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=== 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. 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}}
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