European Stars And Stripes (Newspaper) - February 13, 1988, Darmstadt, Hesse                                Page 10 columns the stars and stripes Tom Wicker an expert offers his True facts on Iowa vote As returns flowed in from the Iowa caucuses i was privileged to Sil before a television set with or. . Allala. The incumbent Holder of inc literary digest chair of current and near term anthropology at nostradamus University. Or. Attall had agreed 10 share his interpretation Al the returns Del sively with readers of this column after first measuring them at 1.201 percent of registered republicans who say they will take part in the South Carolina caucuses on March a if it does t rain thai Day. Drattell is not a Man of impulse and by 7 to p.m., before anything had been decided outside the Savery bar in pcs Monics. He was willing Only to suggest thai though Iowa was not entirely representative it beat Mississippi in that regard and Hawaii too. As the evening wore on. He was not failed by Gary Hart s finish out of the Money and out of the percentages. Just name recognition he explicated. Only one of the evening s developments seemed to Surprise this nerveless political exc Csc. That was when the Rev. Pat Robertson displayed in clerical umbrage through his smile because Tom Brokaw called him a television evangelist a bigoted slur Robertson declaimed. Or. Attall Shook his head in near disbelief. Hell pay for that the astute analyst averred. Never underestimate the bigot vote in this  the  finish of George Bush in the re publican caucuses was of Lillic interest to or. Attall who perceived it As Only what was coming to a Man who firs denounced then embraced voodoo economics. George stepped in a Little voodoo Doo Doo in a stale where Only 3 percent of High school graduates with Bank accounts in ice a of i hair credit card bal ances know whal voodoo is the celebrated political wizard elucidated. Or Doo Doo either. Bush May be Able to come Back Only if he Ean persuade Dan rather to interview Pat Robertson and Call him a television evangelist As for Bob Dole or. Attall was willing to live with the unassailable fact that this Barefoot Kansas lad from Pennsylvania Avenue had become the front run Ner by winning the votes of 40.661 republicans in his neighbor slate of Iowa. But he demurred Ai the conventional Wisdom Hal Jack Kemp had either been Hurt or helped depending on which expert you talked to last by finishing fourth with 11 percent of Republican caucus Ocra huddling Anthony Lewis for him. Kemp is unaffected inc nostradamus luminary expounded. He went in with not much going for him and he came out with not much going Fornix the average a part later displayed his or her most tortured reasoning in trying to make Heads or tails of the democratic race in which Richard Gephardt Paul Simon and Michael Dukakis demonstrated thai none of them could win As Many As a third of Iowa democrats. In tact As practically none of the other deep thinkers were willing to Point out All the democratic Candi dates put together won the votes of less than is per cent of the stale 538,939 democrats. Or. Attall. However went to the heart of the matter before night inc could even get on the air. There Are both Heads and tails in that crowd he opined. And scientifically you can t Tell them apart. But the big Winner is Bruce Babbitt because now he can quit honorable and go Back to Arizona before he gels any further into  Jesse Jackson with 11 percent of the vote appeared to some observers to have won three while voters for every Black voter assuming that All Black voters 3 percent of those participating in democratic caucuses voted for him. Did this mean. Or. Attall was invited to construe that Jackson would Gei Lorce White voters for every Black voter in say Alabama Louisiana and Georgia not to mention Mississippi and the two carolina1? unwilling As always to make snap judgments. Or. Attall pondered the matter before postulating history Don not appear to support that  As inc evening ended he was presented this puzz of Bush received Only 20,194 Voles because he is associated with president Reagan who it unpopular in Iowa should t Bush have received the support of Iowa republicans who do like Reagan Why in Stead did exit polls show that two of every three of inc 26,761 who voted for pal Robertson were Rea Gan supporters or. Allala essayed no answer. I m a scientist he alleged not one of these Tea Leaf  y a trim no Bent Independent counsel decision tips the balance judicial activism is a term of special abuse in Modem conservative rhetoric. Judges who protect individual Liberty in constitutional cases arc accused of distorting history disrespecting elected legislators and ignoring the practical a cedi of government. A Case of activism run riot is now Al hand. A court gave a novel Reading 10 the words of the Constitution ignored practical experience and overturned Congress solution to a serious recurring problem of government. But this time conservatives did not Corn Plain because the decision advanced one of their causes increasing inc Power of presidents. The decision struck Down the Taw thai Calls for Judi Cial appointment of Independent counsels to investigate alleged wrongdoing by Federal officials. A panel of Hel s. Court of appeals in Washington dividing 2-1, found last month thai the provision for judges to pick the counsels violated a president s constitutional prerogatives. The Constitution says that. Subject to Senate confirmation the president Hall appoint certain named High officers and others established by Law. La then adds but the Congress May by Law Vest the appointment of such inferior officers As icy think proper in he Ore Sidcot alone in inc courts of Law or in the Heads 01 departments that  clause seems with rare explicit Cru. To let Congress do exactly whal in did in this Case have a court make the appointments. Moreover the clause May be the clearest in the Constitution in Leav ing a judgment to Congress discretion to do whal in thinks  judge Laurence h. Silberman found otherwise in an 98-Page opinion. He said first thai an Independent counsel was Noi an inferior officer although the scope of his or her authority is strictly limited by the attorney general. But even if he was the opinion Laid the statute was unconstitutional. The Plain meaning of the constitutional provision for court appointment of officials was not enough Silberman said. That clause had to be read against the constitutional design of a Strong unitary Cuculic. Prosecution of Federal criminal Law is a Coree cd live function Silberman said. A president acting through the Callowey general must therefore be Able to supervise Federal prosecutors. But these Independent pros Ccuin report to a court not to the attorney Gener Al. As a matter of history Silberman s argument is unconvincing. Through the first decades of the United Stales the attorney general was a part time official who did no supervising of Federal prosecutors around the country. They were essentially lawyers on their  first Congo is considered having prosecutors appointed by judges As state prosecutors commonly were. Until very recently Federal courts made Tempo Rary appointments of . Attorneys when the offices were vacant and nobody thought that system was unconstitutional. Then Iacre is pipe Renee. Congress passed the inde pendent counsel Law and just reenacted it because of the demonstrated danger of having executive officials investigate themselves. It has worked most often benefiting officials charged with wrongdoing because they were convincingly cleared by Independent coun Sel. The Only constitutional solution is impeachment of a president. Silberman said. Fear of impeachment would Force him to ice to proper investigation of i associates. In Short if a Michael Caver is suspected of influence peddling or an Edwin Meuse of cronyism the Only Way to Force a real investigation is to threaten president Reagan with impeachment. Can Silberman be serious the Constitution Justice Robert h. Jack son said is not a suicide  was appointed by Reagan at was the cot league who joined him. But nobody can think he decided the Case on partisan grounds. The danger is far More serious. His whole opinion reflected the royalist Outlook of today s conservatives the worship of presidential  Gerald Gunther of the Stanford Law school one of the country s most widely respected constitutional scholars made the Point when i asked him about the Independent counsel decision. In Stu distressing he said an Extension of the idea that the constitutional separation of Powers a an Assurance of an increasingly unlimited executive Power. The concern of the Framen was not a rigid organization Chart out her said. Separation of Powin was part of their design to avoid excessive Power any where. So you worry about where the real risk lies. You worry about Cheeks and balances."1 a Watn h�m�f6 Hie opinion expressed in the columns and cd Loiti on Ihu we represent those of the Uthon and it ism my to be considered Ai representing Ibe views of the Savl jul stripes or be United Stit gain Umill