Deja Vu All Over Again

By Michael Weisskopf/Los Angeles

It should have come as no surprise to independent counsel ROBERT RAY that his decision to convene a new grand jury in the MONICA LEWINSKY case stirred controversy as it leaked out last week. KENNETH STARR's successor had previously had a private lesson in just how polarizing the sex-and-cover-up probe remains 19 months after BILL CLINTON was acquitted of impeachment charges. Legal sources tell TIME that Ray had trouble finding 23 grand jurors who could objectively review evidence of criminal conduct by the President. African Americans, among Clinton's biggest fans, were most reluctant to serve on the Washington panel, said a lawyer outside Ray's office. As result, most of the jurors impaneled last month are white, a rarity in the predominantly black city.

The question of whether to indict Clinton began in 1999, after his acquittal in the Senate. In internal discussions led by Starr, some of his prosecutors noted the difficulty of convicting a popular President, despite what they saw as strong evidence at least of perjury in the PAULA JONES sexual-harassment suit. Others argued against second-guessing a jury and urged pursuing the case on its merits.

Not long after Ray took over last October, he made clear that the Lewinsky probe was open and might result in an indictment of Clinton after he leaves office in January 2001. Ray hired six new prosecutors and other lawyers and spent $3.5 million over the past six months. Clinton, in turn, has grown more strident, decrying the investigation as a political witch hunt. According to legal experts, Ray's decision to convene a grand jury is not a harbinger of indictment. The Lewinsky panel expired a year ago, leaving Ray little choice but to impanel a new one if he hoped to ponder whether to bring charges. Grand juries often serve as rubber stamps for prosecutors, but they can also be used to test a case's viability. A former prosecutor said Ray may "want to see if the case flies" with ordinary Americans like those who would sit in judgment of Clinton. Perhaps the difficulty Ray had finding 23 jurors with an open mind was the first indicator. Ray's office declined comment.

--By Michael Weisskopf/Los Angeles