Editing Ken Starr (section)

== Post-independent counsel activities ==
[[File:Ken Starr (49285075311).jpg|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]].<ref>{{cite web|url=https://law.unlv.edu/sites/default/files/Ken%20Starr%20Bio%202017.pdf|title=Ken Starr Bio|website=UNLV.edu|accessdate=September 13, 2022|archive-date=July 31, 2020|archive-url=https://web.archive.org/web/20200731221101/https://law.unlv.edu/sites/default/files/Ken%20Starr%20Bio%202017.pdf|url-status=live}}</ref> Starr worked as a partner at [[Kirkland & Ellis]], specializing in litigation.<ref>{{cite news|url=https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr083099.htm|title=Soon to Be Jobless, Starr Has Winning Appeal|newspaper=The Washington Post| accessdate=September 13, 2022|archive-date=November 1, 2020|archive-url=https://web.archive.org/web/20201101220028/https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr083099.htm|url-status=live}}</ref> 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 [[John McCain|McCain]]-[[Russ Feingold|Feingold]] Act.<ref>{{cite web|url=https://www.aclu.org/press-releases/leaders-across-political-spectrum-meet-discuss-first-amendment-rights-aclu-membership|title=Kenneth Starr Joins Leaders from NRA, Americans United and ACLU to Find Common Ground on Civil Liberties|publisher=ACLU|accessdate=September 13, 2022|archive-date=September 13, 2022|archive-url= https://web.archive.org/web/20220913203453/https://www.aclu.org/press-releases/leaders-across-political-spectrum-meet-discuss-first-amendment-rights-aclu-membership|url-status=live}}</ref>

On April 6, 2004, he was appointed dean of the [[Pepperdine University School of Law]].<ref name=pepperdine>{{cite web|url=https://www.law.columbia.edu/news/archive/kenneth-starr-dean-pepperdine-law-speak-cls#:~:text=SPEAKER%3A%20Kenneth%20Starr%20is%20the,Bush.|title=Kenneth Starr, Dean of Pepperdine Law, To Speak at CLS|publisher=Columbia Law|accessdate=September 13, 2022|archive-date=September 13, 2022|archive-url=https://web.archive.org/web/20220913203445/https://www.law.columbia.edu/news/archive/kenneth-starr-dean-pepperdine-law-speak-cls#:~:text=SPEAKER%3A%20Kenneth%20Starr%20is%20the,Bush.|url-status=live}}</ref> 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.<ref>{{cite news|url=https://www.washingtonpost.com/archive/politics/1997/03/02/whitewater-counsels-university-surprise-had-origins-in-discussions-last-fall/bb8356b5-74b0-4b9e-9ee1-c54e6e818364/|title=Whitewater Counsel's University Surprise Had Origins in Discussions Last Fall|newspaper=Washington Post|accessdate=September 13, 2022|archive-date=August 28, 2017|archive-url=https://web.archive.org/web/20170828210553/https://www.washingtonpost.com/archive/politics/1997/03/02/whitewater-counsels-university-surprise-had-origins-in-discussions-last-fall/bb8356b5-74b0-4b9e-9ee1-c54e6e818364/|url-status=live}}</ref> 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.<ref name="jackson" /> 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.<ref name=pepperdine/>

=== Death penalty cases ===
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.<ref name=robin>{{cite web| url= https://www.americanbar.org/groups/committees/death_penalty_representation/publications/success-stories/success-stories-archive/robin-lovitt/|title=Robin Lovitt|website=American Bar|accessdate=September 13, 2022| archive-date= October 21, 2021|archive-url=https://web.archive.org/web/20211021152511/https://www.americanbar.org/groups/committees/death_penalty_representation/publications/success-stories/success-stories-archive/robin-lovitt|url-status=live}}</ref> Starr provided his services to Lovitt [[pro bono]].<ref name=robin/> On October 3, 2005, the Supreme Court denied [[certiorari]].<ref name=robin/>

On January 26, 2006, the defense team of convicted murderer [[Michael Morales]] (which included Starr) sent letters to [[Governor of California|California governor]] [[Arnold Schwarzenegger]] requesting clemency for Morales.<ref name="elias">{{cite news |url=http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/01/27/state/n172048S85.DTL |archive-url=https://web.archive.org/web/20080328035349/http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fn%2Fa%2F2006%2F01%2F27%2Fstate%2Fn172048S85.DTL |url-status=dead |archive-date=March 28, 2008 |title=Ken Starr asks governor to spare condemned killer |last=Elias |first=Paul |date=January 27, 2006 |work=[[San Francisco Chronicle]] |publisher=Hearst Communications Inc. |access-date=June 25, 2009 }}</ref> 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 [[forgery|forgeries]], and accused investigator and anti-death penalty activist Kathleen Culhane of falsifying the documents.<ref name="elias"/> Lead defense attorney David Senior and his team soon withdrew the documents.<ref name="elias"/> Ultimately, clemency was denied, but the falsified documents were not used in the rationale.<ref>{{cite news |url=http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2006%2F02%2F18%2FBAG12HB6LO1.DTL |work=The San Francisco Chronicle |title=Governor turns down killer's bid for clemency / Morales running out of options as Tuesday's execution nears |access-date=December 19, 2013 |archive-date=April 17, 2012 |archive-url=https://web.archive.org/web/20120417042655/http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2006%2F02%2F18%2FBAG12HB6LO1.DTL |url-status=live }}</ref> Eventually, Culhane was criminally charged with forging the documents and, under a plea agreement, was sentenced to five years in prison.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2007-aug-17-me-culhane17-story.html |work=Los Angeles Times |first=Louis |last=Sahagun |title=Death penalty foe gets five years in prison |date=August 17, 2007 |access-date=December 19, 2013 |archive-date=March 6, 2016 |archive-url=https://web.archive.org/web/20160306132350/http://articles.latimes.com/2007/aug/17/local/me-culhane17 |url-status=live }}</ref>

=== ''Morse v. Frederick'' ===
{{Main|Morse v. Frederick}}
On May 4, 2006, Starr announced that he would represent the [[Board of education|school board]] of [[Juneau, Alaska]], in its appeal to the [[United States Supreme Court]] in a case brought by a former student, Joseph Frederick.<ref name="ap"/> A high school student at that time, Joseph Frederick unfurled a banner at a school-sponsored event saying "[[Morse v. Frederick|Bong Hits 4 Jesus]]" as the Olympic torch was passing through Juneau, before arriving in [[Salt Lake City]], Utah, for the [[2002 Winter Olympics]].<ref name="ap"/> The board decided to suspend the student.<ref name="ap"/> The student then sued and won at the [[U.S.&nbsp;Court of Appeals for the Ninth Circuit]], which stated that the board violated the student's [[First Amendment to the United States Constitution|first amendment]] right to [[freedom of speech|free speech]].<ref name="ap">{{cite news|url=http://seattletimes.nwsource.com/html/nationworld/2002970774_bong04.html |title=Starr to take on appeal over "bong" banner |agency=Associated Press |date=April 5, 2006 |work=[[The Seattle Times]] |publisher=The Seattle Times Company |access-date=June 25, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20081229233018/http://seattletimes.nwsource.com/html/nationworld/2002970774_bong04.html |archive-date=December 29, 2008 }}</ref> On August 28, 2006, Starr filed a [[certiorari|writ of certiorari]] for a hearing with the Supreme Court.<ref name="juneau">{{cite web|url=http://www.jsd.k12.ak.us/newdistrict/news/archive/pdf_documents/jsdboard_cert_petitionFINAL.pdf|title=Petition for Writ of Certiorari|last=Juneau School Board|date=August 28, 2006|work=On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit|access-date=June 25, 2009|archive-date=March 26, 2009|archive-url=https://web.archive.org/web/20090326081150/http://www.jsd.k12.ak.us/newdistrict/news/archive/pdf_documents/jsdboard_cert_petitionFINAL.pdf|url-status=live}}</ref> 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."<ref name="supreme">{{cite web|url=https://www.supremecourt.gov/opinions/06pdf/06-278.pdf|title=Morse et al. v. Frederick|last=Supreme Court of the United States|date=June 25, 2007|work=Certiorari to the United States Court of Appeals for the Ninth Circuit|access-date=June 25, 2009|archive-date=May 8, 2010|archive-url=https://web.archive.org/web/20100508135842/http://www.supremecourt.gov/opinions/06pdf/06-278.pdf|url-status=live}}</ref>

=== ''Blackwater Security Consulting v. Nordan'' (No. 06-857) ===
Starr represented [[Blackwater Worldwide|Blackwater]] in a case involving the deaths of four unarmed civilians killed by Blackwater contractors in [[Fallujah, Iraq]], in March 2004.<ref name="law">{{cite news|url=http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1172052182813|title=High Court Asked to Explore Contractor Liability for Deaths in Iraq |archive-url=https://web.archive.org/web/20110607213300/http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1172052182813 |archive-date=June 7, 2011 |date=February 22, 2007|publisher=Law.com|access-date=June 25, 2009}}</ref>

=== California Proposition 8 post-election lawsuits ===
{{Main|Lawsuits to overturn Proposition 8}}
On December 19, 2008, [[California Proposition 8 (2008)|Proposition&nbsp;8]] supporters named Starr to represent them in post-election lawsuits to be heard by the [[Supreme Court of California]].<ref name="egelko"/> Opponents of the measure sought to overturn it as a violation of fundamental rights, while supporters sought to invalidate the 18,000 [[same-sex marriage]]s performed in the state before Proposition&nbsp;8 passed.<ref name="egelko">{{cite news|url=http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2008%2F12%2F20%2FMN6514RNVU.DTL|title=Brown asks state high court to overturn Prop. 8|last=Egelko|first=Bob|date=December 20, 2008|work=San Francisco Chronicle|access-date=June 25, 2009|archive-date=April 13, 2009|archive-url=https://web.archive.org/web/20090413072541/http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2008%2F12%2F20%2FMN6514RNVU.DTL|url-status=live}}</ref> Oral arguments took place on March 5, 2009, in San Francisco.<ref name=SFGATE_justice/>

Starr argued that "Prop.&nbsp;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.<ref name=SFGATE_justice>{{cite news|url=http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2009%2F03%2F05%2FMNLP169S2G.DTL|title=Justices seem to be leaning in favor of Prop. 8|work=[[San Francisco Chronicle]]|date=March 5, 2009|access-date=March 5, 2009|first=Bob|last=Egelko|archive-date=March 6, 2009|archive-url=https://web.archive.org/web/20090306231809/http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2009%2F03%2F05%2FMNLP169S2G.DTL|url-status=live}}</ref> The main issue that arose during the oral argument included the meaning of the word "[[inalienable right|inalienable]]," and to which extent this word goes when used in Article&nbsp;I of the Californian Constitution.<ref name=SFGATE_justice/> Christopher Krueger of the [[attorney general]]'<nowiki/>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."<ref>{{cite web|url=http://www.mercurynews.com/ci_11838385?source=most_viewed|title=California Supreme Court hears Prop.&nbsp;8 arguments|work=[[San Jose Mercury News]]|last=Richman|first=Josh|date=March 5, 2009|access-date=March 5, 2009|archive-date=June 29, 2011|archive-url=https://web.archive.org/web/20110629051613/http://www.mercurynews.com/ci_11838385?source=most_viewed|url-status=live}}</ref>

The court ultimately held that the measure was valid and effective, but would not be applied retroactively to marriages performed prior to its enactment.<ref>{{cite news |last= Keys |first= Matthew |title= Federal Judge: Same Sex Marriage Ban Under Proposition 8 Violates Constitution |url= http://www.fox40.com/news/headlines/ktxl-news-prop8verdict0804,0,598175.story |work= FOX40.com |date= August 4, 2010 |archive-url= https://web.archive.org/web/20120807063037/http://www.fox40.com/news/headlines/ktxl-news-prop8verdict0804%2C0%2C598175.story |archive-date= August 7, 2012 |url-status= dead }}</ref>

Starr was an advisory board member for the legal organization [[Alliance Defending Freedom]].<ref>{{cite web | title = ADF celebrates extraordinary life of Judge Ken Starr, religious liberty champion | date = September 14, 2022 | website = Alliance Defending Freedom Legal | url = https://adflegal.org/press-release/adf-celebrates-extraordinary-life-judge-ken-starr-religious-liberty-champion | access-date = December 4, 2022}}</ref>

=== Defense of Jeffrey Epstein ===
In 2007, Starr joined the legal team defending [[Palm Beach, Florida|Palm Beach]] billionaire [[Jeffrey Epstein]], who was accused of the statutory rape of numerous underage high school students.<ref>{{cite web|url=http://www.page2live.com/2007/09/12/lewinsky-prosecutor-joins-defense-of-clinton-crony/ |title=Lewinsky prosecutor joins defense of Clinton crony |work=[[Palm Beach Post]] |date=September 12, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20120516122546/http://www.page2live.com/2007/09/12/lewinsky-prosecutor-joins-defense-of-clinton-crony/ |archive-date=May 16, 2012 }}</ref> Epstein would later plea bargain to plead guilty to several charges of soliciting and trafficking of underage girls, serve 13&nbsp;months on work release in a private wing of the Palm Beach jail, and register as a sex offender.<ref>{{cite web |url=http://www.thedailybeast.com/blogs-and-stories/2011-03-25/jeffrey-epstein-how-the-billionaire-pedophile-got-off-easy/ |title=How the billionaire pedophile got off easy |date=March 25, 2011 |work=[[Daily Beast]] |access-date=March 27, 2013 |archive-date=June 1, 2011 |archive-url=https://web.archive.org/web/20110601191430/http://www.thedailybeast.com/blogs-and-stories/2011-03-25/jeffrey-epstein-how-the-billionaire-pedophile-got-off-easy/ |url-status=live }}</ref> 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.<ref>{{cite web |url=https://www.foxnews.com/transcript/former-epstein-attorney-ken-starr-says-alex-acosta-played-tough-in-2008 |title=Former Epstein attorney Ken Starr says Alex Acosta played tough in 2008 |date=July 13, 2019 |work=[[Fox News]] |access-date=July 17, 2019 |archive-date=July 18, 2019 |archive-url=https://web.archive.org/web/20190718004459/https://www.foxnews.com/transcript/former-epstein-attorney-ken-starr-says-alex-acosta-played-tough-in-2008 |url-status=live }}</ref>

=== Donald Trump impeachment trial ===
On January 16, 2020, Starr was announced as a member of then-President [[Donald Trump]]'s legal team for his [[First impeachment trial of Donald Trump|Senate impeachment trial]].<ref>{{cite news|url=https://www.theguardian.com/us-news/2020/jan/17/ken-starr-alan-dershowitz-trump-impeachment-legal-team|title=Alan Dershowitz and Ken Starr join Trump impeachment legal team|last=McCarthy|first=Tom|date=January 17, 2020|work=The Guardian|access-date=January 17, 2020|language=en-GB|issn=0261-3077|archive-date=January 17, 2020|archive-url=https://web.archive.org/web/20200117175031/https://www.theguardian.com/us-news/2020/jan/17/ken-starr-alan-dershowitz-trump-impeachment-legal-team|url-status=live}}</ref> He argued before the Senate on Trump's behalf on January 27, 2020.<ref name=starrretracts>{{cite news|url=https://slate.com/news-and-politics/2020/01/clinton-independent-counsel-ken-starr-argues-against-impeachment.html|title=Ken Starr Argues There Are Too Many Impeachments These Days|first=Jeremy|last=Stahl|publisher=Slate|date=January 27, 2020|access-date=January 27, 2020|archive-date=January 27, 2020|archive-url=https://web.archive.org/web/20200127221006/https://slate.com/news-and-politics/2020/01/clinton-independent-counsel-ken-starr-argues-against-impeachment.html|url-status=live}}</ref> [[Slate (magazine)|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.<ref name=starrretracts /> 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.<ref name=starrretracts /> 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.<ref name=starrretracts />
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]].<ref>{{cite news|url=https://www.nytimes.com/2020/12/16/technology/the-election-is-over-but-ron-johnson-keeps-promoting-false-claims-of-fraud.html|title=The election is over, but Ron Johnson keeps promoting false claims of fraud|first=Linda|last=Qiu|work=[[The New York Times]]|date=December 16, 2020|access-date=February 25, 2021|archive-date=January 1, 2021|archive-url=https://web.archive.org/web/20210101110135/https://www.nytimes.com/2020/12/16/technology/the-election-is-over-but-ron-johnson-keeps-promoting-false-claims-of-fraud.html|url-status=live}}</ref> When Trump was impeached for a second time in 2021, Starr condemned the impeachment as "dangerous" and "unconstitutional".<ref>{{cite news|url=https://www.foxnews.com/politics/ken-starr-trumps-second-impeachment-unconstitutional-process|title=Ken Starr says Trump's second impeachment 'unconstitutional' and sets 'dangerous precedent'|first=Roman|last=Chiarello|publisher=Fox News|date=February 10, 2021|access-date=February 25, 2021|archive-date=February 23, 2021|archive-url=https://web.archive.org/web/20210223171919/https://www.foxnews.com/politics/ken-starr-trumps-second-impeachment-unconstitutional-process|url-status=live}}</ref>