With Webster Hubbell looking on from the gallery, the Supreme Court on Tuesday debated whether the fallen Justice Department official should have been prosecuted using information he turned over to the Whitewater independent counsel under a grant of immunity.

Several justices signaled their sympathy for Hubbell, with Justice Anthony Kennedy stating at one point, “There is a very serious problem of prosecutorial overreaching” in the case. Justice David Souter also indicated that a broad rule allowing the use of immunized documents against a defendant would lead to an “inquisitorial system” in America. Despite the skepticism, it was unclear whether Hubbell will be able to garner a majority of justices on his side.

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