European Stars And Stripes (Newspaper) - March 25, 1987, Darmstadt, Hesse                                Aafje 10 columns the stars and stripes wednesday March 25, t987 William Safire Denver s perjury indictment com perhaps you believe that a grand jury at the urging of a special prosecutor has Indk cd Michael Denver for peddling influence specifically far breaking the ethics in government Law which a Lrichs former government officials from immediately lobbying heir sex colleagues. You arc misled. The Independent counsel Whitney North Seymour jr., who was charged by a court to investigate Denver s lobbying failed to per Suade a grand jury that enough evidence Enisley to warrant a charge that the ethics Law had been broken. Instead Seymour has served up Iwa counts of perjury along with three lesser counts of false declaration to add filler to a thin Gruel indictment. This Means that Caver is being accused of lying about a crime that tic is not accused of committing if he had re fused to testify to the Congress and if he had exercised his fifth amendment rights in the grand jury room he would be Home free Back in business Selling Access. Thus at the worst moment Seymour is sending this message to All officials under investigation Don t help the government make its Case. That message is not lost on messes. North poin Dexler and Accord targets of a More special prosecutor consider what this appointee of an oversight appeals court panel has failed to do. One year ago next week these three sentences appeared in this space i ant told that during a trip to South Korea after leaving the White House or Caver called the Csc staff to arrange a meeting Between president Reagan and Kim Kihwan a Trade offi Cial president of the Llhee foundation. Or. Denver s largest client is now South Korea. Says or. A Caver about the report of this Call 1 Don t remember " six weeks later a House com Mittee asked and received the same answer. Two new York times reporters. Martin Tolchin and Stuart Diamond travelled to South Korea and developed that Lead in damning detail. Months later the Trail Cooling Seymour s staff corroborated the Story and that is now count no. T in the government s perjury ten lawyers and four full time Fri t Novas i galore working for 10 months on tip unlimited expense account and what we have to show for it the or Carl Rowan  Clear Maymme bkw7/i up Short he snot name gets a grand jury to infirm the Story and to hold that Dyker should have remembered total Liay needed for that was 60 cents the Jacc of two editions. Iury charge is True the Aye been violated the Tor is to prosecute Vio specific Law. That s what special the old perjury but if that ethics Law i Job of the Lazion of to makes h statute Ems no exercise it is the new ethics government act that must bestow Nib have the Teeth needed to deter Futura fluence peddling. If Ink a Saver j defense counsel Jack mfr has a Good Chance of making a Ikey out of Seymour in court just us stir Liman another Legal heavyweight r in Washington belted the slow food Seymour All Over the ring in a recent new York Case. The essence of perjury is the intent to deceive. Merely telling an untruth is not enough for a conviction a jury must be persuaded that the defendant had Good reason to lie and told an untruth with guilty intent but if there is no underlying Case against Deaver if he is not being charged Wilh breaking the ethics Law then what reason would he have to lie put another Way if a grand jury listening to evidence gathered in 4,200 Man Days by a special prosecutor with an ostentatiously unlisted phone canno find the basis for a charge of possible commission of a crime then Why on Earth would Michael Deaver have to lie about his activities a convenient forget  inadvertent falsehood sure but if there is no crime charged where is the guilty intent to cover up the fancy footwork on the constitutionality of the ethics in government act apparently caused Seymour to choke up to play it Safe Wilh an indictment Only on the Periphery and not the heart of the Case. But after a wide but not deep investigation none of Deaver s Dearest friends in the while House were Trou bled with questions about intercession for clients or useful ambassadorial appointment the Ridl so special prosecutor served the Public badly by ignoring his mandate. Sometimes perjury is the government s Only recourse As in the Aiger Hiss Case but the Central charge should never have been avoided in this test of a new Law. If there is no Case on wrongful dealing Wilh former associates there should be no Case at All Don t want to Sec Mike Denver convicted for spitting on the sidewalk i would have liked to see him tried by a top flight prosecutor for breaking the ethics Taw. New Voyk ram news same Supre Rye court trying to banish aids hysteria this society has Ward a stale of panic in or even exposed to Ai blk lepers of the tale the nation has acc of millions of people merely carry the Virs of the acquired immune d Cheney disease of millions of children being barred Rivale schools of those actually being herded into concentration Nti no to Bury alive prostitutes car Drifting relentlessly to h americans afflicted by ill be declared the banish Cen Laruy. Iding under the ugly Specter icing denied Job because j by from Public and dying of the Dis Camps of Peop trying the Aid the . So Rome court Ihrck a Barrier in front of i Host Falli unto a mob psychology last week when it ruled that t k 1973 Law Banning discrimination against the physics fit handicapped also protects citizens with contagious diseases including aids. Simply put the coun ruled 7-to-2 Hal schools businesses and other institutions receiving Federal funds May not discriminate against people afflicted with contagious diseases including tuberculosis und aids unless Here is sound medical evidence that the diseased employee represents a threat to co workers or others. The biggest beneficiaries of his ruling will be those actually sick Wilh aids and hopefully those carrying the virus a rapidly growing segment of the american and world populations people viewed by some As the plague of our time. The court has said thai these people May not Willy Nilly be made the victims of our ignorance our fears our prejudices and  so if the medical experts Tell us thai a teacher who has had bouts with tuberculosis poses no threat to children we must accept that scientific judgment the court says. If doctors Tell us that no schoolchild or Assembly Tine worker can contract aids through Cas Ual Contact with another student or employee we must live by that medical advice. But can even the supreme court banish the Force of fear of something As dreadful As aids americans Are Reading every Day or hearing on de vision such stories As the . Public health service predicts thai in four years 270,000 americans will be afflicted by aids. The number of americans currently carrying the aids virus is estimated to be 1.5 million and research shows that 4 percent of these will develop the disease within three years 14 percent within five years and 36 percent after seven years. Howard University tests 26 Street prostitutes and finds that half of them Are carrying the aids virus figures even More worrisome than a Miami Survey showing 40 percent of hookers carrying the aids virus. The leaders of this sane and compassionate society ought to commend the court majority for trying la build a Wall against hysteria against letting vigilantes Lake Over from medical people and scientists the Deci Sions As to who can be a functioning member of this society. Bui Noo Coughl to think that either enforcing or obeying the High court s decision will be easy. Aids is going to Kilt a lot More people and fear of aids will drive at least As Many people nuts. The stability of our society will be put 10 a grim Lesl