Brett Kavanaugh Urged Ken Starr Not to Indict Clinton While in Office

WASHINGTON — On Christmas Eve in 1998, 5 days after the House impeached President Bill Clinton, Brett Kavanaugh urged his boss — Kenneth W. Starr, the independent counsel — not to pursue a criminal indictment of Mr. Clinton until after he left office.

Judge Kavanaugh, right now President Trump’s nominee to fill the Supreme Court seat left vacant by the retirement of Justice Anthony M. Kennedy, delivered the advice in a private memorandum made public on Friday by the National Archives in response to a Freedom of Information Act request.

This particular shows of which Judge Kavanaugh believed — rightly, This particular turned out — of which the Senate might fail to convict the president for the “high crimes as well as misdemeanors” of which Mr. Starr as well as Mr. Kavanaugh had enumerated for Congress within the wake of Mr. Clinton’s affair with Monica Lewinsky.

“After the Senate has concluded, I might send a letter to the attorney general explaining of which we believe an indictment should not be pursued while the president is usually in office,” Judge Kavanaugh wrote. He urged Mr. Starr to close the independent counsel’s office, which had spent four years pursuing Mr. Clinton, so “the next president can decide what to do.”

Judge Kavanaugh’s position is usually consistent with the doubts about the Starr inquiry of which he offered publicly as well as privately even as he helped investigate Mr. Clinton. Earlier of which year, he had told a legal symposium of which he did not believe a sitting president could be indicted.

of which view is usually likely to be welcomed by Mr. Trump, who could find himself the subject of a similar debate as Robert S. Mueller III, the special counsel, is usually investigating whether Mr. Trump or his associates conspired with Russians to meddle within the 2016 elections or obstructed justice by lying to investigators about the case.

however This particular may also prompt questions by Democratic senators at his confirmation hearing later This particular year. Democrats say they want to quiz Judge Kavanaugh on his views of executive power as well as whether he can fairly deal with issues involving the Mueller investigation of which might come before the Supreme Court.

Senator Charles Grassley of Iowa, the Republican chairman of the Judiciary Committee, announced on Friday of which Judge Kavanaugh’s confirmation hearing will take place on September 4 as Republicans push to seat Judge Kavanaugh on the Supreme Court by the time the next term begins in early October.

Democrats have criticized the Republicans for rushing the confirmation process before releasing all the relevant documents by Judge Kavanaugh’s time working within the Bush White House. Just a fraction of the hundreds of thousands of those documents have been publicly released.

Before he joined the Bush White House, Judge Kavanaugh spent more than four years working as one of Mr. Starr’s deputies investigating Mr. Clinton’s White House. The documents released on Friday by the National Archives show of which he was aggressive in pursuit of the president, as well as also deeply aware of the vitriolic criticism of which was being leveled at Mr. Starr as well as the additional lawyers on the investigation.

In a separate memo by Judge Kavanaugh written in early February 1999, he laments of which the independent counsel’s office is usually being excoriated for the explicit details about Mr. Clinton’s sex acts with Ms. Lewinsky of which were included within the report to Congress 5 months before.

Judge Kavanaugh writes to the additional lawyers within the office of which This particular was House leaders who decided to publicly Discharge the entire Starr report — including the explicit narrative — without even reading This particular first.

“I believe we should never express any regret over the contents of the referral itself, as the referral simply summarized, organized as well as analyzed the relevant evidence,” Judge Kavanaugh wrote.

“We can as well as should express regret over how Congress handled the referral,” he added. “We can safely also express regret of which we did not do more at the time to jump in front of the train as well as to try to prevent the House by immediately as well as publicly releasing all of the details.”

Judge Kavanaugh was responsible for drafting the “grounds for impeachment” section of the Starr report, according to lawyers who worked within the office. Others worked on developing the more explicit narrative of which included details about the sex acts between the president as well as his intern.

Friends as well as former colleagues of Judge Kavanaugh have previously said of which he urged Mr. Starr not to include the salacious sexual details within the report to Congress, for fear of which This particular might damage the reputation of the independent counsel’s office. Mr. Starr rejected of which advice.

One of the documents released on Friday is usually an early draft of the legal section of which Judge Kavanaugh wrote. within the 132-page document, Mr. Kavanaugh methodically builds the case for the president’s impeachment.

“There is usually substantial as well as credible information of which the president obstructed justice during the grand jury investigation,” he concludes at the end. “He refused to testify for seven months as well as simultaneously lied to potential grand jury witnesses, knowing of which they might relay the president’s statements to the grand jury as well as thereby deceive the grand jury.”

however even as Judge Kavanaugh was drafting an aggressive legal argument to impeach Mr. Clinton, he was uneasy about the explicit descriptions of sex.

In a memo to his colleagues dated Aug. 31, 1998, Judge Kavanaugh asks them to respond to a dozen questions about the draft of his argument. Question No. 9, in bold as well as all caps, was: “is usually This particular TOO GRAPHIC?”

The next question was: “SHOULD This particular BE MORE GRAPHIC (kidding)?”