Source: Probe of Starr Leak Ordered

By JOHN SOLOMON
.c The Associated Press

WASHINGTON (Oct. 3) - A federal judge ordered appointment of an outside expert to assist her investigation into whether Independent Counsel Kenneth Starr's office illegally leaked grand jury evidence, legal sources said.

The sources, who spoke Saturday on condition of anonymity, told The Associated Press that U.S. District Judge Norma Holloway Johnson secretly ordered appointment of a ''special master'' last week in the Monica Lewinsky case.

The move, recommended to Johnson this summer by the U.S. Court of Appeals, is a reminder that while prosecutors already have forwarded to Congress evidence against President Clinton of possible impeachable offenses, their concerns are far from over.

The special master would likely review evidence submitted by Starr to rebut allegations that his office illegally leaked information. The special master, normally a lawyer or law professor, would report to Johnson. The idea is to help the judge decide whether prosecutors should be penalized for any alleged leaks.

Charles Bakaly, a spokesman for Starr, and presidential attorney David Kendall both declined comment. Sources who described the latest ruling are outside Starr's and Kendall's offices.

Clinton's lawyers have tried to make the conduct of prosecutors a central focus, formally accusing them of being sources of news articles that detailed secret testimony and evidence gathered by the grand jury in the Lewinsky case.

Starr's office adamantly has denied improper disclosures.

But Johnson, chief federal judge for Washington, who oversaw the grand jury used by Starr, ruled that defense lawyers for Clinton and other witnesses provided enough evidence of alleged grand jury leaks to justify a show-cause hearing.

In such a hearing, Starr would have to demonstrate why he shouldn't be found in contempt of court. If prosecutors are found to have leaked grand jury information, they could face civil contempt of court penalties such as fines, criminal charges or professional reprimands that could include disbarment.

Starr appealed Johnson's original ruling, in part to prevent Clinton's lawyers from gaining access to grand jury materials and other sensitive investigative information.

The appeals court upheld Johnson overall but said the judge should address Starr's worries about sensitive evidence by reviewing it in private herself or seeking outside help.

The judge could ''appoint a special master or other individual to collect evidence and submit a report to the district court for its review and adjudication,'' the appeals court told Johnson on Aug. 7.

AP-NY-10-03-98 1543EDT

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