
the first big bump," I said, voicing
the skepticism with which Wash-
ington views such assertions.
He replied: "It's easier to survive
the big bumps with a system that is
flexible than one that is rigid. A
rigid system tends to be brittle. A
flexible system can handle the give
and take. People will pull together
much better if the communication
has been taking place on a personal
level than in a more distant, for-
malized way."
There were no big bumps in the
early days, just a couple of gaffes
involving Cabinet members who are
personal favorites of the president.
Secretary of the Treasury Nicholas
Brady set off one by letting mem-
bers of Congress know that he was
considering recommending a fee on
savings accounts as a way of fi-
nancing the savings-and-loan bail-
out. And Dr. Louis Sullivan, the
appointee to head the Department
of Health and Human Services,
aroused the suspicions of conserva-
tives by again intimating that his
private views on abortion may be
more permissive than the presi-
dent's.
It took some quick scrambling to
nudge Sullivan back into line, and to
make it clear that Brady had not
yet sold Bush on his S&L plan. But
in neither case was there a White
House crackdown.
Talking about the congressional
leaks that embarrassed the two
Cabinet members, Sununu said:
"You have to expect that when you
talk to people early, and that's go-
ing to happen again and again...
The president hopes, and everyone
here hopes, it will not inhibit a
continued willingness ...togoup
and consult as early as possible
(with members of Congress)."
Sununu's studied nonchalance is
understandable, since the damage
done to Bush in the Sullivan and
Brady affairs was neither serious
nor long-lasting.
Heavier weather is just ahead,
however, when the bad news in the
Bush budget is conveyed in advance
to the key players on Capitol Hill.
"We're going to prepare people for
some of the tough things we have to
propose (to reduce the deficit),"
Sununu said, "and there will be
selective disclosures... what you
call leaks in this town . . . There will
always be somebody to say we're
not planning to put enough money
into this or that, and we know we'll
have to live through that flurry.
There's no way to avoid it, except
by not having consultation, and
consultation is going to be a hall-
mark of this administration."
Old hands in Washington will nod
wisely and say that if this policy of
openness continues to provide raw
material for anti-Bush sharp-
shooters, the iron curtain will come
down around this White House as it
has around others,
I thought that myself, before Bush
took office, but I am no longer sure
that cynicism is warranted. The new
president's approach to rival politi-
cians (in both parties) and to the
media is so determinedly relaxed
and non-antagonistic that it may
take a lot to end it,
Given the difficulties of dealing
with the nation's problems in a
divided government, it will be a
iblessing if it lasts.
WASHINGTON - There are
plenty of top-notch investigators at
the Defense Department. But last
year the wrong crew was assigned
to check out an anonymous tip that
a former Navy surgeon may have
bribed his way out of
The investigators
first assigned to the
job botched things so
badly that a mop-up
crew is now strug-
'gling to salvage what
remains.
The case involves
Donal Billig, the
Anderson
former heart surgeon
at Bethesda Naval Hospital in
Maryland who was convicted in
1986 of involuntary manslaughter
and negligent homicide in the sur-
gery deaths of three patients. The
Court of Military Review over-
turned the conviction last March.
A month later, an anonymous
caller told the Defense Department
hotline for whistleblowers that
Billig, working with a bagman,
bribed one or more of the judges on
Ithe panel, according to an affidavit
filed in court by the Defense De-
partment.
We already reported that Defense
Department investigators recently
subpoenaed the banking records of
Billig and his wife. Subpoenas are
usually the last step in wrapping up
a bribery probe. Seasoned criminal
investigators often begin by nosing
around quietly to find someone in-
volved in the alleged bribe who can
be scared into testifying against the
others.
But this probe is barely off the
ground and the subpoenas are just
about the only option left to the
Defense Department. The ball was
dropped by Special Inquiries, a
group in the Defense Department
inspector general's office that does
not normally handle criminal in-
vestigations.
Several sources close to the probe
told our associate Stewart Harris
that the man who commands Spe-
cial Inquiries, Stephen A. Whitlock,
spilled the beans about the al-
legations to judges on the Court of
Military Review. Whitlock report-
edly tipped his hand during a meet-
ing with the judges last spring,
shortly after the tipster called and
before investigators had a chance to
make quiet inquiries.
The judges responded by chal-
Jack Smith
Cat con
LOS ANGELES - It is axiomatic
that anything you write about cats
will be controversial. I can think of
no other animal that has so divided
humankind into such hostile camps.
In observing that cats wefe in-
capable of showing
humiliation, I have
provoked the author
John D. Weaver into
vigorous dis-
agreement, to say
the least.
"You are dead
wrong/' he says
simply. "Missy, the
amber-eyed, taffy-
Smith
colored tabby that
moved in with us four years ago is,
as you wrote with your character-
istic accuracy, 'independent, in-
solent, intractable, inquisitive, in-
furiating, morally intemperate and
intellectually inaccessible.' She is
also elegant, haughty and decep-
tive."
(Let me say here that I would
certainly have included "haughty"
among the traits I listed, except
that it doesn't begin with "in". I was
seeking a literary consistency. Also
I have never denied that cats are
elegant and deceptive. They are, in
fact, the most duplicitous of crea-
tures.)
"From my workroom sliding
glass door," Weaver goes on, "I
watch her awaken from a nap with
a gentle, innocent look and then
next morning I'll find a dead blue
jay on the mat outside the door.
Lady Macbeth will be asleep on a
patio chair nearby."
(That seems to bear out my
statement that cats are sinister as
well as deceptive.)
"She pads about the place with a
dignity and grace befitting her an-
cient Egyptian ancestry. The first
time I saw her misjudge a routine
leap from floor to bookcase I was
confronted by the most eloquent
expression of humiliation I'd ever
seen."
Weaver says that, like me, he
admires cats for their independence.
"Missy and I both know damned
well she's never going to fetch me
the morning paper. I grew up on
dogs, but on a recent visit to the San
Diego Zoo the animal that held me
the longest was the wolf. This, I
concluded, is what dogs must have
been like before they sold out."
Perhaps their memory of having
sold out is what makes dogs so
subject to embarrassment, an emo-
tion I personally have never ob-
served in cats, despite Weaver's
Missy.
lenging the right of the inspector
general to investigate them. Then
they appointed their own in-
vestigator who, in an interim report,
said he found no evidence of
wrongdoing.
Early attempts by the Defense
Department to verify the tipster's
allegations met with "mixed re-
sults," according to court papers
filed by the government in support
of the bank record subpoenas. Those
subpoenas may now be the best
chance the government has to re-
solve the case.
Normally, investigators try to
rattle weak links in a suspected
bribery scheme. If someone talks, a
plea bargain is struck in exchange
for testimony against the key play-
ers. Prosecutors also can capitalize
on the divisiveness and confusion
that often breaks out among ner-
vous conspirators.
Inspector General June Gibbs
Brown declined to say why the
Special Inquiries team was put on
the sensitive Billig case from the
outset.
But our sources tell us that Spe-
cial Inquiries was assigned because
Deputy Director Derek Vander
Schaaf wanted a quick turnaround
on the case. Special Inquiries is
supposed to handle allegations of
non-criminal improprieties within
30 to 45 days. Vander Schaaf calls it
his "tiger team." But the team is a
pussy cat when it comes to hard
core criminal investigations.
One source told us the "front
office" - Brown or Vander Schaaf
- failed to correctly gauge the
criminal potential of the case in the
beginning. Early last fall, the case
was finally handed over to the team
that should have had it from the
beginning, the Defense Criminal
Investigative Service.
VETO STRATEGY
President Bush is eager to coop-
erate with the Democrats who con-
trol Congress, but he is quietly pre-
paring to fight them if they get in
his way. Sources close to Bush tell
us that he will compromise, if pos-
sible, but will use his veto to block
legislation he doesn't like ·
Bush has done his arithmetic and
knows there are enough Republicans
in the House to uphold a veto. All he
has to do is keep the Republicans in
line. So he is quietly offering in-
ducements and tightening party
discipline to make his vetoes fool-
proof.
w roversy
Diane Silver insists that cats are
not only capable of embarrassment,
but also of that even more human
emotion - compassion.
"My white, blue-eyed Persian,"
she says, "knowing herself to be by
far more beautiful than the other
cats, never associates with them.
Yet, when she fell off the ironing
board in her sleep, the tortoise shell
that she had snubbed all her life ran
over and 'kissed' her all over her
face. Of course, Frosty stood up and
walked away as if nothing had hap-
pened, and continued to treat poor
Gatita like an unwelcome dust ball.
"Of course," she adds, "cats are
smarter than most men give them
credit for."
Meanwhile, several readers note
that if I want to give our two new
kittens names that reflect both the
eternal feminine and the sinister, I
could do better than Lorelei and
Pandora (which were only ten-
tative).
"Why not Hedda and Louella?"
asks Frank McDonald. "After all,
you're a newspaperman, and you
probably remember all the 'spitting
and clawing' those two did at each
other."
McDonald obviously refers to
those two feline Hollywood gossip
columnists, Hedda Hopper and
Louella Parsons.
Coincidentally, the same two
names are suggested by Anne
Olmstead. "Reading your list of the
characteristics you feel that you
share with cats, the first six sug-
gested two names to me. Independ-
ent, insolent, indolent, intractable,
inquisitive, infuriating - who but
Hedda and Louella?
"Perhaps 'indolent' does not suit
these long-gone but still remem-
bered personalities, and I'm not at
all sure what you mean by 'morally
intemperate and intellectually in-
accessible,' but do at least consider
my offering."
In case anyone else was un-
certain, by "morally intemperate" I
meant promiscuous, and by "in-
tellectually inaccessible" I meant
inscrutable.
Marjorie Gross suggests Sheila
and Lolly, obviously referring to
Louella (Lolly) Parsons and Sheila
Graham, another Hollywood col-
umnist who was the mistress of F.
Scott Fitzgerald. Not bad.
Charles Stearns says he likes
Mandu, the name of a neighbor's
cat, but his own cat is named Fido.
That's a good idea. I might name
one Fido and the other Rover, just
for the incongruity of it.
Might be interesting to see if that
embarrassed them. 4
, OCR Text: gb e Merato
Jack Anderson
22 Monterey, California • Wednesday, February 1,1989, so<&'22 2%ent\\ Bribery probe muffed
and thie wAS 12zhikistan, 1 Perestrolka,
413
.... what wes THIS? J sir.
Paying Congress 1
r
oxed style
SINCE THIS nation's earliest
years, pay raises for lawmakers
have caused popular resentment.
Citizens who would throw a fit if
their own pay was kept in check
nevertheless rail against the
suggestion that anyone in Con-
gress ever deserves anything.
So deep is this public preju-
dice that members of Congress
can be half forgiven for wanting
to insulate themselves from the
usual dernagoguery that ac-
companies "pay grabs."
That explains why there is a
President's Commission on Ex-
ecutive, Legislative and Judicial
Salaries, which suggested the
latest pay raises for members of
Congress and other public offi-
cials. Backed by both presidents
Reagan and Bush, these in-
creases will take effect a week
from today unless both the
House and Senate pass legisla-
tion block them.
Yet this attempt to avoid po-
litical pain has compounded the
problem. The fact is that the
size of the raises suggested by
the commission ought to be put
to a vote.
The commission recom-
mended a 51 percent increase -
from $89,500 to $135,000 for
most members of Congress. Also
included are pay increases for
some 2,500 top-level federal of-
ficials - including the president
and vice president, Cabinet
members, and federal judges
(ridiculously, even those who
don't work). The total cost is
estimated to be about $76.7 mil-
lion for fiscal 1990.
The rationale was to restore
salaries to 1969 levels as ad-
Nonsense i
SALVADOR Dali, who died
last week at 84, was the last of a
generation of artists who in the
earlier part of this century
painted startling new chapters
in the history of art.
Dali was not the greatest of
an era that included such gen-
iuses as Pablo Picasso, and his
public-relations ability to capi-
talize on his own personal ec-
centricities may have lowered
his place in the eyes of critics
and art historians.
lames J. Kilpatrick
Rulii
WASHINGTON - Sixteen years
have passed since the Supreme
Court's controversial decision in
Roe v. Wade. That was the decision
that struck down the abortion laws
of 40 states and wrote into the
Constitution a brand- .
new interpretation of C.. I
a pregnant woman's
"liberty." Now the 4 0;*
bells are tolling. At- • 4 3
torney General
Richard Thornburgh
predicted last week
that the decision will
be overruled. Presi-
dent Bush called on
Monday for an end to
Kilpatrick
a right of abortion.
The means toward that end are at
hand. Earlier this month the court
El) r MeraiD
Published by Monterey Peninsula Herald Co.
P.O. Box 271, Monterey, Ca., 93942
Phone
Paul Ayars, General Manager
Reginald Henry, Editor
NEWS - Lewis Leader, Associate Editor;
Bob Bullock, News Editor; Susan Bernhardt,
Sunday Editor
EUROPEAN BUREAU - Fernand Auber-
jonois, c/o Reuters, Ltd., 85 Fleet St., London
EC4P 4AJ.
WASHINGTON BUREAU - Patricia Griffith,
Bureau Chief; Michael Woods; Harry Stoffer;
Jack Torry. 955 National Press Bldg.. Wash-
ington, D.C.20045.
ADVERTISING - James Rutledge, Manager;
Alice Burton, Display Advertising Manager; Pam
Dozier, Advertising Sales Manager; Pat Matson,
Classified Telephone Sales Manager; Nanette
Maysonave, Advertising Services Manager.
BUSINESS OFFICE - Frank Damgaard,
Controller; Kenneth Kraft, Assistant Controller.
CIRCULATION - Mark Olson, Director; Sal.
vatore Ursino, Manager; Roy Ulrich, Operations
Manager.
' PRODUCTION - Don Fordham, Manager;
Don Schneider, Camera Foreman; Dick Schle-
singer, Cyposing Foreman; 42 Davison,
Press Fore.yan.
justed for inflation. The com-
mission made it clear that the
pay raises should go into effect
only if members of Congress
stop accepting honoraria - the
fees collected for speeches and -
appearances.
But honoraria, a corrupting
influence, should have been done
away with anyhow. What justi-
fication remains for the pay
raises by themselves?
In the case of unelected public
officials, the case is quite per-
suasive. According to the com-
mission, the average senior of-
ficial in the executive branch
leaves after just 18 months -
lured away, in many cases, by
higher pay in the private sector
Federal judges also make a
big financial sacrifice when they
come on the bench, and their
turnover has become worrisome.
Between 1958 and 1973, there
were only six resignations from
the federal bench. In the next 15
years, there were 57.
As for members of Congress,
they work harder than their
critics give them credit for, and
it also true that they have the
added expense of maintaining
two residences. And while it is
impossible to say that we would
necessarily get better con-
gressmen if they had bigger
paychecks, their salaries should ·
reflect the importance of their
job - as a matter of fairness.
But there is a happy medium
to be struck. Members of Con-
gre must also act as good
examples to the nation. Simply
put, a 51 percent raise is much
too much in the shadow of a
giant budget deficit.
:ade sense
But Dali in his surrealistic
paintings, such as the famous
soft-watches painting, "Per-
sistence of Memory," was able
to portray on canvas the psy-
chological insights of Freud and
Jung and thereby captivate a
wider public audience than most
of his peers.
As John Russell of The New
York Times has put it, his me-
ticulous visions of a world
turned inside out made his
audience believe that nonsense
could make the best sense.
g up for re
agreed to hear argument in William
L. Webster v. Reproductive Health
Services. Webster is attorney gen-
eral of Missouri. He is defending a
state law that lays certain re-
quirements on physicians before
they may perform an abortion; the
act prohibits the use of state funds
for "encouraging or counseling a
woman to have an abortion not
necessary to save her life" and it
inhibits abortions in other ways.
Under the act, which was to have
become effective in 1986, a physi-
cian must explain the risks of abor-
tion to his patient. Another section
requires that after the first 16
weeks, all abortions must be per-
formed in hospitals rather than in
outpatient clinics. The record con-
tains testimony that a hospital
abortion costs $2,500, an outpatient
abortion between $350 and $650.
Before the law could become op-
erative, a group of physicians and
nurses sued for summary judgment
declaring it unconstitutional under
the rule of Roe v. Wade. A U.S.
District Court agreed: The law
amounted to an impermissible in-
trusion into the privacy of the
doctor-patient relationship. It
trampled upon rights of free speech.
The 8th Circuit Court of Appeals
affirmed, and the state appealed.
The U.S. solicitor general, siding
with Missouri, has filed a brief say-
ing that if the high court is prepared
to reconsider Roe, "this case pre-
sents an appropriate opportunity to
do so."
In its essentials, the Missouri law
scarcely can be distinguished from
a similar statute in Pennsylvania -
a statute the court nullified three
years ago. But since the Pennsyl-
vania case was decided, the compo-
sition of the court has changed.
As court observers man¥ times
if
·,Allf
David S. Broder
Bush's reh
WASHINGTON - White House
chief of staff John H. Sununu was
just finishing up an anecdote illus-
trating how "the very loose ap-
proach the president wants to take"
is shaping "a much more open
structure" of White
House decision- bil-- 0
making, when .9,
George Bush made LJ
the point for him. VtiTY.
The door to the chief
A 6.
of staff's office .Ch/4-
opened last Friday 14/
and, unannounced, 69/
Bush walked in on ' 1f
the interview in Broder
progress.
"You going over to this thing?" he
asked, referring to the swearing-in
of Secretary of State James A.
Baker III. "Yes," Sununu said. "Do
you want to go now?" "Finish up
what you're doing," Bush said, "and
pick me up when you're ready."
In three decades of White House
interviews, this is the first time I
can recall a president walking to
the office of an aide, rather than
having the aide summoned to the
Oval Office. It illustrated the tone
of openness and access the fledgling
Bush administration set in its first
days.
For the press, it's meant frequent
and lengthy news conferences with
Bush, Sununu and others in the high
command. For members of Con-
gress, especially the opposition
Democrats, it's meant not just sub-
stantive formal meetings but social
events in the White House resi-
dential quarters, including glimpses
of the new first family's bedrooms.
Internally, it's meant that Sununu
has for now shucked off the short
temper and arrogance he often dis-
played in his old job as governor of
New Hampshire. Instead, he has
view
have remarked, more in honesty
than in cynicism, ours is in fact a
government of men, not laws. Roe
was decided by a vote of 7-2, with
Justices Rehnquist and White dis-
senting from the opinion written by
Justice Blackmun.
Of the seven who formed the
majority in 1973, only three remain.
Since then the seats that were oc-
cupied by Burger, Douglas, Stewart
and Powell have gone to JusUces
Stevens, O'Connor, Scalia and
Kennedy. The Constitution hasn't
changed, but the judges have
changed.
White and Rehnquist have vehe-
mently opposed Roe from the very
beginning. White termed the court's
1973 decision "an exercise in raw
judicial power." Rehnquist consis-
tently has regarded Roe not as ju-
risprudence but as legislation.
It is a fair presumption that
Rehnquist and White have not
changed their minds. Justice
O'Connor dissented in the Akron
abortion case of 1983 and again in
the Pennsylvania case of 1986. Her
objections in the latter case went
more to procedure than to the mer-
its, but hers is regarded as a third
vote to overrule. If newcomers
Scalia and Kennedy should be per-
suaded that Roe was a terrible
piece of constitutional law, which it
was, there goes Roe v. Wade, 5-4.
My guess is that in deciding the
Missouri case, a majority will be
mustered that will pay some meas-
ure of deference to the aging Justice
Blackmun. Instead of junking Roe
completely, a way will be found to
preserve a respectable shell. The
states will be accorded power to
discourage abortion and to erect
formidable obstacles in its path, but
at least in the earliest stages of
rpregnancy, abortion may not be
prohibited altogether. V
emphasized the impatience with
bureaucracy that comes naturally to
a hands-on manager accustomed to
dealing with a pocket-sized gov-
ernment.
Sununu suggested that the scene I
had just witnessed indicated why he
was optimistic about being able to
"reduce the bureaucracy and
paperwork in the White House. I tell
the staff, 'If you've got a problem,
don't write a five-page memo. Come
ask. And if I can't answer it... I'll
go in and ask him (Bush) and for the
most part, you'll get your answer
within two hours.' "
"That's wonderful, if it survives
the first big bump," I said, voicing
the skepticism with which Wash-
ington views such assertions.
He replied: "It's easier to survive
the big bumps with a system that is
flexible than one that is rigid. A
rigid system tends to be brittle. A
flexible system can handle the give
and take. People will pull together
much better if the communication
has been taking place on a personal
level than in a more distant, for-
malized way."
There were no big bumps in the
early days, just a couple of gaffes
involving Cabinet members who are
personal favorites of the president.
Secretary of the Treasury Nicholas
Brady set off one by letting mem-
bers of Congress know that he was
considering recommending a fee on
savings accounts as a way of fi-
nancing the savings-and-loan bail-
out. And Dr. Louis Sullivan, the
appointee to head the Department
of Health and Human Services,
aroused the suspicions of conserva-
tives by again intimating that his
private views on abortion may be
more permissive than the presi-
dent's.
It took some quick scrambling to
nudge Sullivan back into line, and to
make it clear that Brady had not
yet sold Bush on his S&L plan. But
in neither case was there a White
House crackdown.
Talking about the congressional
leaks that embarrassed the two
Cabinet members, Sununu said:
"You have to expect that when you
talk to people early, and that's go-
ing to happen again and again...
The president hopes, and everyone
here hopes, it will not inhibit a
continued willingness ...togoup
and consult as early as possible
(with members of Congress)."
Sununu's studied nonchalance is
understandable, since the damage
done to Bush in the Sullivan and
Brady affairs was neither serious
nor long-lasting.
Heavier weather is just ahead,
however, when the bad news in the
Bush budget is conveyed in advance
to the key players on Capitol Hill.
"We're going to prepare people for
some of the tough things we have to
propose (to reduce the deficit),"
Sununu said, "and there will be
selective disclosures... what you
call leaks in this town . . . There will
always be somebody to say we're
not planning to put enough money
into this or that, and we know we'll
have to live through that flurry.
There's no way to avoid it, except
by not having consultation, and
consultation is going to be a hall-
mark of this administration."
Old hands in Washington will nod
wisely and say that if this policy of
openness continues to provide raw
material for anti-Bush sharp-
shooters, the iron curtain will come
down around this White House as it
has around others,
I thought that myself, before Bush
took office, but I am no longer sure
that cynicism is warranted. The new
president's approach to rival politi-
cians (in both parties) and to the
media is so determinedly relaxed
and non-antagonistic that it may
take a lot to end it,
Given the difficulties of dealing
with the nation's problems in a
divided government, it will be a
iblessing if it lasts.
WASHINGTON - There are
plenty of top-notch investigators at
the Defense Department. But last
year the wrong crew was assigned
to check out an anonymous tip that
a former Navy surgeon may have
bribed his way out of
The investigators
first assigned to the
job botched things so
badly that a mop-up
crew is now strug-
'gling to salvage what
remains.
The case involves
Donal Billig, the
Anderson
former heart surgeon
at Bethesda Naval Hospital in
Maryland who was convicted in
1986 of involuntary manslaughter
and negligent homicide in the sur-
gery deaths of three patients. The
Court of Military Review over-
turned the conviction last March.
A month later, an anonymous
caller told the Defense Department
hotline for whistleblowers that
Billig, working with a bagman,
bribed one or more of the judges on
Ithe panel, according to an affidavit
filed in court by the Defense De-
partment.
We already reported that Defense
Department investigators recently
subpoenaed the banking records of
Billig and his wife. Subpoenas are
usually the last step in wrapping up
a bribery probe. Seasoned criminal
investigators often begin by nosing
around quietly to find someone in-
volved in the alleged bribe who can
be scared into testifying against the
others.
But this probe is barely off the
ground and the subpoenas are just
about the only option left to the
Defense Department. The ball was
dropped by Special Inquiries, a
group in the Defense Department
inspector general's office that does
not normally handle criminal in-
vestigations.
Several sources close to the probe
told our associate Stewart Harris
that the man who commands Spe-
cial Inquiries, Stephen A. Whitlock,
spilled the beans about the al-
legations to judges on the Court of
Military Review. Whitlock report-
edly tipped his hand during a meet-
ing with the judges last spring,
shortly after the tipster called and
before investigators had a chance to
make quiet inquiries.
The judges responded by chal-
Jack Smith
Cat con
LOS ANGELES - It is axiomatic
that anything you write about cats
will be controversial. I can think of
no other animal that has so divided
humankind into such hostile camps.
In observing that cats wefe in-
capable of showing
humiliation, I have
provoked the author
John D. Weaver into
vigorous dis-
agreement, to say
the least.
"You are dead
wrong/' he says
simply. "Missy, the
amber-eyed, taffy-
Smith
colored tabby that
moved in with us four years ago is,
as you wrote with your character-
istic accuracy, 'independent, in-
solent, intractable, inquisitive, in-
furiating, morally intemperate and
intellectually inaccessible.' She is
also elegant, haughty and decep-
tive."
(Let me say here that I would
certainly have included "haughty"
among the traits I listed, except
that it doesn't begin with "in". I was
seeking a literary consistency. Also
I have never denied that cats are
elegant and deceptive. They are, in
fact, the most duplicitous of crea-
tures.)
"From my workroom sliding
glass door," Weaver goes on, "I
watch her awaken from a nap with
a gentle, innocent look and then
next morning I'll find a dead blue
jay on the mat outside the door.
Lady Macbeth will be asleep on a
patio chair nearby."
(That seems to bear out my
statement that cats are sinister as
well as deceptive.)
"She pads about the place with a
dignity and grace befitting her an-
cient Egyptian ancestry. The first
time I saw her misjudge a routine
leap from floor to bookcase I was
confronted by the most eloquent
expression of humiliation I'd ever
seen."
Weaver says that, like me, he
admires cats for their independence.
"Missy and I both know damned
well she's never going to fetch me
the morning paper. I grew up on
dogs, but on a recent visit to the San
Diego Zoo the animal that held me
the longest was the wolf. This, I
concluded, is what dogs must have
been like before they sold out."
Perhaps their memory of having
sold out is what makes dogs so
subject to embarrassment, an emo-
tion I personally have never ob-
served in cats, despite Weaver's
Missy.
lenging the right of the inspector
general to investigate them. Then
they appointed their own in-
vestigator who, in an interim report,
said he found no evidence of
wrongdoing.
Early attempts by the Defense
Department to verify the tipster's
allegations met with "mixed re-
sults," according to court papers
filed by the government in support
of the bank record subpoenas. Those
subpoenas may now be the best
chance the government has to re-
solve the case.
Normally, investigators try to
rattle weak links in a suspected
bribery scheme. If someone talks, a
plea bargain is struck in exchange
for testimony against the key play-
ers. Prosecutors also can capitalize
on the divisiveness and confusion
that often breaks out among ner-
vous conspirators.
Inspector General June Gibbs
Brown declined to say why the
Special Inquiries team was put on
the sensitive Billig case from the
outset.
But our sources tell us that Spe-
cial Inquiries was assigned because
Deputy Director Derek Vander
Schaaf wanted a quick turnaround
on the case. Special Inquiries is
supposed to handle allegations of
non-criminal improprieties within
30 to 45 days. Vander Schaaf calls it
his "tiger team." But the team is a
pussy cat when it comes to hard
core criminal investigations.
One source told us the "front
office" - Brown or Vander Schaaf
- failed to correctly gauge the
criminal potential of the case in the
beginning. Early last fall, the case
was finally handed over to the team
that should have had it from the
beginning, the Defense Criminal
Investigative Service.
VETO STRATEGY
President Bush is eager to coop-
erate with the Democrats who con-
trol Congress, but he is quietly pre-
paring to fight them if they get in
his way. Sources close to Bush tell
us that he will compromise, if pos-
sible, but will use his veto to block
legislation he doesn't like ·
Bush has done his arithmetic and
knows there are enough Republicans
in the House to uphold a veto. All he
has to do is keep the Republicans in
line. So he is quietly offering in-
ducements and tightening party
discipline to make his vetoes fool-
proof.
w roversy
Diane Silver insists that cats are
not only capable of embarrassment,
but also of that even more human
emotion - compassion.
"My white, blue-eyed Persian,"
she says, "knowing herself to be by
far more beautiful than the other
cats, never associates with them.
Yet, when she fell off the ironing
board in her sleep, the tortoise shell
that she had snubbed all her life ran
over and 'kissed' her all over her
face. Of course, Frosty stood up and
walked away as if nothing had hap-
pened, and continued to treat poor
Gatita like an unwelcome dust ball.
"Of course," she adds, "cats are
smarter than most men give them
credit for."
Meanwhile, several readers note
that if I want to give our two new
kittens names that reflect both the
eternal feminine and the sinister, I
could do better than Lorelei and
Pandora (which were only ten-
tative).
"Why not Hedda and Louella?"
asks Frank McDonald. "After all,
you're a newspaperman, and you
probably remember all the 'spitting
and clawing' those two did at each
other."
McDonald obviously refers to
those two feline Hollywood gossip
columnists, Hedda Hopper and
Louella Parsons.
Coincidentally, the same two
names are suggested by Anne
Olmstead. "Reading your list of the
characteristics you feel that you
share with cats, the first six sug-
gested two names to me. Independ-
ent, insolent, indolent, intractable,
inquisitive, infuriating - who but
Hedda and Louella?
"Perhaps 'indolent' does not suit
these long-gone but still remem-
bered personalities, and I'm not at
all sure what you mean by 'morally
intemperate and intellectually in-
accessible,' but do at least consider
my offering."
In case anyone else was un-
certain, by "morally intemperate" I
meant promiscuous, and by "in-
tellectually inaccessible" I meant
inscrutable.
Marjorie Gross suggests Sheila
and Lolly, obviously referring to
Louella (Lolly) Parsons and Sheila
Graham, another Hollywood col-
umnist who was the mistress of F.
Scott Fitzgerald. Not bad.
Charles Stearns says he likes
Mandu, the name of a neighbor's
cat, but his own cat is named Fido.
That's a good idea. I might name
one Fido and the other Rover, just
for the incongruity of it.
Might be interesting to see if that
embarrassed them. 4
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