Ken Starr

Kenneth Winston Starr (July 21, 1946 – September 13, 2022) was an American lawyer and judge who as independent counsel authored the Starr Report, which served as the basis of the impeachment of Bill Clinton. He headed an investigation of members of the Clinton administration, known as the Whitewater controversy, from 1994 to 1998. Starr previously served as a federal appellate judge on the U.S. Court of Appeals for the District of Columbia Circuit from 1983 to 1989 and as the U.S. solicitor general from 1989 to 1993 during the presidency of George H. W. Bush.

Starr received the most public attention for his tenure as independent counsel while Bill Clinton was U.S. president. Starr was initially appointed to investigate the suicide of deputy White House counsel Vince Foster and the Whitewater real estate investments of Clinton. The three-judge panel charged with administering the Ethics in Government Act later expanded the inquiry into numerous areas including suspected perjury about Clinton's sexual affair with Monica Lewinsky. After more than four years of investigation, Starr filed the Starr Report, which alleged that Clinton lied about the existence of the affair during a sworn deposition. The allegation led to the impeachment of Clinton and the five-year suspension of Clinton's Arkansas law license.

Starr served as the dean of the Pepperdine University School of Law. He was later both the president and the chancellor of Baylor University in Waco, Texas, from June 2010 until May and June 2016, respectively, and at the same time the Louise L. Morrison chair of constitutional law at Baylor Law School. On May 26, 2016, following an investigation into the mishandling by Starr of several sexual assaults at the school, Baylor University's board of regents announced that Starr's tenure as university president would end on May 31. The board said he would continue as chancellor, but on June 1, Starr resigned that second position with immediate effect. On August 19, 2016, Starr announced he would also resign from his tenured professor position at Baylor Law School, completely severing his ties with the university in a "mutually agreed separation", following accusations that he ignored allegations of sexual assault on campus.

Early life and education

Starr was born near Vernon, Texas, the son of Vannie Maude (Trimble) and Willie D. Starr, and was raised in Centerville, Texas. His father was a minister in the Churches of Christ who also worked as a barber. Starr attended Sam Houston High School in San Antonio and was a popular, straight‑A student. His classmates voted him most likely to succeed. In 1970, Starr married Alice Mendell, who was raised Jewish but converted to Christianity. They had three children.

Starr attended the Churches of Christ–affiliated Harding University in Searcy, Arkansas, where he was an honor student, a member of the Young Democrats, and a vocal supporter of Vietnam protesters. He later transferred to George Washington University, in Washington, D.C., where he received a Bachelor of Arts in history, in 1968. While there, he became a member of Delta Phi Epsilon.

Starr was not drafted for military service during the Vietnam War, as he was classified 4‑F, because he had psoriasis. He worked in the Southwestern Advantage entrepreneurial program and later attended Brown University, where he earned a Master of Arts degree in 1969. Starr then attended the Duke University School of Law, where he was an editor of the Duke Law Journal and graduated with a Juris Doctor in 1973.

Legal career

After he graduated from law school, Starr was a law clerk to judge David W. Dyer of the U.S. Court of Appeals for the Fifth Circuit from 1973 to 1974. In 1981 he was appointed counselor to U.S. attorney general William French Smith.

Federal judge and solicitor general

thumb|Official portrait as D.C. Circuit judge

On September 13, 1983, he was nominated by Ronald Reagan to a seat on the United States Court of Appeals for the District of Columbia Circuit vacated by George MacKinnon. He was confirmed by the United States Senate on September 20, 1983, and received his commission on September 20, 1983. He resigned on May 26, 1989.

Starr was the United States solicitor general, from 1989 to 1993, under George H. W. Bush. In 1990, Starr was the leading candidate for the U.S. Supreme Court nomination after William Brennan's retirement. He encountered strong resistance from the Department of Justice leadership, which feared Starr might not be reliably conservative as a Supreme Court justice. George H. W. Bush nominated David Souter instead of Starr.

Starr also considered running for the United States Senate, from Virginia in 1994, against incumbent Chuck Robb, but opted against opposing Oliver North for the Republican nomination.

Independent counsel

thumb|right|Starr with [[Brett Kavanaugh and Alex Azar in the 1990s]]

thumb|right|Starr testifying before the House Judiciary Committee in November 1998

Appointment

In July 1994, Attorney General Janet Reno sought to reappoint moderate Republican Robert B. Fiske to serve as independent counsel, following the passage of the Independent Counsel Reauthorization Act of 1994, which reauthorized the Ethics in Government Act (). At the time, the Special Division of the Court of Appeals for the D.C. Circuit was composed of three judges: David B. Sentelle, John D. Butzner Jr., and Joseph T. Sneed III; the panel comprised two Republicans and one Democrat. In August 1994, the panel appointed Starr to continue the Whitewater investigation. Starr replaced Robert B. Fiske, who had been appointed by attorney general Janet Reno in January. The decision from the court was unexpected.

Starr took the position part-time and remained active with his law firm, Kirkland & Ellis, as this was permitted by statute and was also the norm with previous independent counsel investigations. As time went on, he was increasingly criticized for alleged conflicts of interest stemming from his continuing association with Kirkland & Ellis. When this constitutional question ultimately reached the Supreme Court, the justices unanimously agreed.

Investigation of the death of Vince Foster

On October 10, 1997, Starr's report on the death of deputy White House counsel Vince Foster, drafted largely by Starr's deputy Brett Kavanaugh, was released to the public by the Special Division. The complete report is 137 pages long and includes an appendix added to the Report by the Special Division over Starr's objection. The report agrees with the findings of previous independent counsel Robert B. Fiske that Foster committed suicide at Fort Marcy Park, in Virginia, and that his suicide was caused primarily by undiagnosed and untreated depression. As CNN explained on February 28, 1997, "The [Starr] report refutes claims by conservative political organizations that Foster was the victim of a murder plot and coverup," but "despite those findings, right-wing political groups have continued to allege that there was more to the death and that the president and first lady tried to cover it up." CNN also noted that organizations pushing the murder theory included the Pittsburgh Tribune-Review, owned by billionaire Richard Mellon Scaife, and Accuracy in Media, supported in part by Scaife's foundation. Scaife's reporter on the Whitewater matter, Christopher Ruddy, was a frequent critic of Starr's handling of the case.

Expansion of the investigation

The law conferred broad investigative powers on Starr and the other independent counsels named to investigate the administration, including the right to subpoena nearly anyone who might have information relevant to the particular investigation.

Clinton–Lewinsky scandal, Paula Jones lawsuit

In his deposition for the Paula Jones lawsuit, Clinton denied having "sexual relations" with Monica Lewinsky. The judge ordered that Clinton be given an opportunity to review the agreed definition. Clinton flatly denied having sexual relations with Lewinsky. Later, at the Starr grand jury, Clinton stated that he believed the definition of "sexual relations" agreed upon for the Jones deposition excluded his receiving oral sex. Following his impeachment, the president was acquitted in the subsequent trial before the United States Senate as all 45 Democrats and 10 Republicans voted to acquit.

Second thoughts on DOJ request

In 2004, Starr expressed regret for ever having asked the Department of Justice to assign him to oversee the Lewinsky investigation personally, saying, "the most fundamental thing that could have been done differently" would have been for somebody else to have investigated the matter.

Criticism and political satire

Kenneth Starr was the subject of political satire in the book And the Horse He Rode in On by James Carville.

Post-independent counsel activities

thumb|right|Starr in December 2019

After five years as independent counsel, Starr resigned and returned to private practice as an appellate lawyer and a visiting professor at New York University, the Chapman University School of Law, and the George Mason University School of Law. Starr worked as a partner at Kirkland & Ellis, specializing in litigation. He was one of the lead attorneys in a class-action lawsuit filed by a coalition of liberal and conservative groups (including the American Civil Liberties Union and the National Rifle Association of America) against the regulations created by the Bipartisan Campaign Reform Act of 2002, known informally as McCain-Feingold Act.

On April 6, 2004, he was appointed dean of the Pepperdine University School of Law. He originally accepted a position at Pepperdine as the first dean of the newly created School of Public Policy in 1996. He withdrew from the appointment in 1998, several months after the Lewinsky controversy erupted. Critics charged that there was a conflict of interest due to substantial donations to Pepperdine from billionaire Richard Mellon Scaife, a Clinton critic who funded many media outlets attacking the president. Starr provided his services to Lovitt pro bono. Letters purporting to be from the jurors who determined Morales's death sentence were included in the package sent to Schwarzenegger. Prosecutors alleged that the documents were forgeries, and accused investigator and anti-death penalty activist Kathleen Culhane of falsifying the documents. Eventually, Culhane was criminally charged with forging the documents and, under a plea agreement, was sentenced to five years in prison.

Morse v. Frederick

On May 4, 2006, Starr announced that he would represent the school board of Juneau, Alaska, in its appeal to the United States Supreme Court in a case brought by a former student, Joseph Frederick. On August 28, 2006, Starr filed a writ of certiorari for a hearing with the Supreme Court. On June 21, 2007, in an opinion authored by Chief Justice John G. Roberts, the court ruled in favor of Starr's client, finding that "a principal may, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting illegal drug use."

Blackwater Security Consulting v. Nordan (No. 06-857)

Starr represented Blackwater in a case involving the deaths of four unarmed civilians killed by Blackwater contractors in Fallujah, Iraq, in March 2004.

California Proposition 8 post-election lawsuits

On December 19, 2008, Proposition 8 supporters named Starr to represent them in post-election lawsuits to be heard by the Supreme Court of California. Oral arguments took place on March 5, 2009, in San Francisco. The main issue that arose during the oral argument included the meaning of the word "inalienable," and to which extent this word goes when used in Article I of the Californian Constitution.

The court ultimately held that the measure was valid and effective, but would not be applied retroactively to marriages performed prior to its enactment.

Starr was an advisory board member for the legal organization Alliance Defending Freedom.

Defense of Jeffrey Epstein

In 2007, Starr joined the legal team defending Palm Beach billionaire Jeffrey Epstein, who was accused of the statutory rape of numerous underage high school students. Epstein would later plea bargain to plead guilty to several charges of soliciting and trafficking of underage girls, serve 13 months on work release in a private wing of the Palm Beach jail, and register as a sex offender. Starr said he was "in the room" when then-US attorney Alex Acosta made the deal that yielded the plea bargain for Epstein and later described Acosta as "a person of complete integrity," adding that "everyone was satisfied" with the agreement. Later, journalist Julie K. Brown reported that Starr led a "scorched-earth defense" to try to negotiate a plea deal for Epstein, and a federal judge found that the prosecutors had violated victims' rights by concealing the agreement from the victims and instead urging them to have "patience".

Starr maintained correspondence with Epstein until at least 2017, when he gave advice to Epstein on how Lawrence Krauss should handle the sexual misconduct allegations against him.

Donald Trump impeachment trial

On January 16, 2020, Starr was announced as a member of then-President Donald Trump's legal team for his Senate impeachment trial. He argued before the Senate on Trump's behalf on January 27, 2020. Slate journalist Jeremy Stahl pointed out that as he was urging the Senate not to remove Trump as president, Starr contradicted various arguments he used in 1998 to justify Clinton's impeachment. When Trump was impeached for a second time in 2021, Starr condemned the impeachment as "dangerous" and "unconstitutional".

Baylor University

thumb|180px|right|Starr in November 2021

Starr was the Duane and Kelly Roberts Dean and Professor of Law at Pepperdine University, when on February 15, 2010, Baylor University announced that it would introduce Starr as its newest president. Starr was introduced as the new president on June 1, 2010.

His inauguration was held on September 17, 2010, where Stephen L. Carter was the keynote speaker. Within his first two weeks in office, Starr was "leading the charge" to keep the university in the Big 12 Conference for athletics. Starr was additionally named chancellor of Baylor in November 2013, a post that had been vacant since 2005. He became the first person to hold the positions of president and chancellor at Baylor at the same time.

In September 2015, Baylor's Board of Regents initiated an external review of the university's response to reports of sexual violence to be conducted by the Pepper Hamilton law firm. Baylor had been accused of failing to respond to reports of rape and sexual assault filed by at least six female students from 2009 to 2016. Former football player Tevin Elliot was convicted of rape. Elliot is currently serving a 20-year sentence after his conviction in January 2014. Another student, Sam Ukwuachu, was convicted but has since had that conviction overturned and was retried, only to see it reinstated by the Texas Court of Appeals in 2018. Pepper Hamilton reported their findings to the regents on May 13, 2016, and on May 26, the regents announced Starr's removal as university president, effective May 31.

The May 26, 2016, announcement of personnel changes by the Board of Regents said Starr was to continue as Chancellor and also as a faculty member at Baylor Law School,

Death

In May 2022, Starr was admitted to Baylor St. Luke's Medical Center in Houston, due to an unspecified illness. He died there from complications from surgery on September 13, 2022, at the age of 76.

Bibliography

References

External links

Office of the President at Baylor University
at the U.S. Department of Justice
Cases argued before the Supreme Court at Oyez.org
Lobbyist record (2001–2002) at OpenSecrets
2008 Interview with Kenneth Starr on hossli.com
Report on the Death of Vincent W. Foster, Jr, by the Office of Independent Counsel in Re Madison Guaranty Savings and Loan Association HATI Trust Digital Library, Universities of Michigan and Purdue.