When an unwilling Monica Lewinsky sits before the grand jury next week, Ken Starr wants her to consider Whitewater con Susan McDougal -- still languishing in jail because she refused to testify -- and tell him everything. William Ginsburg will fight that threat by trying to get the deal he says Starr reneged on: full immunity for Lewinsky, not just for her courtroom testimony.
"Ginsburg wanted the subpoena quashed," says TIME Washington correspondent Jay Branegan. "But that probably won't happen. So when Monica sits down Thursday and they ask the first question, she'll take the Fifth." Both sides would then retreat to the judge's chamber, where Starr will ask for "use immunity" -- immunity for anything Lewinsky says in court, that day only -- and most likely get it. Which leaves Monica with no legal excuse to keep quiet -- and exposes her to a contempt charge if she still refuses to testify. "Use immunity" isn't the best outcome for Starr. It gives him no guarantee of exactly what Monica will say, which is why he wanted a binding deal in the first place. Even so, it leaves his target with two simple options: Talk, or take the fall.