DATE=7/17/98 TYPE=BACKGROUND REPORT NUMBER=5-40953 TITLE=SECRET SERVICE / GRAND JURY TESTIMONY BYLINE=NICK SIMEONE DATELINE=WASHINGTON CONTENT= VOICED AT: INTRO: THE CHIEF JUSTICE OF THE UNITED STATES HAS CLEARED THE WAY FOR U-S SECRET SERVICE AGENTS TO TELL A GRAND JURY WHAT THEY MAY KNOW ABOUT PRESIDENT CLINTON'S PERSONAL LIFE. THE GRAND JURY IS INVESTIGATING WHETHER THE PRESIDENT HAD SEX WITH A FORMER WHITE HOUSE INTERN AND THEN TRIED TO GET HER TO LIE ABOUT IT UNDER OATH. SECRET SERVICE AGENTS GUARD THE PRESIDENT ROUND-THE-CLOCK. AND THE FACT THAT THOSE AGENTS CAN NOW BE CALLED TO TESTIFY ABOUT A PRESIDENT'S PRIVATE MOMENTS HAS RAISED A DEBATE OVER WHETHER THIS COULD JEOPARDIZE WHITE HOUSE SECURITY IN THE FUTURE. CORRESPONDENT NICK SIMEONE TAKES A LOOK AT THE ISSUE. TEXT: THE SECRET SERVICE AGENTS WHO PROTECT THE PRESIDENT ARE ANYTHING BUT SECRET. IN FACT, THEY SPEND MORE TIME WITH THE PRESIDENT THAN ANYONE EXCEPT HIS FAMILY. EVERY TIME THE PRESIDENT LEAVES THE WHITE HOUSE, AN ENTOURAGE OF SECRET SERVICE AGENTS IN BUSINESS SUITS IS AT THE READY TO PROTECT HIM; THEY CAN BE SEEN SPEAKING INTO TINY MICROPHONES WORN ON THEIR WRISTS, LISTENING INTO EARPHONES AND CONSTANTLY SCANNING CROWDS FOR POTENTIAL THREATS. THESE AGENTS ARE EVEN TRAINED TO TAKE AN ASSASSIN'S BULLET, IF NECESSARY, TO SAVE THE PRESIDENT'S LIFE. THE U-S SECRET SERVICE ARGUES THAT IN ORDER TO DO ITS JOB, IT MUST HAVE THE PRESIDENT'S COMPLETE TRUST -- AND IT SAYS THAT TRUST COULD BE LOST IF AGENTS ARE FORCED TO REVEAL WHAT THEY MAY HAVE SEEN OR HEARD DURING THE PRESIDENT'S PRIVATE MOMENTS. THIS WAS THE CORE OF THE GOVERNMENT'S ARGUMENT: THAT SECRET SERVICE AGENTS SHOULD BE SHIELDED FROM TESTIFYING BEFORE THE GRAND JURY INVESTIGATING THE PRESIDENT. IF NOT, THE ARGUMENT GOES, PRESIDENT CLINTON OR ANY FUTURE PRESIDENT COULD DECIDE TO MOVE OUT OF THE RANGE OF AGENT PROTECTION IF HE FEARS PERSONAL MATTERS COULD BECOME PUBLIC. LARRY SHEAF IS A FORMER DEPUTY DIRECTOR OF THE SECRET SERVICE. // SHEAF ACT // THE SECRET SERVICE, TO PERFORM ITS DUTIES AS REQUIRED BY LAW, MUST BE IN A POSITION TO COVER AND EVACUATE THE PRESIDENT IN TIMES OF ATTEMPTED HARM OR DANGER. AND IF THE PRESIDENT IS CONCERNED THAT THE CONVERSATIONS THAT HE IS HAVING COULD SOMEHOW END UP WITH AN AGENT TESTIFYING ABOUT THOSE CONVERSATIONS, HE'S NOT GOING TO WANT THE AGENT THAT CLOSE TO HIM AND THEY WON'T BE ABLE TO PERFORM THEIR JOB. // END ACT // FORMER PRESIDENT GERALD FORD IS AMONG THOSE WHO BELIEVE SECRET SERVICE AGENTS SHOULD TESTIFY WHEN CALLED BY AUTHORITIES IN CRIMINAL PROCEEDINGS. JOHNATHAN TURLEY IS A PROFESSOR OF LAW AT GEORGE WASHINGTON UNIVERSITY. // TURLEY ACT // WE'VE LONG REJECTED THIS MODEL OF A PERSONAL GUARD FOR THE PRESIDENT. IN THIS COUNTRY, THE SECRET SERVICE HAVE A DUTY THAT RUNS TO THE PUBLIC -- NOT TO THE PRESIDENT AS A PERSON -- AND THEIR DUTY FIRST AND FOREMOST IS TO UPHOLD THE LAW AND TO PROTECT THE PRESIDENT FROM THE CRIMES OF OTHERS, NOT FROM HIS OWN POTENTIAL CRIMES. // END ACT // BUT THE ISSUE IS NOT SO CLEAR IN THE INVESTIGATION INTO WHETHER PRESIDENT CLINTON BROKE THE LAW IN HIS SWORN DENIALS OF AN AFFAIR WITH MONICA LEWINSKY. SECRET SERVICE AGENTS MAY HAVE SEEN OR HEARD THE PRESIDENT TALKING TO THE FORMER INTERN -- BUT THEY MAY HAVE SEEN NOTHING MORE THAN THAT. SO SHOULD AGENTS IN THIS CASE BE FORCED TO TESTIFY? AGAIN, FORMER DEPUTY SECRET SERVICE DIRECTOR LARRY SHEAF: // SECOND SHEAF ACT // AT THE TIME, IT JUST WASN'T A CRIME WHAT THEY MAY HAVE OVERHEARD OR WHAT THEY SAW. NOW, (SINCE THE PRESIDENT HAS DENIED AN AFFAIR UNDER OATH) IT HAS BECOME THAT WAY, DOWN THIS LONG, CONVOLUTED ROAD. FOR INSTANCE, YOU COULD HAVE AN EX-PRESIDENT AND HIS WIFE IN DIVORCE COURT AND ALL OF A SUDDEN THE (SECRET SERVICE) AGENT GETS BROUGHT IN TO TESTIFY IN THE DIVORCE FOR SOMETHING HE WITNESSED THAT AT THE TIME CERTAINLY WAS NOT A CRIME. NOW IT'S BECOME AN ISSUE IN A CIVIL SUIT. AND THE AGENTS JUST SHOULD NOT HAVE TO PUT UP WITH THAT NOR SHOULD THE PRESIDENT OR THE PROTECTEE HAVE TO WORRY ABOUT THAT. // END ACT // EVEN THOUGH AGENTS HAVE NOW BEEN FORCED TO APPEAR BEFORE THE GRAND JURY IN THE MONICA LEWINSKY MATTER, THE SECRET SERVICE MAINTAINS NONE OF THEM HAS INCRIMINATING EVIDENCE THAT COULD BE USED AGAINST THE PRESIDENT. (SIGNED) NEB/NJS/RRM 17-Jul-98 5:49 PM EDT (2149 UTC) NNNN Source: Voice of America .