WASHINGTON — The Article III Project (A3P) filed a criminal referral and three ethics complaints against Kristen Clarke, Assistant Attorney General for Civil Rights at the U.S. Department of Justice (DOJ). The filings are based on credible evidence that Clarke committed perjury during her Senate confirmation hearing in 2021 by falsely denying a past arrest for a violent domestic dispute. Clarke’s false testimony violates federal law.
A3P submitted a criminal referral to Attorney General Merrick Garland, along with filing three complaints–one in New York, one in D.C., and one with the Office of Professional Responsibility (OPR) within the DOJ.
Recently, evidence emerged that Clarke lied under oath during her confirmation process, hiding her arrest for a violent altercation with her then-husband, Reginald Avery. Despite the severity of these allegations and the overwhelming evidence, Attorney General Merrick Garland hasn’t taken any public action.
The allegations against Kristen Clarke stem from an incident in 2006, where Clarke allegedly attacked Avery with a knife, resulting in injuries that required emergency medical treatment. Clarke was arrested following the incident, corroborated by police logs and court records. Despite this, Clarke denied under oath in response to a question from Senator Tom Cotton (R-AR) whether she was arrested for or accused of a violent crime during her Senate confirmation hearing. A3P’s filings are based on two violations of federal law: knowingly and willfully making materially false statements, and perjury.
“There is ample evidence to support this referral for false statements and perjury. Avery has accused Kristen Clarke of a violent crime. He also has alleged that local Maryland police arrested her. Police and court records corroborate the occurrence of the arrest. Most crucially, Kristen Clarke acknowledged it in her statement to reporter Hannah Rabinowitz of CNN. Kristen Clarke answered Senator Cotton’s question under oath in a manner contrary to her admission three years later,” said Mike Davis, Founder and President of A3P, in the criminal referral.
“Kristen Clarke’s conduct is egregious. Senator Cotton asked her a straightforward question, and she willfully and knowingly gave a false answer. Kristen Clarke claims that she had an ‘option’ not to disclose this incident. This assertion shows an utter disregard for the role of the United States Senate in evaluating the worthiness of a nominee for confirmation. Neither Kristen Clarke nor the State of Maryland is entitled to decide what information the Senate deserves to know. That prerogative lies with the Senate. Senator Cotton asked a routine question, and Kristen Clarke failed to answer it honestly,” Davis added.
"Attorney General Merrick Garland has repeatedly stated ‘nobody is above the law’ after he systematically indicted President Trump, his top aides, and his supporters. But with Garland’s refusal to take any action more than seven weeks after uncontroverted evidence and public reporting of Kristen Clarke’s perjury to the Senate, it is very clear Kristen Clarke is above the law,” Davis concluded.
The Article III Project (A3P) was founded by veteran GOP operative and attorney Mike Davis, who, after helping win the Senate confirmation battles of Neil Gorsuch and Brett Kavanaugh, developed the reputation as a “take-no-prisoners conservative eager to challenge the left with hardball tactics,” as reported in The New York Times.
A3P defends constitutionalist judges, punches back on radical assaults on judicial independence (like court-packing) and opposes judicial and other nominees who are outside of the mainstream. Davis previously served as Chief Counsel for Nominations to Chairman Chuck Grassley (R-Iowa) on the United States Senate Committee on the Judiciary and led the Senate confirmation of Justice Brett Kavanaugh and a record number of circuit court judges.
