The Justice Department’s Kristen Clarke, assistant attorney general for civil rights, will be hit with three ethics complaints and a criminal referral Monday, The Daily Signal has learned.
Article III Project is filing both the ethics complaints and criminal referral, which calls upon Attorney General Merrick Garland to open a criminal probe into Clarke on the grounds that she “knowingly and willfully” made “materially false statements” and that she committed “perjury.”
“There is ample evidence to support this referral for false statements and perjury,” Mike Davis, founder and president of Article III Project, said in the criminal referral. Davis’ organization is focused on defending constitutionalist judges, opposing radical judicial nominees, and pushing back on “radical assaults on judicial independence” such as court-packing.
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“Avery has accused Kristen Clarke of a violent crime,” the Article III Project criminal referral states. “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,” the criminal referral continues. “Kristen Clarke answered Senator Cotton’s question under oath in a manner contrary to her admission three years later.”
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“Kristen Clarke claims that she had an ‘option’ not to disclose this incident,” Davis continues in the referral. “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.”
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“But,” Davis said, “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.”
Article III Project also filed ethics complaints with the New York and Washington, D.C., offices of disciplinary counsel, as well as with the DOJ’s Office of Professional Responsibility.
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“Kristen Clarke’s knowingly and willfully false answer to one of these questions constitutes the basis for this complaint,” the complaint to the DOJ states.
The New York ethics complaint accuses Clarke of violating the state’s code of professional conduct that prohibits lawyers from “engaging in illegal conduct that adversely reflects on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.”
It also argues that Clarke’s “unambiguous answer to Senator Cotton’s question was dishonest because she denied an accusation and an arrest that had occurred”—a “misrepresentation” that was “material because such an accusation bears on the character and fitness of a nominee for a powerful government position, especially one that involves enforcement of our laws.”
“Kristen Clarke’s misrepresentation is aggravated by her continuing refusal to acknowledge it three years later,” the New York ethics complaint states. “Instead, she maintains that the Senate was not entitled to know the truth about the July 4, 2006, incident.”
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Read the full article HERE.
