Editing Ken Starr (section)

== Independent counsel ==
{{Main|Whitewater controversy}}
[[File:Starr, Kavanaugh, and Azar.jpg|thumb|right|Starr with [[Brett Kavanaugh]] and [[Alex Azar]] in the 1990s]]
[[File:Ken Starr testifying before the House Judiciary Committee.jpg|thumb|right|Starr testifying before the House Judiciary Committee in November 1998]]

=== Appointment ===
In August 1994, pursuant to the newly reauthorized [[Ethics in Government Act]] ({{USC|28|593(b)}}), Starr was appointed by a special three-judge division of the [[United States Court of Appeals for the District of Columbia|D.C. Circuit]] to continue the [[Whitewater (controversy)|Whitewater investigation]].<ref>In re GRAND JURY SUBPOENAS DUCES TECUM, [https://bulk.resource.org/courts.gov/c/F3/78/78.F3d.1307.95-3282.95-3279.html 78 F.3d 1307] {{webarchive|url=https://web.archive.org/web/20100517044642/http://bulk.resource.org/courts.gov/c/F3/78/78.F3d.1307.95-3282.95-3279.html |date=May 17, 2010 }} (8th Cir. 1996)</ref> He replaced [[Robert B. Fiske]], a moderate Republican who had been appointed by attorney general [[Janet Reno]].<ref name="abc">{{cite news|title=Judicial Panel Names New Whitewater Independent Counsel (transcript)|date=May 8, 1994|work=ABC World News Tonight|publisher=[[American Broadcasting Company]]}}</ref>

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.<ref name="kirkland">{{cite web| url= http://www.kirkland.com/ourFirm/lawyerBio.aspx?InfiniumH4ID=4963&employeeH4ID=24771&attorneyH4ID=9101 |title= Kenneth Starr| website= kirkland.com | publisher= Kirkland & Ellis LLP |archiveurl= https://web.archive.org/web/20061103183236/http://www.kirkland.com/ourFirm/lawyerBio.aspx?InfiniumH4ID=4963&employeeH4ID=24771&attorneyH4ID=9101 |archivedate=November 3, 2006}}</ref><ref>{{cite web| url= http://www.kirkland.com/sitecontent.cfm?contentID=220&itemID=8020 |website= kirkland.com| publisher= Kirkland & Ellis LLP| title= Kenneth W. Starr - Of Counsel| archiveurl= https://web.archive.org/web/20071114061139/http://www.kirkland.com/sitecontent.cfm?contentID=220&itemID=8020 |url-status= dead |archivedate=November 14, 2007 |accessdate= June 25, 2009}}</ref> As time went on, he was increasingly criticized for alleged [[conflicts of interest]] stemming from his continuing association with Kirkland & Ellis.<ref name="kirkland"/> Kirkland, like several other major law firms, was representing clients in litigation with the government, including tobacco companies and auto manufacturers.<ref name=hiddenmemo/> 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.<ref name=hiddenmemo/> Starr had explained to them why he believed that sitting U.S.&nbsp;Presidents are not immune to civil suit.<ref name=hiddenmemo>{{cite news|title=Can the President Be Indicted? A Long-Hidden Legal Memo Says Yes|date=July 22, 2017|work= The New York Times|url=https://www.nytimes.com/2017/07/22/us/politics/can-president-be-indicted-kenneth-starr-memo.html| first= Charlie |last= Savage|author-link= Charlie Savage (author)|access-date=January 21, 2018|archive-date=May 31, 2018|archive-url=https://web.archive.org/web/20180531012840/https://www.nytimes.com/2017/07/22/us/politics/can-president-be-indicted-kenneth-starr-memo.html|url-status=live}}</ref> When this constitutional question ultimately reached the Supreme Court, the justices unanimously agreed.{{citation needed|date= September 2022}}

=== Investigation of the death of Vince Foster ===
{{Main|Vince Foster|Arkansas Project}}
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.<ref>{{cite book| url= http://babel.hathitrust.org/cgi/pt?id=mdp.39015042166499;view=1up;seq=7| title= Appendix to the Report on the Death of Vincent W. Foster, Jr.| series= Vol. 2 has title:Appendix to Report on the death of Vincent W. Foster, Jr., containing comments of Kevin Fornshill, Helen Dickey, and Patrick Knowlton| year= 1997| archiveurl=https://web.archive.org/web/20160102083520/http://babel.hathitrust.org/cgi/pt?id=mdp.39015042166499;view=1up;seq=7 |archivedate=January 2, 2016 |publisher= HATHI trust digital library, Purdue University|volume= 2 | isbn= 9780160492747| access-date= }}</ref> 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 of the United States|first lady]] tried to cover it up."<ref name="cnn">{{cite news| url= http://www.cnn.com/ALLPOLITICS/1997/02/23/starr.report/|title=Report: Starr Rules Out Foul Play In Foster Death|date=February 23, 1997|work=All Politics|publisher=CNN|access-date=June 25, 2009|archive-date=June 9, 2009| archive-url=https://web.archive.org/web/20090609211503/http://www.cnn.com/ALLPOLITICS/1997/02/23/starr.report/|url-status=live}}</ref> [[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.<ref name="jackson">{{cite news| url= http://www.cnn.com/ALLPOLITICS/1998/04/27/scaife.profile/|title=Who Is Richard Mellon Scaife?|last=Jackson|first=Brookes|date=April 27, 1998|publisher=CNN|access-date=June 25, 2009|archive-date=March 7, 2021| archive-url=https://web.archive.org/web/20210307061025/http://www.cnn.com/ALLPOLITICS/1998/04/27/scaife.profile/|url-status=live}}</ref> Scaife's reporter on the Whitewater matter, [[Christopher Ruddy]], was a frequent critic of Starr's handling of the case.<ref name="jurkowitz">{{cite news|url=http://nl.newsbank.com/cgi-bin/ngate/BG?ext_docid=0EADDD04414A7CA3&ext_hed=THE%20RIGHT%60S%20DADDY%20MOREBUCKS%20BILLIONAIRE%27S%20CASH%20FUELS%20CONSERVATIVE%20JOURNALISM%27%20S%20FIRES&ext_theme=bg&pubcode=BG|title=The Right's Daddy Morebucks; Billionaire's cash fuels conservative journalism's fires|last=Jurkowitz|first=Mark|date=February 26, 1998|work=[[The Boston Globe]]|publisher=New York Times Co.|access-date=June 25, 2009|archive-date=September 4, 2015|archive-url=https://web.archive.org/web/20150904065457/http://nl.newsbank.com/cgi-bin/ngate/BG?ext_docid=0EADDD04414A7CA3&ext_hed=THE%20RIGHT%60S%20DADDY%20MOREBUCKS%20BILLIONAIRE%27S%20CASH%20FUELS%20CONSERVATIVE%20JOURNALISM%27%20S%20FIRES&ext_theme=bg&pubcode=BG|url-status=live}}</ref>

=== Expansion of the investigation ===
The law conferred broad investigative powers on Starr and the other independent counsels named to investigate the administration, including the right to subpoena nearly anyone who might have information relevant to the particular investigation.<ref name="timemag98"/> Starr would later receive authority to conduct additional investigations, including the firing of [[White House travel office controversy|White House Travel Office]] personnel, potential political abuse of confidential [[filegate|FBI&nbsp;files]], [[Madison Guaranty]], [[Rose Law Firm]], [[Paula Jones]] [[Clinton v. Jones|lawsuit]] and, most notoriously, possible perjury and obstruction of justice to cover up President Clinton's sexual relationship with [[Monica Lewinsky]].<ref name=yahooobit/> 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.<ref name="timemag98">{{cite magazine| last1= Lacayo| first1= Richard |last2= Cohen| first2= Adam | url= http://www.time.com/time/printout/0,8816,987779,00.html| archiveurl= https://archive.today/20130204082024/http://www.time.com/time/printout/0,8816,987779,00.html |title= Inside Starr and His Operation| magazine= Time| date= February 9, 1998| archivedate= February 4, 2013| access-date= }}</ref><ref name="froomkin">{{cite news| last= Froomkin| first= Dan |url= https://www.washingtonpost.com/wp-srv/politics/special/whitewater/whitewater.htm| title= Untangling Whitewater| archiveurl= https://web.archive.org/web/20201123211321/https://www.washingtonpost.com/wp-srv/politics/special/whitewater/whitewater.htm |archivedate=November 23, 2020 |newspaper= Washington Post| accessdate= June 25, 2009}}</ref>

=== Clinton–Lewinsky scandal, Paula Jones lawsuit ===
{{Main|Clinton–Lewinsky scandal|Clinton v. Jones}}
In his deposition for the Paula Jones lawsuit, Clinton denied having "sexual relations" with Monica Lewinsky.<ref name="king"/> 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.<ref name="king"/><ref name="deposition-pj"/>

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&nbsp;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.<ref name="deposition-pj">{{cite news|url=https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/clintondep031398.htm|title=President Clinton's Deposition in the Paula Jones Case|date=January 17, 1998|newspaper=Washington Post|access-date=June 25, 2009|archive-date=January 16, 2012|archive-url=https://web.archive.org/web/20120116091924/http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/clintondep031398.htm|url-status=live}}</ref><ref name="king">{{cite news|url=https://edition.cnn.com/ALLPOLITICS/1998/03/05/clinton.deposition/|title=New Details Of Clinton's Jones Deposition Leaked|last=King|first=John|date=May 3, 1998|publisher=CNN|access-date=June 25, 2009|archive-date=October 24, 2009|archive-url=https://web.archive.org/web/20091024095342/http://edition.cnn.com/ALLPOLITICS/1998/03/05/clinton.deposition/|url-status=live}}</ref><ref name="hentoff">{{cite news|title=Above the law; Bill Clinton gets away with perjury (editorial)|last=Hentoff|first=Nat|date=January 29, 2001|work=[[The Washington Times]]|publisher=The Washington Times LLC}}</ref> The judge ordered that Clinton be given an opportunity to review the agreed definition. Clinton flatly denied having sexual relations with Lewinsky.<ref name="starr">{{cite web |url= http://icreport.access.gpo.gov/report/6narrit.htm#L1|title=Nature of President Clinton's Relationship with Monica Lewinsky| publisher=Office of the Independent Counsel, US Government Printing Office|date=August 9, 1998|work= [[The Starr Report]]| access-date=June 25, 2009|archive-url=https://web.archive.org/web/20001203073600/http://icreport.access.gpo.gov/report/6narrit.htm#L1|archive-date=December 3, 2000|url-status=dead}}</ref> 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]].<ref name="king"/>

Starr's investigation eventually led to the [[Impeachment of Bill Clinton|impeachment of President Clinton]], with whom Starr shared ''[[Time (magazine)|Time]]''{{'}}s [[Time Magazine Person of the Year|Man of the Year]] designation for 1998.<ref name=yahooobit/><ref>{{cite magazine|url=https://content.time.com/time/specials/packages/0,28757,1996654,00.html|title=Bill Clinton and Kenneth Starr| magazine= Time |access-date=September 13, 2022|archive-date=September 13, 2022|archive-url=https://web.archive.org/web/20220913203143/http://content.time.com/time/specials/packages/0,28757,1996654,00.html|url-status=live}}</ref> Following his impeachment, the president was acquitted in the subsequent trial before the United States Senate as all 45&nbsp;Democrats and 10 Republicans voted to acquit.<ref>See [[Impeachment of Bill Clinton#Trial before U.S.&nbsp;Senate]].</ref>

=== Second thoughts on DOJ request ===
In 2004, Starr expressed regret for ever having asked the Department of Justice to assign him to oversee the Lewinsky investigation personally, saying, "the most fundamental thing that could have been done differently" would have been for somebody else to have investigated the matter.<ref name="media">{{cite news| work= [[Deseret News]]| url=https://www.deseret.com/2004/12/4/19864833/starr-regrets-lead-role-in-clinton-investigation |title=Starr regrets lead role in Clinton investigation |archiveurl=https://web.archive.org/web/20220407005103/https://www.deseret.com/2004/12/4/19864833/starr-regrets-lead-role-in-clinton-investigation |archivedate=April 7, 2022 |date= December 4, 2004| access-date= }}</ref>

=== Criticism and political satire ===
As with many controversial figures, Kenneth Starr was the subject of political satire. For example, the book, ''And the Horse He Rode in On'' by James Carville  attempted to portray Mr. Starr's time as special prosecutor in comically negative light.