Judge Cites Canadian Ambassador’s Diplomatic Immunity : Envoy’s Deaver Trial Testimony Barred

WASHINGTON — A federal judge ruled Monday that Canadian Ambassador Allan Gotlieb cannot be compelled to testify at the perjury trial of former White House aide Michael K. Deaver.

U.S. District Judge Thomas Penfield Jackson denied independent counsel Whitney North Seymour’s motion to compel Gotlieb to appear in court and quashed the subpoena.

Deaver is accused in a five-count indictment of lying about the extent of his involvement with the acid rain issue before he resigned as White House deputy chief of staff to become a lobbyist for Canada and other clients.

Seen as Indispensable

Seymour said Gotlieb was the only witness who could prove that Deaver lied when he said he could not recall having lunch on Jan. 5, 1985, with the ambassador and his wife, Sondra.

Seymour touched off a diplomatic flap last month when he sent an FBI agent to serve subpoenas on Gotlieb and his wife at the Canadian Embassy. Officials there refused to accept the subpoenas and accused Seymour of violating international law by trying to serve them.

Seymour responded by accusing the Canadian government of “duplicitous” behavior by cooperating with his investigation to satisfy political critics but refusing to provide crucial testimony in the case against Deaver.

Jackson rejected Seymour’s contention that Canada had waived its diplomatic immunity by agreeing to answer written questions posed last year by Seymour.

Trial Set for July 13

Deaver is scheduled to go to trial July 13 on charges that he lied to the grand jury and a House subcommittee that investigated his lobbying business for possible ethics law violations.

In another development, Deaver on Monday asked the Supreme Court to decide the constitutionality of the independent counsel.

A federal appeals court last week refused to consider Deaver’s second challenge to the constitutionality of the statute under which Seymour was appointed by a court to investigate and prosecute the case.