DOJ’s Kristen Clarke Faces Criminal Referral And Ethics Complaints For Senate Perjury

Kristen Clarke, assistant attorney general for civil rights at the Department of Justice, is under fire after facing three ethics complaints and a criminal referral for allegedly lying during her Senate confirmation. The Daily Signal reported that Clarke is accused of committing perjury by concealing a past domestic violence arrest from Senate investigators.

Clarke’s ex-husband, Reginald Avery, claimed she attacked him with a knife in 2006, leading to her arrest. The incident was later expunged from her record. Avery told the American Accountability Project that the altercation occurred because Clarke believed he was seeing another woman. During her confirmation process, Sen. Tom Cotton (R-AR) asked if she had ever been arrested for a violent crime, to which Clarke responded “No.”

The Article III Project, a conservative nonprofit, filed the complaints and criminal referral, urging Attorney General Merrick Garland to open a probe into Clarke for making false statements. Article III Project founder Mike Davis highlighted Clarke’s admission to CNN about her arrest, contradicting her sworn statement to the Senate.

Clarke defended her actions, stating she did not disclose the arrest because it was expunged and described herself as a long-term victim of domestic violence. Avery denied the abuse allegations, and police and court records corroborated Clarke’s arrest.

Davis criticized Clarke for misleading the Senate, emphasizing that the prerogative to evaluate a nominee lies with the Senate, not the individual or the state. The Article III Project also filed ethics complaints with disciplinary counsel offices in New York and Washington, D.C., and the DOJ’s Office of Professional Responsibility.

Multiple Republican lawmakers and the New York Post Editorial Board have called for Clarke’s resignation since the Daily Signal’s report. Clarke’s confirmation in May 2021 was contentious, given her past advocacy for radical policies and defense of controversial figures.