The Testing of Ken Starr

WASHINGTON: Thanks a lot, Janet. Ken Starr just got the extra burden of investigating one of his key Whitewater witnesses, Arkansas businessman David Hale, and whether he received payments from the right-wing conspiracy (a.k.a. Richard Mellon Scaife). Your jurisdiction specifically encompasses obstruction and witness-tampering matters arising out of your investigation, the Justice Department told Starr Thursday.

But its a tough assignment, not least because of the potential conflict of interest. Scaife is a million-dollar donor to Pepperdine University, Starrs ultimate destination, and they share a number of mutual friends. Then theres the time factor: Starr is in the middle of wrapping up his Whitewater investigation, which expires on May 7. On top of the Lewinsky probe and related court battles, the independent counsel will be hard-pressed to give the Hale allegations the thoroughness they deserve.

Which may be precisely why the Justice Department left the back door open. Starr has the option of referring the Hale case back to Renos men -- and intentionally or not, this has become a test of the prosecutors virtue. Not only is public opinion looking for a sign that hes on the level, so is Janet Reno. Starr will need to choose wisely.