Furthermore, Smith was clearly unfriendly to the prosecution, although called to testify as a prosecution witness. He is suing the top Whitewater prosecutor, Independent Counsel Kenneth Starr, because Starr allegedly told reporters that Smith had pled guilty to a felony in the Whitewater affair. Smith actually pled guilty to a misdemeanor charge of conspiring to misapply a bank loan. He's demanding a public apology from Starr. But in the meantime, he's waiting to be sentenced, which means the prosecution still has a sword over him.
Prosecutors make recommendations on sentences.
And there might be something out there they could mount a felony charge on, if angered. All of that should have warned people that Smith's testimony would not be the jolly scrap they might have hoped for. The possibility of prison for oneself and one's acquaintances takes the humorous starch out. Smith's stint on the witness stand was a grim piece of work. When asked about his children, or his guilty plea, he had trouble speaking at all.