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Ken Starr
Ken Starr
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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.

Key Information

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.[1][2][3] 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.[4] The board said he would continue as chancellor, but on June 1, Starr resigned that position with immediate effect.[5] 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",[6] following accusations that he ignored allegations of sexual assault on campus.[4] On January 17, 2020, Starr joined President Donald Trump's legal team during his first impeachment trial.[7][8]

Early life and education

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Starr was born near Vernon, Texas, the son of Vannie Maude (Trimble) and Willie D. Starr, and was raised in Centerville, Texas.[9][10] His father was a minister in the Churches of Christ who also worked as a barber.[11] Starr attended Sam Houston High School in San Antonio and was a popular, straight‑A student. His classmates voted him most likely to succeed.[12][13] In 1970, Starr married Alice Mendell, who was raised Jewish but converted to Christianity.[14][15][16] They had three children.[17]

Starr attended the Churches of Christ–affiliated Harding University in Searcy, Arkansas, where he was an honor student, a member of the Young Democrats,[12] and a vocal supporter of Vietnam protesters.[18] 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.[19]

Starr was not drafted for military service during the Vietnam War, as he was classified 4‑F, because he had psoriasis.[20] 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.[21]

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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.[16] From 1975 to 1977, he clerked for chief justice Warren E. Burger of the U.S. Supreme Court.[16]

In 1977, Starr joined the Washington, D.C., office of the Los Angeles–based law firm Gibson, Dunn & Crutcher (now Gibson Dunn).[22] In 1981 he was appointed counselor to U.S. attorney general William French Smith.[16]

Starr was a member of the Federalist Society.[23]

Federal judge and solicitor general

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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.[24]

Starr was the United States solicitor general, from 1989 to 1993, under George H. W. Bush.[24]

Early 1990s

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When the United States Senate Select Committee on Ethics needed someone to review Republican senator Bob Packwood's diaries, the committee chose Starr.[25] 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.[26] 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.[27]

Independent counsel

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Starr with Brett Kavanaugh and Alex Azar in the 1990s
Starr testifying before the House Judiciary Committee in November 1998

Appointment

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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,[28] which reauthorized the Ethics in Government Act (28 U.S.C. § 593(b)).[29] 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.[30][31] Starr replaced Robert B. Fiske, who had been appointed by attorney general Janet Reno in January.[32][33] The decision from the court was unexpected.[34]

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.[35][36] As time went on, he was increasingly criticized for alleged conflicts of interest stemming from his continuing association with Kirkland & Ellis.[35] Kirkland, like several other major law firms, was representing clients in litigation with the government, including tobacco companies and auto manufacturers.[37] The firm itself was being sued by the Resolution Trust Corporation, a government agency involved in the Whitewater matter. Additionally, Starr's own actions were challenged because Starr had, on one occasion, talked with lawyers for Paula Jones, who was suing Bill Clinton over an alleged sexual harassment.[37] Starr had explained to them why he believed that sitting U.S. Presidents are not immune to civil suit.[37] When this constitutional question ultimately reached the Supreme Court, the justices unanimously agreed.[citation needed]

Investigation of the death of Vince Foster

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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.[38] 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."[39] 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.[40] Scaife's reporter on the Whitewater matter, Christopher Ruddy, was a frequent critic of Starr's handling of the case.[41]

Expansion of the investigation

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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.[42] Starr would later receive authority to conduct additional investigations, including the firing of White House Travel Office personnel, potential political abuse of confidential FBI files, Madison Guaranty, Rose Law Firm, Paula Jones lawsuit and, most notoriously, possible perjury and obstruction of justice to cover up President Clinton's sexual relationship with Monica Lewinsky.[43] The Lewinsky portion of the investigation included the secret taping of conversations between Lewinsky and coworker Linda Tripp, requests by Starr to tape Lewinsky's conversations with Clinton, and requests by Starr to compel Secret Service agents to testify about what they might have seen while guarding Clinton. With the investigation of Clinton's possible adultery, critics of Starr believed that he had crossed a line and was acting more as a political hit man than as a prosecutor.[42][44]

Clinton–Lewinsky scandal, Paula Jones lawsuit

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In his deposition for the Paula Jones lawsuit, Clinton denied having "sexual relations" with Monica Lewinsky.[45] On the basis of the evidence provided by Monica Lewinsky, a blue dress stained with Clinton's semen, Ken Starr concluded that this sworn testimony was false and perjurious.[45][46]

During the deposition in the Jones case, Clinton was asked, "Have you ever had sexual relations with Monica Lewinsky, as that term is defined in Deposition Exhibit 1, as modified by the Court?" The definition included contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of a person with an intent to arouse or gratify the sexual desire of that person, any contact of the genitals or anus of another person, or contact of one's genitals or anus and any part of another person's body either directly or through clothing.[46][45][47] The judge ordered that Clinton be given an opportunity to review the agreed definition. Clinton flatly denied having sexual relations with Lewinsky.[48] 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.[45]

Starr's investigation eventually led to the impeachment of President Clinton, with whom Starr shared Time's Man of the Year designation for 1998.[43][49] 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.[50]

Second thoughts on DOJ request

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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.[51]

Criticism and political satire

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Kenneth Starr was the subject of political satire in the book And the Horse He Rode in On by James Carville.[52]

Post-independent counsel activities

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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.[53] Starr worked as a partner at Kirkland & Ellis, specializing in litigation.[54] 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.[55]

On April 6, 2004, he was appointed dean of the Pepperdine University School of Law.[56] 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.[57] 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.[40] In 2004, some five years after President Clinton's impeachment, Starr was again offered a Pepperdine position at the School of Law and this time accepted it.[56]

Death penalty cases

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In 2005, Starr worked to overturn the death sentence of Robin Lovitt, who was on Virginia's death row for murdering a man during a robbery in 1998.[58] Starr provided his services to Lovitt pro bono.[58] On October 3, 2005, the Supreme Court denied certiorari.[58]

On January 26, 2006, the defense team of convicted murderer Michael Morales (which included Starr) sent letters to California governor Arnold Schwarzenegger requesting clemency for Morales.[59] 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.[59] Lead defense attorney David Senior and his team soon withdrew the documents.[59] Ultimately, clemency was denied, but the falsified documents were not used in the rationale.[60] Eventually, Culhane was criminally charged with forging the documents and, under a plea agreement, was sentenced to five years in prison.[61]

Morse v. Frederick

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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.[62] A high school student at that time, Joseph Frederick unfurled a banner at a school-sponsored event saying "Bong Hits 4 Jesus" as the Olympic torch was passing through Juneau, before arriving in Salt Lake City, Utah, for the 2002 Winter Olympics.[62] The board decided to suspend the student.[62] The student then sued and won at the U.S. Court of Appeals for the Ninth Circuit, which stated that the board violated the student's first amendment right to free speech.[62] On August 28, 2006, Starr filed a writ of certiorari for a hearing with the Supreme Court.[63] 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."[64]

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

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Starr represented Blackwater in a case involving the deaths of four unarmed civilians killed by Blackwater contractors in Fallujah, Iraq, in March 2004.[65]

California Proposition 8 post-election lawsuits

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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.[66] Opponents of the measure sought to overturn it as a violation of fundamental rights, while supporters sought to invalidate the 18,000 same-sex marriages performed in the state before Proposition 8 passed.[66] Oral arguments took place on March 5, 2009, in San Francisco.[67]

Starr argued that "Prop. 8 was a modest measure that left the rights of same-sex couples undisturbed under California's domestic-partner laws and other statutes banning discrimination based on sexual orientation," to the agreement of most of the judges.[67] 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.[67] Christopher Krueger of the attorney general's office said that inalienable rights may not be stripped away by the initiative process. Starr countered that "rights are important, but they don't go to structure ... rights are ultimately defined by the people."[68]

The court ultimately held that the measure was valid and effective, but would not be applied retroactively to marriages performed prior to its enactment.[69]

Starr was an advisory board member for the legal organization Alliance Defending Freedom.[70]

Defense of Jeffrey Epstein

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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.[71] 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.[72] 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.[73] Later, journalist Julie K. Brown reported that Starr led a "scorched-earth defense" to try to negotiate a plea deal for Epstein.[74]

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.[75]

Donald Trump impeachment trial

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On January 16, 2020, Starr was announced as a member of then-President Donald Trump's legal team for his Senate impeachment trial.[76] He argued before the Senate on Trump's behalf on January 27, 2020.[77] 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.[77] In defending Trump, Starr also claimed he was wrong to have called for impeachment against Clinton for abuse of executive privilege and efforts to obstruct Congress and also stated that the House Judiciary Committee was right in 1998 to have rejected one of the planks for impeachment he had advocated for.[77] He also invoked a 1999 Hofstra Law Review article by Yale law professor Akhil Amar, who argued that the Clinton impeachment proved just how impeachment and removal causes "grave disruption" to a national election.[77] Starr was called as a witness by Sen. Ron Johnson on a senate hearing concerning electoral fraud amidst Trump's attempts to overturn the 2020 United States presidential election.[78] When Trump was impeached for a second time in 2021, Starr condemned the impeachment as "dangerous" and "unconstitutional".[79]

Baylor University

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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.[15] Starr became Baylor's 14th president, replacing John Lilley who was ousted in mid‑2008.[80] Starr was introduced as the new president on June 1, 2010.[81]

His inauguration was held on September 17, 2010, where Stephen L. Carter was the keynote speaker.[82] Within his first two weeks in office, Starr was "leading the charge" to keep the university in the Big 12 Conference for athletics.[83] 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.[84]

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.[85] 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.[86] Pepper Hamilton reported their findings to the regents on May 13, 2016,[87] and on May 26, the regents announced Starr's removal as university president, effective May 31.[88]

The May 26, 2016, announcement of personnel changes by the Board of Regents said Starr was to have continued as Chancellor and also as a faculty member at Baylor Law School.[5] Starr announced his resignation as Chancellor on June 1, effective immediately.[5] He told an interviewer that he took that action "as a matter of conscience."[5] He said he "willingly accepted responsibility" and "The captain goes down with the ship."[5] He resigned his position as the Louise L. Morrison Chair of Constitutional Law in Baylor Law School on August 19, 2016.[89]

Death

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In May 2022, Starr was admitted to Baylor St. Luke's Medical Center in Houston, due to an unspecified illness.[90] He died there from complications from surgery on September 13, 2022, at the age of 76.[43][91]

Bibliography

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See also

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References

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Further reading

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Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia
Kenneth Winston Starr (July 21, 1946 – September 13, 2022) was an American lawyer, , and public official renowned for his roles in high-level appellate advocacy, federal judicial service, and as independent counsel whose probe into executive branch misconduct culminated in the of President . Born in , and raised in , Starr earned a B.A. from in 1968, an M.A. from in 1969, and a J.D. from in 1973, after which he clerked for U.S. Court of Appeals Judge and Supreme Court Chief Justice Warren Burger. His early career included positions as counselor to Attorney General , U.S. circuit judge on the D.C. Court of Appeals from 1983 to 1989, and from 1989 to 1993, during which he argued 25 cases before the and received the Edmund Randolph Award for exceptional Justice Department service. Appointed independent in 1994 to examine the real estate dealings and related matters, Starr's investigation expanded to encompass allegations of and obstruction of justice stemming from President 's relationship with , producing a detailed report in 1998 that prompted the to impeach on those charges—though the acquitted him. The inquiry resulted in 24 indictments and over a dozen convictions of associates, underscoring Starr's rigorous pursuit of evidence despite criticisms of scope and partisanship from Clinton allies. In academia, Starr served as dean of and president of from 2010 to 2016, where he advanced faith-based legal scholarship but faced scrutiny for the institution's inadequate response to multiple allegations involving football players, leading to his from the presidency and eventual departure from the faculty. Later, he contributed to Trump's first impeachment defense in 2020, arguing for constitutional fidelity in . Starr authored over 25 publications on and antitrust, earning accolades like the J. Reuben Clark Law Society Distinguished Service Award for his lifelong commitment to legal principles and .

Early Life and Education

Upbringing and Family Influence

Kenneth Winston Starr was born on July 21, 1946, in , to Willie D. Starr, a who also served as a minister, and his wife Vannie Maude. The family resided in small towns across the before settling in , where Starr spent much of his childhood in a modest, working-class environment shaped by his father's dual occupations. Starr's upbringing occurred in a devout household, where religious observance formed the core of daily life, including regular , scripture study, and participation in faith-based events. His father's role as a minister emphasized moral discipline, humility, and service, values that Starr later described as foundational to his character development amid what he recalled as an "enormously safe" childhood free from contemporary urban perils. This religious milieu instilled a strong in Starr, evident in his teenage efforts to sell Bibles to fund his expenses, a practice reflective of the and promoted within his family. The Church of Christ's conservative Protestant doctrines, prioritizing and personal accountability, provided an early framework for Starr's ethical worldview, influencing his pursuit of legal and roles grounded in principle over expediency.

Educational Attainments and Early Ambitions

Starr graduated from Sam Houston High School in , , before pursuing higher education. He earned a degree from in 1968, a in from in 1969, and a from in 1973, where he was recognized for academic excellence. To support his studies at , Starr worked as a Bible salesman, a role tied to his family's heritage, with his father serving as a minister. This religious upbringing emphasized values of duty, sacrifice, and , which influenced his decision to enter the legal field with aspirations toward government roles and judicial contributions rather than private practice. Starr's ambitions manifested in his pursuit of advanced political science coursework post-undergrad and his focus on constitutional law during legal training, positioning him for clerkships that aligned with public accountability and federal service.

Initial Government and Private Sector Roles

Following his graduation from in 1973, Kenneth Starr began his legal career with a clerkship for Judge David W. Dyer on the Court of Appeals for the Fifth Circuit, serving from 1973 to 1974. He subsequently clerked for Warren E. Burger on the Supreme Court from 1975 to 1977, assisting in the review of cases involving constitutional and federal law matters. In 1977, after completing his Supreme Court clerkship, Starr entered private practice as an associate at the law firm Gibson, Dunn & Crutcher, initially based in before contributing to the establishment of the firm's office. During his tenure there until 1981, he focused on appellate litigation, representing clients in high-stakes federal court appeals and building relationships with future administration officials, including . Starr transitioned back to government service in 1981 when President appointed him Counselor to William French Smith at the Department of Justice, a role in which he also acted as until 1983. In this capacity, he advised on departmental , legal , and responses to congressional inquiries, including matters related to antitrust enforcement and civil rights litigation during the early Reagan administration.

Notable Pre-Judgeship Contributions

Prior to his appointment as a federal judge, Kenneth Starr made significant contributions through prestigious clerkships and advisory roles in the Department of Justice. After earning his J.D. from in 1973, Starr clerked for U.S. Court of Appeals Judge from 1973 to 1974 and then for Chief Justice on the from 1975 to 1977, assisting in the review and drafting of opinions during a formative period for the Court's on issues including and federal power. These clerkships positioned Starr among an cadre of young lawyers influencing high-level judicial decision-making, with the Burger clerkship particularly noted for its role in shaping conservative legal interpretations amid the Court's post-Warren era transitions. From 1977 to 1981, Starr practiced law as an associate at the firm & Crutcher in , gaining experience in complex litigation before transitioning to public service. In 1981, following his involvement in President Reagan's Department of Justice transition team, Starr was appointed counselor to William French Smith, serving until 1983 in a senior advisory capacity that included policy development and operational oversight during the early Reagan administration's efforts to reform federal law enforcement priorities, such as antitrust enforcement and civil rights litigation. This role underscored Starr's emerging influence in executive branch legal strategy, bridging expertise with governmental reform initiatives.

Federal Judicial and Executive Service

U.S. Court of Appeals Judgeship (1983–1989)

Starr was nominated by President on July 13, 1983, to the Court of Appeals for the District of Columbia Circuit, succeeding Judge George E. MacKinnon, who had taken . The Senate confirmed the nomination by on September 20, 1983, without recorded opposition, and Starr received his judicial commission that same day. At 37 years old, he became the youngest federal appellate judge in the country at the time of his appointment. The D.C. Circuit, often described as the nation's second-most important due to its jurisdiction over federal administrative actions and regulatory disputes, provided Starr with exposure to high-stakes cases involving executive branch authority and . During his six-year tenure, Starr authored and joined opinions in a range of matters, though his relatively brief service limited the volume of his precedential contributions compared to longer-serving colleagues like and . Lawyers appearing before him noted his intelligence, collegial demeanor, and pragmatic approach, distinguishing him from more ideologically rigid conservative judges on the bench. Starr resigned from the court on May 26, 1989, to accept nomination as U.S. under President , a role that required and marked his transition from the to executive-branch advocacy before the . His departure created a vacancy filled by Karen LeCraft Henderson, and Starr's judicial service was later cited as bolstering his credentials for subsequent high-profile legal positions. No significant controversies arose during his judgeship, reflecting the uncontroversial nature of his and .

Solicitor General Tenure (1989–1993)

Kenneth W. Starr was nominated by President George H. W. Bush to serve as Solicitor General on February 1, 1989, following his resignation from the U.S. Court of Appeals for the D.C. Circuit. The Senate confirmed his nomination by voice vote on May 18, 1989, and Starr officially resigned his judgeship on May 26, 1989, to assume the role. As the third-ranking official in the Department of Justice, Starr represented the federal government in Supreme Court litigation, supervised the preparation of briefs, and advised on certiorari petitions, emphasizing rigorous advocacy for governmental positions grounded in statutory and constitutional interpretation. During his tenure from 1989 to 1993, Starr personally argued 25 cases before the , addressing a broad spectrum of regulatory, commercial, and constitutional issues. One notable example was United States v. Eichman (1990), where he defended the of 1989 against First Amendment challenges, contending that flag burning constituted unprotected conduct akin to or rather than pure speech; the Court nonetheless invalidated the statute 5-4, extending protections from the prior decision. Starr's arguments often highlighted the government's authority to regulate conduct without infringing core expressive rights, reflecting a commitment to defending executive and legislative actions while acknowledging judicial limits. Starr's service earned recognition for effective representation, including the Department of Justice's Attorney General's Award for Distinguished Service, underscoring his role in maintaining the Solicitor General's tradition of candor toward the Court. He departed the position in 1993 to enter private practice at , having solidified his reputation as a principled who prioritized legal merits over political expediency in high-stakes litigation.

Independent Counsel Role (1994–1998)

Appointment and Original Scope

On January 20, 1994, shortly after President Bill Clinton's inauguration, Attorney General appointed Robert B. Fiske Jr. as to investigate allegations of financial improprieties in the Development Corporation, a real estate venture involving the Clintons and their business associates James and Susan McDougal during the 1970s and 1980s. This appointment occurred under Department of Justice regulations, as the Ethics in Government Act's independent counsel provisions had lapsed in 1992. However, Congress reauthorized the Act on June 30, 1994, establishing a three-judge Special Division of the U.S. Court of Appeals for the D.C. Circuit to oversee such appointments for greater independence from executive influence. The Special Division, citing the need for an independent counsel unconnected to the executive branch, removed Fiske—who had been selected by Reno—and appointed Kenneth W. Starr on August 5, 1994, to assume the role. Starr, a former federal judge and U.S. Solicitor General under President George H.W. Bush, accepted the position despite initial reluctance, resigning his partnership at the law firm Kirkland & Ellis to comply with the Act's requirements for impartiality. The panel emphasized Starr's legal expertise and lack of prior involvement in partisan politics as qualifications, though critics later noted his Republican affiliations as a potential source of bias. Starr's , as delineated in the appointing order, focused on potential violations of federal —excluding minor misdemeanors—arising from the relationships among James B. McDougal, President Clinton, Hillary Rodham Clinton, and entities including Madison Guaranty Savings & Loan Association, Whitewater Development Corporation, and Capital Management Services Inc. This encompassed scrutiny of loans, investments, and regulatory interactions tied to these Arkansas-based operations, particularly Madison Guaranty's failure and its bailout by federal regulators, amid allegations of improper influence and . The mandate empowered Starr to pursue related offenses such as obstruction of justice, false statements, or , but was statutorily limited to matters predating his appointment unless expanded by the court.

Investigation into Vince Foster's Death

, deputy and longtime associate of the from their Little Rock law firm, died on July 20, 1993, from a to the mouth in Fort Marcy , . Initial investigations by the U.S. Park Police and of the Independent Counsel under Robert Fiske, Starr's predecessor, ruled the death a , citing Foster's despondency over White House controversies including Travelgate and his handling of records related to the venture. Upon Starr's appointment as Independent Counsel in August 1994—initially focused on —the scope expanded to include Foster's death due to evidence that he possessed sensitive documents on Madison Guaranty Savings and Loan, a failed institution tied to , and concerns raised by congressional inquiries about potential cover-ups in the handling of his office files post-death. Starr's probe, spanning from 1994 to 1997, involved re-examination of , including the , , and ; interviews with over 100 witnesses; and consultations with forensic pathologists, psychologists, and experts. The investigation confirmed prior findings: the found in Foster's hand matched the bullet's , blood spatter patterns were consistent with a self-inflicted intraoral shot, and no signs of struggle or external trauma appeared on his body. A psychological reconstruction, based on witness accounts of Foster's withdrawal, , and expressions of despair—exacerbated by media scrutiny and professional pressures—supported as the cause, with no credible linking the death to foul play or administration involvement. An interim report released on February 23, 1997, explicitly ruled out , refuting claims by some conservative critics of a staged scene or , such as the absence of fingerprints on the (explained by and handling) or the park's (chosen for its ). The final 114-page report, issued , 1997, reiterated these conclusions, detailing Foster's documented depression and the irrelevance of Whitewater documents found in his briefcase after the death to any criminal . While conspiracy theories persisted among skeptics questioning official narratives—often amplified in partisan media—Starr's office found no empirical basis for them, emphasizing forensic consistency across multiple independent reviews. This marked the fifth official U.S. government investigation affirming suicide, underscoring the evidentiary weight against alternative explanations.

Expansion to Whitewater, Travelgate, and Filegate

On March 22, 1996, Independent Counsel Kenneth Starr's jurisdiction was expanded by the Attorney General's office to include scrutiny of potential false statements made by officials in congressional testimony regarding the 1993 dismissal of seven career employees from the travel office, known as Travelgate. The firings, initiated on May 19, 1993, followed recommendations from aide David Watkins and involved allegations that the Clinton administration sought to replace the staff with political allies, including Harry Truman's grandson, to generate business for favored firms. was accused of directing the action through notes on a memo, though she denied a central role; Starr's probe focused on whether Watkins and others, including aide Maggie Williams, lied about her involvement to . The Travelgate expansion stemmed from a Justice Department referral after initial inquiries by predecessor Fiske found insufficient evidence for independent pursuit, but new testimony raised concerns tied to broader patterns of Whitewater-related obfuscation. Starr's team subpoenaed records and interviewed over 100 witnesses, uncovering evidence of improper influence but ultimately declining to prosecute President Clinton while noting unresolved questions about the First Lady's actions in a 1998 referral summary. In June 1996, the probe further broadened to Filegate, involving the White House's acquisition of approximately 900 FBI background files on former Reagan and administration officials, obtained without proper authorization starting in 1993. referred the matter to Starr after her initial review deemed it potentially criminal, citing possible violations of the Privacy Act through misuse of federal files for political opposition research. The files, requested by aide Craig Livingstone, included sensitive data on figures like and , raising privacy breach allegations. Starr's Filegate investigation examined whether senior officials, including Clinton, directed the requests or concealed their purpose, but after reviewing thousands of documents and witness statements, it concluded in 1998 with no findings of criminal intent by the President or provable wrongdoing warranting charges against key figures. These expansions, authorized under the Counsel Act's provisions for jurisdictional referrals, integrated Travelgate and Filegate into the framework as potential instances of executive branch misconduct linked to concealment patterns, though they yielded no convictions of and drew criticism for diluting focus on core financial improprieties.

Uncovering the Lewinsky Affair: Evidence of Perjury and Obstruction

In January 1998, during the ongoing investigation, Independent Counsel Kenneth Starr's office received tape recordings from , a Department of Defense employee and friend of , capturing Lewinsky's descriptions of her sexual encounters with President spanning from November 1995 to March 1997. Tripp had begun secretly recording these conversations in the fall of 1997 after Lewinsky confided details of the affair, including at least nine or ten instances of and other intimate contact in Office area. The recordings prompted Starr to request expanded jurisdiction from a special three-judge panel on January 15, 1998, to probe potential and obstruction of justice tied to the relationship. On January 16, 1998, FBI agents detained Lewinsky at a mall following a lunch arranged by Tripp, leading Lewinsky to initially deny the but ultimately cooperate under a that evolved into full immunity by January 17. Lewinsky's cooperation yielded detailed accounts contradicting Clinton's impending testimony in the sexual harassment lawsuit deposition on January 17, 1998, where Clinton swore under oath that he had "never had sexual relations" with Lewinsky, falsely claiming no contact with her genitalia or exposure of his genitals to her. Evidence included Lewinsky's testimony in August 1998, the semen-stained blue dress she preserved as corroboration, and records of gifts exchanged, such as a dress, hat pin, and book, which Clinton had retrieved from her via aide on January 18, 1998—actions interpreted as concealment after learning of Lewinsky's subpoena. Starr's probe uncovered further perjury in Clinton's August 17, , grand jury testimony, where he evaded admitting the relationship's sexual nature, misrepresented conversations with about retrieving gifts, and minimized efforts to influence Lewinsky's filed , , falsely denying any sexual relationship despite Starr's evidence of Clinton's her to do so. Obstruction allegations centered on Clinton's directives to to collect subpoenaed gifts, his suggestion to Lewinsky to "file any kind of " denying the affair (potentially suborning ), and attempts to use to secure Lewinsky employment at , linked to silencing her. These elements formed the basis of 11 impeachable offenses outlined in Starr's 445-page referral to on , , including five counts of in the Jones deposition (on the relationship, witnesses, job assistance, and gifts), two in the grand jury (on the relationship and concealment), and four obstruction acts ( influence, witness , gift concealment, and employee interference). The report emphasized that such conduct undermined judicial integrity, though it noted no criminal charges were recommended against Clinton due to sitting-president constraints.

Impeachment Referral and Evidentiary Findings

On September 9, 1998, Independent Counsel Starr submitted a 445-page referral to the U.S. pursuant to 28 U.S.C. § 595(c), transmitting substantial and credible information that President William Jefferson 's actions regarding may constitute grounds for . The document outlined 11 possible grounds for , categorized into before the federal grand jury, in the civil deposition, obstruction of justice through and evidence concealment, and abuse of presidential powers. Starr's office accompanied the referral with 36 boxes of evidentiary materials, including transcripts, documents, and physical evidence such as gifts exchanged between and Lewinsky. The evidentiary findings centered on Clinton's January 17, 1998, deposition in the Jones lawsuit, where he denied under oath having a sexual relationship with Lewinsky, defining "sexual relations" narrowly to exclude his admitted contacts while contradicting Lewinsky's detailed account of oral sex and other intimate acts. Lewinsky's testimony, corroborated by her friend Linda Tripp's recorded conversations and Secret Service logs placing Lewinsky in the Oval Office area multiple times, established that Clinton's denials constituted perjury, as he knowingly misrepresented the nature and frequency of their encounters—estimated at 10 to 12 instances between November 1995 and March 1997. Further, Clinton's August 17, 1998, grand jury testimony repeated false claims about the relationship's timeline and substance, including assertions that he did not recall key meetings, despite physical evidence like a dress stained with his semen confirmed by DNA testing. Obstruction findings detailed Clinton's efforts to impede the Jones case and probe, including coaching witness on January 18, , to affirm his version of events shortly after his deposition; retrieving and concealing gifts given to Lewinsky after she submitted a false denying relations; and encouraging Lewinsky to produce that while suggesting she could avoid testifying via claims. Additional evidence included Clinton's use of intermediaries like to assist Lewinsky's job search contingent on her , and his misleading statements to aides that influenced their potential . The referral emphasized that these acts, undertaken while invoking the presidency's authority, undermined judicial processes and the , with patterns of deception extending to related matters like the concealment of similar conduct with other subordinates. Starr testified before the House Judiciary Committee on September 17, 1998, defending the referral's scope and asserting that the evidence met the constitutional threshold for impeachable offenses, as Clinton's sworn lies and obstructive maneuvers directly attacked the rather than constituting mere private misconduct. The findings relied on immunized testimony from Lewinsky, who recanted her initial denials after immunity, alongside forensic evidence and contemporaneous notes, forming a chain of corroboration that independent analyses, including by the Judiciary Committee, later deemed sufficient to warrant impeachment articles on and obstruction.

Criticisms of Overreach Versus Defenses of Impartial Fact-Finding

Critics of Starr's tenure as Independent Counsel, including legal scholars and Clinton administration allies, argued that the probe constituted prosecutorial overreach by expanding far beyond its original mandate into unrelated personal matters, such as the affair, which they portrayed as a politically motivated "" rather than a focused criminal . For instance, attorney described Starr's handling of leaks—termed "hemorrhages" of sensitive information—as indicative of bias and improper tactics that prejudiced public opinion against President . Similarly, Clinton's legal team, led by David Kendall, accused Starr's office of unauthorized leaks and aggressive subpoenas that intruded into private files and communications, actions deemed excessive even by some contemporaneous observers who questioned the tenuous links between finances and later probes like Travelgate or the Lewinsky allegations. These critiques often emanated from outlets and figures aligned with Democratic interests, reflecting a broader institutional toward investigations targeting the executive branch, though of Clinton's subsequent for in related civil proceedings underscored the substantive findings amid the partisan fray. Defenders of Starr, including judicial overseers and conservative legal analysts, countered that the investigation adhered to impartial fact-finding by rigorously pursuing leads authorized under the Independent statute, with scope expansions—such as the January 16, 1998, into potential Lewinsky-related —explicitly approved by Attorney General and a three-judge panel of the U.S. of Appeals for the D.C. Circuit to ensure legal propriety. Starr himself maintained that his team "followed the facts wherever they led," a evidenced in the Starr Report's detailed chronological narrative, which included over 2,000 pages of evidence, witness testimonies, and forensic analysis to assess credibility and causal links between Clinton's actions—like coaching aide on post-Lewinsky statements—and potential obstruction of justice in the lawsuit. This approach yielded verifiable outcomes, including 11 counts referred to on September 9, 1998, grounded in documented before a on August 17, 1998, and corroborated by such as Lewinsky's dress DNA testing; moreover, a 1999 D.C. Circuit three-judge panel review exonerated Starr's office of leak allegations, affirming procedural integrity despite political pressures. The tension between these views highlights a core debate over the Independent Counsel mechanism: while detractors emphasized apparent —evident in the probe's growth from 1994 Whitewater referrals to encompass 15 FBI agents and multiple deputy counsels by —proponents cited the statute's requirement for thoroughness in high-level executive probes, where causal chains of influence (e.g., Vernon Jordan's in job assistance for Lewinsky and Clinton's Jones deposition prep) necessitated broader scrutiny to uncover impeachable offenses without deference to political . Ultimately, the investigation's empirical results—Clinton's impeachment on December 19, , for and obstruction, though acquittal on February 12, 1999—validated Starr's fact-driven persistence against claims of undue zeal, as no invalidated the expansions or core evidentiary methods.

Post-Investigation Legal Advocacy

Supreme Court Arguments: Morse v. Frederick, Blackwater, and Others

In Morse v. Frederick (2007), Starr represented the petitioners, school principal Deborah Morse and the Juneau-Douglas School District, arguing that public school officials could restrict student speech promoting illegal drug use during a school-supervised event. The case arose from Joseph Frederick's display of a banner reading "Bong Hits 4 Jesus" across from the school during the 2002 Olympic Torch Relay, for which he was suspended after refusing to remove it. Starr contended that schools retain authority under Tinker v. Des Moines (1969) to suppress speech reasonably viewed as endorsing drug use, emphasizing the banner's pro-drug message over Frederick's claim of nonsensical intent. The Supreme Court ruled 5-4 in favor of the school district on June 25, 2007, holding that educators could prohibit such advocacy at school events without violating the First Amendment, provided it did not amount to viewpoint discrimination. Starr also represented Blackwater USA (now Academi) in a 2006 petition for certiorari to the Supreme Court, seeking to preempt a North Carolina state court lawsuit filed by families of four contractors killed in Fallujah, Iraq, in March 2004. Blackwater argued that the suit intruded on federal foreign affairs powers and the political question doctrine, potentially exposing contractors to conflicting liabilities under the Iraq occupation. Starr's filing urged the Court to affirm the Fourth Circuit's dismissal on preemption grounds, warning of risks to U.S. military operations from private litigation. The Supreme Court denied certiorari on May 29, 2006, allowing the case to proceed in state court, where it was later settled. Among other post-Solicitor General appearances, Starr argued Horne v. Flores (2009) on behalf of parents challenging a district court's ongoing mandate for state funding of programs under the Equal Educational Opportunities Act of 1974. He asserted that the plaintiffs lacked standing for prospective relief after their children graduated and that the lower court exceeded its remedial authority by micromanaging state budgets. The Court unanimously reversed the Ninth Circuit on June 25, 2009, agreeing that the case was moot as to original plaintiffs and vacating the injunction. Starr further participated in McConnell v. Federal Election Commission (2003), defending aspects of the Bipartisan Campaign Reform Act's restrictions on soft money and issue ads against First Amendment challenges. These arguments reflected Starr's continued engagement in constitutional and disputes, often aligning with governmental or institutional interests.

Support for Death Penalty Applications and Clemency Reviews

Kenneth Starr expressed support for as an appropriate penalty for particularly egregious murders, while insisting on rigorous standards of evidentiary certainty and procedural integrity to minimize the risk of error. In a 2005 statement, he advocated reserving the death penalty for cases administered with "the utmost caution and absolute certainty," reflecting a commitment to its principled application rather than routine imposition. This stance aligned with his broader views on the , where he defended the penalty's constitutionality but emphasized safeguards against wrongful convictions, as articulated in public discussions on reforms. Post his independent counsel role, Starr engaged in clemency reviews by providing legal assistance to inmates where doubts about guilt or warranted executive intervention. In the case of Robin Lovitt, convicted in 1998 of stabbing a pool hall manager during a robbery in Arlington, , Starr represented him in 2005 appeals to the Virginia Parole Board and Governor . He argued that the destruction of a potentially exculpatory bloodstained cloth from the crime scene—discarded by prosecutors without notice—violated fundamental fairness and merited commutation, as it prevented post-conviction DNA testing. Warner granted clemency on November 29, 2005, converting Lovitt's sentence to without just hours before the scheduled execution, averting what would have been the nation's 1,000th post-Furman execution. Starr similarly participated in clemency efforts for Michael Morales, sentenced to death in 1983 for the 1981 rape and murders of two teenage girls in . In February 2006, he recruited political allies and filed briefs with Governor , contending that fabricated witness testimony at trial undermined confidence in the conviction and necessitated mercy. Although the execution was stayed by federal courts over protocols rather than clemency, Starr's involvement underscored his view of executive clemency as a critical backstop for rectifying judicial shortcomings in capital cases. These representations demonstrated Starr's selective : intervening against death sentences only upon evidence of systemic or factual unreliability, while upholding the penalty's validity for undisputed atrocities. In a 2014 capital trial , he affirmed this position, stating he was "not opposed to the death penalty, but I think that it should be very carefully used and used with greater uniformity."

Defense of California Proposition 8

In December 2008, shortly after voters approved Proposition 8 on November 4, 2008, by a margin of 52 percent to 48 percent (7,001,084 yes votes to 6,401,482 no votes), which added Section 7.5 to Article I of the state constitution defining marriage as a union between a man and a woman, official proponents including ProtectMarriage.com retained Kenneth Starr as lead counsel to defend the measure against post-election challenges questioning its procedural validity. These challenges, consolidated as Strauss v. Horton and related cases before the California Supreme Court, argued that Proposition 8 represented a fundamental revision to the 's structure—altering the equal protection clause's core—rather than a permissible via simple majority initiative, which opponents claimed required a two-thirds legislative vote or constitutional convention. Starr, serving as dean of , presented oral arguments on , 2009, contending that the state's initiative confers on voters an "inalienable" to amend the by vote, even if the change limits rights previously extended by judicial ruling, as Proposition 8 did without broader structural upheaval or elimination of protections for same-sex couples. He distinguished amendments from revisions by emphasizing Proposition 8's narrow scope, which restored the traditional definition of marriage post-In re Marriage Cases (2008) without upending the equal protection framework or other rights. On May 26, 2009, the California Supreme Court ruled 6-1 in Strauss v. Horton that Proposition 8 qualified as a valid amendment, rejecting the revision argument and affirming the electorate's authority under Article II, Section 1 of the state constitution to enact such changes via initiative; the majority opinion, authored by Chief Justice Ronald George, aligned with Starr's defense by holding that the measure effected a limited redefinition of one term in the equal protection clause without fundamentally altering governmental structure or the clause's broader operation. Justice Carlos Moreno dissented, arguing that revoking a judicially recognized right to constituted a revision by qualitatively altering equality principles, but the decision preserved over 18,000 marriages performed between June 16, 2008, and November 4, 2008. Starr's successful advocacy thus secured Proposition 8's enforceability under state law, though federal courts later invalidated it on equal protection grounds in Perry v. Schwarzenegger (2010), a ruling affirmed by the U.S. in Hollingsworth v. Perry (2013) on standing grounds without reaching the merits.

Negotiation of Jeffrey Epstein's 2008 Plea Deal

In 2007, as federal prosecutors in the Southern District of Florida investigated for involving dozens of underage girls, Epstein assembled a high-profile defense team that included Kenneth Starr, the former independent counsel. Starr, leveraging his connections from his tenure as U.S. and in the Bush administration, collaborated with attorney Lefkowitz to conduct an aggressive campaign pressuring the Department of Justice to abandon federal charges in favor of a state-level plea. Starr's key contribution was an eight-page letter dated March 2007 to Deputy Attorney General Mark Filip, in which he accused lead prosecutor Marie Villafaña of , bias, and ethical violations, while invoking Department of Justice traditions to advocate for a non-prosecution agreement. The letter employed dramatic rhetoric, drawing parallels to Starr's style in the investigation report, and initiated a against Villafaña, whom Starr portrayed as overly aggressive. Villafaña denied these allegations, asserting they were baseless attempts to derail the case. Although a requested meeting with Filip was denied, Starr's efforts formed part of a broader "scorched-earth" strategy involving emails and correspondence aimed at discrediting the prosecution and securing immunity for and potential co-conspirators. The negotiations culminated in a June 2008 non-prosecution agreement under U.S. Attorney , where Epstein pleaded guilty to two state charges—soliciting and procuring a minor for —resulting in an 18-month sentence, of which he served 13 months in county jail with work-release privileges allowing 12 hours daily outside custody six days a week. The federal deal granted non-prosecution protections to and unnamed "potential co-conspirators," effectively halting the FBI probe into additional victims despite evidence of over 30 underage accusers. Investigative reporting later attributed significant influence to Starr, with journalist stating that "without him, it probably would not have happened the way it did, and would have ended up in prison for a very long time." In 2019, U.S. District Judge ruled the agreement violated the Crime Victims' Rights Act by failing to notify victims, though he declined to void it fully; the deal's secrecy and leniency drew widespread scrutiny, particularly after Epstein's 2019 rearrest on federal sex-trafficking charges. Starr's defense role aligned with his to advocate zealously for clients, though critics, including in her book Perversion of Justice, highlighted the irony given his prior emphasis on in public scandals.

Role in Donald Trump's 2020 Impeachment Defense

On January 17, 2020, Kenneth Starr was added to President Donald Trump's legal defense team for the impeachment trial stemming from the 's December 2019 articles of impeachment on and obstruction of . The team, led by and personal attorney , also included , , and Robert Ray, bringing Starr's experience as independent counsel in the Clinton investigation to counter the House managers' case. Starr delivered one of the opening arguments for the defense on January 27, 2020, framing as a grave constitutional tool akin to "domestic war" that should remain a "measure of last resort" reserved for extraordinary abuses, not partisan disputes. He contended that the framers intended the "" of to be largely "sheathed" in early American history, with rare invocations against presidents, and warned that contemporary usage had entered an "age of " where it risked becoming routine and divisive rather than unifying. Starr argued the House managers' process deviated from historical norms by pursuing without bipartisan consensus or clear evidence of "" comparable to past removals, such as those involving or , and emphasized that policy disagreements over foreign aid, like the matter, did not constitute impeachable offenses. Starr's presentation drew on constitutional scholarship, including references to Alexander Hamilton's Federalist Papers, to assert that removal from office required not mere misconduct but threats to the constitutional order, a threshold unmet by the allegations against Trump. He criticized the proceedings as an "anti-constitutional exercise" lacking , such as full evidentiary hearings, and urged senators to view the trial through the lens of their oath as impartial jurors rather than political actors. Commentators noted a perceived shift from Starr's role in the 1998 Clinton impeachment referral, where he documented leading to articles of , as he now highlighted the Clinton process's divisiveness to argue against overuse of the mechanism. The voted to acquit Trump on February 5, 2020, with Starr's arguments contributing to the defense's successful rejection of both articles by margins of 52-48 and 53-47, respectively, falling short of the two-thirds majority needed for . Post-trial, Starr reflected in interviews that the experience underscored impeachment's potential to erode national unity when deployed without overwhelming evidence of egregious conduct.

Academic and Administrative Leadership

Presidency of Baylor University (2013–2016)

In November 2013, 's Board of Regents appointed Starr as chancellor while he continued serving as president, making him the first individual to hold both roles simultaneously; the chancellorship had been vacant since 2005. The position was intended to elevate 's national and international profile, with Starr tasked with advancing the institution's reputation and influence beyond . During this period, Starr oversaw significant fundraising momentum, building on earlier initiatives like the 2010-launched $100 million President's Scholarship Initiative, which raised funds ahead of its three-year schedule by 2013 to support student aid and attract top talent. Notable contributions included a $35 million gift in June 2013 from philanthropist for expanding the Hankamer School of Business facilities, enabling growth in enrollment capacity and program offerings. These efforts contributed to Baylor's financial strengthening, with overall philanthropy supporting infrastructure and academic enhancements amid a broader capital campaign that amassed hundreds of millions by mid-decade. Enrollment and academic metrics reflected steady progress under Starr's dual leadership from 2013 to 2016, with total student numbers climbing from prior records and degrees conferred rising from approximately 2,910 in the 2010-2011 academic year to higher outputs by 2015, driven by expanded research initiatives and new programs such as Baylor in Washington. The university broadened its scholarly scope, fostering interdisciplinary growth while maintaining its , though specific national rankings remained outside top-tier national universities during this interval. Athletics emerged as a hallmark of Baylor's visibility in the 2013-2016 era, with the football program achieving championships in 2013 and 2014 under coach , culminating in undefeated conference play and national prominence that boosted engagement and revenue. Starr emphasized athletics as a "front porch" for the university, aligning it with Baylor's aspirational goals, though this success later intersected with institutional challenges.

Implemented Reforms and Institutional Achievements

During his presidency, Ken Starr oversaw the development and approval of Pro Futuris, Baylor University's strategic vision adopted by the Board of Regents on May 11, 2012, which emphasized integrating academic excellence with to guide institutional progress through goals such as enhancing output, faculty recruitment, and accessibility to . This plan facilitated targeted investments, including efforts to increase scholarships and affordability, aligning with broader aims to elevate Baylor's national profile while preserving its Baptist heritage. Starr's tenure coincided with significant academic advancements, including improved rankings and enrollment growth, as Baylor experienced what observers described as an academic renaissance marked by higher funding and faculty hires in key disciplines. Campus infrastructure reforms included the Board of Regents' approval of a $16 million renovation for North Russell Hall in February 2014, part of a master plan to modernize existing facilities and support expanded academic programs. Institutionally, Starr contributed to athletic achievements by stabilizing Baylor's conference affiliation, culminating in its membership in the effective July 1, 2012, which enhanced competitive opportunities and revenue streams. This period saw the completion and opening of a $250 million on-campus football stadium in 2014, boosting facilities for sports programs that achieved record wins, including undefeated regular seasons in football during 2013 and 2014.

Response to Sexual Assault Scandals and Resignation

In early 2015, amid growing reports of s involving football players, including the 2014 conviction of former player Tevin Elliott for raping a teammate's friend and the pending trial of Sam Ukwuachu for assaulting a transfer , President Ken Starr commissioned an external investigation by the Pepper Hamilton to examine the university's handling of such complaints. Starr later stated that, to his knowledge, was not a systemic issue at Baylor until Ukwuachu's August 2015 trial, after which he prioritized the probe despite resistance from athletic department leaders. The Pepper Hamilton report, released in May 2016, documented at least 17 instances of sexual or involving 19 football players between 2012 and 2015, revealing that university officials, including senior athletic staff, had dismissed victim reports, failed to investigate claims adequately, and retaliated against complainants in some cases. It concluded that Baylor's top administrators, under Starr's presidency since 2013, exhibited a "fundamental failure to identify and respond to a variety of red flags" signaling a hostile environment for victims, particularly in the football program where coaches like actively discouraged reporting to protect players' eligibility. Starr publicly apologized to survivors, acknowledging the university's shortcomings and committing to reforms such as enhanced compliance training and independent oversight of athletics, though critics argued these measures came too late after years of inaction. On May 26, 2016, Baylor's regents removed Starr as president, citing his leadership's role in the institutional failures outlined in the report, while allowing him to retain the chancellor title and teaching duties; simultaneously, head football coach was fired, and McCaw was reassigned. In response, Starr expressed regret over the "heartbreaking" findings but defended his prior efforts to foster a culture of accountability, noting he had been unaware of specific cover-ups until the investigation. Pressure mounted from alumni, donors, and lawsuits alleging complicity, including claims that Starr and others had intervened to aid accused students in related misconduct cases. Starr resigned as on June 1, 2016, stating the move would aid Baylor's healing and reform process, though the board's acceptance highlighted ongoing scrutiny of executive-level lapses in addressing football-related assaults. He stepped down from his professorship in August 2016, severing all formal ties amid persistent fallout, including a 2017 federal court filing accusing him of facilitating leniency for a in a separate assault probe. Baylor later settled lawsuits with survivors in 2023, underscoring the scandals' long-term impact, while Starr maintained that the episode reflected broader cultural challenges in college athletics rather than personal negligence.

Intellectual and Personal Perspectives

Published Works on Constitutional and Religious Liberty

Kenneth Starr's most prominent publication on religious liberty is the 2021 book Religious Liberty in Crisis: Exercising Your Faith in an Age of Uncertainty, issued by Encounter Books on April 13. In it, Starr argues that religious freedom faces escalating threats from government overreach, including regulations that burden faith-based practices under the guise of goals like nondiscrimination or mandates. He traces the historical and constitutional of the First Amendment's religion clauses, emphasizing their role in prioritizing religious exercise over competing secular interests, and critiques modern judicial trends that he sees as eroding these protections. Starr draws on precedents, such as Employment Division v. Smith (1990) and subsequent restorations via the Religious Freedom Restoration Act of 1993, to illustrate tensions between accommodation and neutrality. The book advocates vigilant defense of religious rights amid cultural shifts, warning of future crises if courts fail to uphold originalist interpretations. Starr's earlier scholarly work includes the 1993 article "Liberty and Equality Under the Religion Clauses of the First Amendment," published in the Brigham Young University Law Review. This piece dissects the interplay between the Free Exercise and Establishment Clauses, positing that true constitutional fidelity requires accommodating religious liberty without favoring any sect, while rejecting strict separationism that isolates faith from public life. Starr critiques conflicting paradigms in jurisprudence, urging a framework that balances individual conscience against state interests through strict scrutiny rather than deference to legislative majorities. In related writings, such as his contribution to The Heritage Foundation's analysis of the clauses, Starr underscores the Framers' to shield religious from federal interference, viewing the clauses as complementary safeguards rather than oppositional barriers. These works collectively reflect Starr's constitutional , informed by his appellate advocacy experience, prioritizing empirical historical evidence over evolving societal norms in interpreting protections for faith.

Views on Rule of Law, Capital Punishment, and Faith's Role in Public Life

Starr consistently advocated for the as foundational to American governance, asserting that "no one is above the law" and criticizing actions that undermine it, such as attacks on special counsels or investigations. In a 2018 interview, he stated, "If we don't have the in the country, then we have not done what the founding generations said," emphasizing its role in upholding constitutional integrity. During congressional testimony in 1998, he described the as "paramount," particularly in contexts involving executive accountability. On , Starr expressed support in principle for its application in extreme cases, viewing it as a proportionate response superior to for certain heinous crimes, but only where guilt is unequivocally established. He rejected , stating in 2008, "I've not become an abolitionist. It's reasonable for extreme cases," while arguing against its use amid evidentiary doubts, as in his pro bono representation of inmate Robin Lovitt in 2005, where he sought commutation due to lost evidence potentially indicating innocence. In a forum, he framed the debate not as death versus , but death versus life without , underscoring proportionality rooted in biblical and legal traditions. Starr, a devout Southern Baptist, championed faith's integration into public life, arguing that religious liberty must counter secularist pressures viewing religion as inherently harmful. In his 2020 book Religious Liberty in Crisis, he warned of an impending "crisis" from policies marginalizing faith-based expressions, advocating for robust First Amendment protections to allow believers' conscientious participation in civic affairs. He affirmed the legitimacy of faith influencing , stating in 2021, "I've long been interested in issues of and the intersection of faith and in the public square," and drew from Christian teachings to inform his and public advocacy. This perspective animated his post-retirement efforts, including endowments for religious freedom initiatives, earning him posthumous recognition as a defender of such liberties in 2025.

Final Years, Death, and Legacy

Personal Life and Health Decline

Starr married Alice Mendell in 1970; she had been raised Jewish but converted to prior to their union. The couple raised three children: son Randall P. Starr and daughters Carolyn S. Doolittle and Cynthia S. Roemer. By the time of his death, Starr and his wife had been married for 52 years and had nine grandchildren. In May 2022, Starr was admitted to in for an unspecified illness. He remained hospitalized for the ensuing 17 weeks, undergoing treatment amid a prolonged decline in health. Complications arising from during this period ultimately proved fatal.

Death on September 13, 2022

Kenneth W. Starr died on September 13, 2022, at the age of 76, from complications of surgery at in , . He had been hospitalized there for approximately 17 weeks prior, treating an undisclosed illness. A family statement confirmed the cause of death as surgical complications, noting Starr's residence in Houston at the time. His former colleague, attorney Mark Lanier, similarly reported the details to media outlets, emphasizing Starr's extended hospital stay since May 2022. No autopsy or further medical specifics were publicly disclosed by the family or hospital.

Enduring Contributions and Contrasting Assessments

Starr's tenure as U.S. from 1989 to 1993 marked a significant contribution to federal advocacy, during which he argued 25 cases before the , contributing to a high success rate in defending government positions on constitutional matters. His work emphasized principled interpretation of the , influencing precedents on executive authority and . Later, as independent counsel from 1994 to 1999, Starr's investigation into expanded to uncover President Bill Clinton's and obstruction of justice in the affair, culminating in the September 9, 1998, that provided evidence leading to Clinton's House on December 19, 1998, for these offenses—actions that reinforced mechanisms for executive misconduct under the . In his post-government career, Starr advanced scholarly discourse on constitutionalism through publications such as First Among Equals: The Supreme Court in American Life (2002), which examined the Court's evolution and key decisions, and Religious Liberty in Crisis (2020), advocating against government coercion of faith practices and highlighting threats from secularist policies. He argued for robust protections of First Amendment rights, critiquing well-intentioned regulations that inadvertently burden religious exercise, as seen in his analysis of Supreme Court rulings from Employment Division v. Smith (1990) onward. During Donald Trump's first Senate impeachment trial in January 2020, Starr defended the president while cautioning against impeachments occurring "all too frequently," which he viewed as eroding the process's gravity and institutional stability. These efforts underscored his enduring commitment to limiting politicized prosecutions and preserving constitutional equilibria. Assessments of Starr's legacy diverge sharply along ideological lines. Supporters, including legal scholars associated with conservative institutions, praise him as a "fair-minded" enforcer of law who prioritized duty over ideology, crediting his Clinton probe with exposing verifiable and obstruction despite intense opposition. They highlight his of future jurists and resistance to executive overreach as bolstering institutional integrity. In contrast, critics in mainstream outlets—often characterized by systemic left-leaning biases that downplay Clinton-era scandals—portray Starr as enabling "endless congressional investigations" and a culture of partisan retribution, arguing his moralistic focus on personal conduct facilitated later political excesses, such as those in the Trump era. This view intensified scrutiny of his presidency (2013–2016), where a perceived inaction on reports—contrasting his aggressive Clinton pursuit—led to his demotion, though empirical reviews confirmed no direct by Starr himself. Such polarized evaluations reflect broader debates on whether Starr's rigor advanced impartial or exacerbated divisions, with from the Starr Report's documented facts supporting the former amid biased dismissals of its import.

References

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