Prosecutors drop wiretapping charges against Tripp

May 24, 2000
Web posted at: 4:17 p.m. EDT (2017 GMT)

ELLICOTT CITY, Maryland (CNN) -- Maryland state prosecutors Wednesday dropped two felony charges against Linda Tripp for allegedly making illegal wiretaps of telephone conversations with her former friend, Monica Lewinsky.

The action came less than two days after the clarification of a ruling from Howard County Circuit Court Judge Diane Leasure, who denied a request from prosecutors that could have allowed additional testimony from Lewinsky. The judge concluded earlier this month that the former White House intern did not make a credible witness, leaving prosecutors concerned about their ability to make their case.

"We believe her, the court does not and that resolves the matter," Maryland State Prosecutor Stephen Montanarelli said in a statement released Wednesday. "There are no other witnesses to the conversation whom the state can call to testify, and Tripp cannot be compelled to testify."

Independent Counsel Ken Starr had reached immunity deals not only with Tripp but also with Lewinsky, and Maryland prosecutors had to demonstrate their ability to develop an independent case that did not solely rely on evidence the two women gave to Starr's office.

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Montanarelli maintained Wednesday that Lewinsky could independently recall when the taped conversation took place because she and Tripp had just received subpoenas for their depositions in the Paula Jones sexual harassment case.

"This was an extremely important and memorable event in her life which was, shortly after it occurred, published in detail in the national news media," said Montanarelli, who added that Lewinsky recalled a meeting with Vernon Jordan, a friend of President Bill Clinton, that same day.

Wednesday's announcement ends the only criminal case against a major figure in the White House that led to the 1998 impeachment and subsequent acquittal of the president.

"There's no appeal," assistant state prosecutor Mike McDonough told CNN Wednesday. "The judge has ruled. We considered her effect on the case and we can't proceed under this restriction."

Leasure had issued a ruling May 5 allowing the case to go forward, but with Lewinsky's proposed testimony limited to whether she granted consent to allow Tripp to record telephone conversations between the two.

In those phone calls, Lewinsky revealed details of her affair with Clinton, which led to the federal investigation of the president.

Under Maryland law, it is illegal to record telephone calls without consent. Tripp was accused of recording and disclosing the contents of calls made from her home in Columbia, Maryland, about 20 miles from Washington.

In pre-trial activity, defense lawyers were rebuffed in their efforts to have the indictment thrown out on grounds that the charges relied on protected evidence developed by Starr in his federal probe.

The judge held hearings to examine whether state prosecutors built an independent case, and Leasure's subsequent ruling suppressed certain evidence that failed the test -- including most of what Lewinsky would have told a jury.

Maryland prosecutors filed a May 12 request for clarification of Leasure's order limiting any Lewinsky testimony. Monday, McDonough said that since Lewinsky can testify she never granted permission to be recorded, she should also be allowed to validate the specific conversation prosecutors would use as evidence.

The judge late Monday disagreed, and said her order stands as written.

The Associated Press and Reuters contributed to this report.