EXCLUSIVE: Record Casts Doubt on DOJ Official's Testimony
The DOJ's Kristen Clarke was allegedly involved in a violent domestic dispute with her ex-husband that ended in an arrest, records show.
PoliticsNews
EXCLUSIVE: DOJ’s Kristen Clarke Testified She Was Never Arrested. Court Records and Text Messages Indicate She Was.
Mary Margaret Olohan / @MaryMargOlohan / April 30, 2024
Credit: Katrina Hutchins. Photo by Kevin Dietsch/Getty Images.
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FIRST ON THE DAILY SIGNAL: Before becoming one of the Justice Department’s top leaders, Assistant Attorney General Kristen Clarke was allegedly involved in a violent domestic dispute, according to court documents, records, and text messages—an incident that ended in her arrest and was ultimately expunged. During her Senate confirmation, Clarke specifically denied ever having been arrested for or accused of committing a violent crime.
Clarke was nominated by President-elect Joe Biden on Jan. 7, 2021, and later confirmed by the U.S. Senate on May 25, 2021, to lead the DOJ’s “crown jewel,” as former Attorney General Eric H. Holder Jr. described the Civil Rights Division.
Biden and Vice President Kamala Harris celebrated Clarke as the first black woman to head the Civil Rights Division, promising she would focus on fighting voter suppression and hate crimes “across the country.”
During her confirmation, Sen. Tom Cotton, R-Ark., asked then-nominee Clarke: “Since becoming a legal adult, have you ever been arrested for or accused of committing a violent crime against any person?”
“No,” she responded, according to responses she submitted under oath to “Questions for the Record” from U.S. senators.
Messages as well as records obtained and authenticated by The Daily Signal indicate that Clarke may have been less than forthcoming with this statement.
Clarke’s ex-husband, Reginald Avery, alleged to the American Accountability Foundation’s Tom Jones in 2021 that Clarke attacked him with a knife, deeply slicing his finger to the bone, on the night of July 4, 2006, while they were married and living in Maryland.
According to messages and documents reviewed by The Daily Signal, police arrested Clarke that night. She did not respond to requests for comment for this story.
Court records obtained by The Daily Signal show that a criminal case against Clarke was initiated in the District Court of Maryland for Prince George’s County, but on Oct. 17, 2006, the Maryland state attorney entered a request of “nolle prosequi” in the case, which effectively dismissed the charge without trial.
Approximately a year-and-a-half later, Clarke sought an “Order for Expungement of Police and Court Records” in the same case.
A document obtained by The Daily Signal shows that the district court granted that order in January 2008. The document specifically orders “expungement of police records pertaining to [Clarke’s] arrest, detention, or confinement” on or about July 5, 2006, by a “law enforcement officer of the Prince George’s County Police.”
Citing the “True Test” stamp on the expungement order, an official at the clerk’s office for the District Court of Maryland for Prince George’s County confirmed the authenticity of the expungement order to The Daily Signal.
“That’s a real document,” the official said.
Court records show that Avery and Clarke finalized their contentious divorce in 2009. Clarke had served as a trial attorney for the DOJ’s Civil Rights Division until April 2006, several months before the incident.
When the July 4, 2006, incident occurred, Clarke was leading the left-wing National Association for the Advancement of Colored People (NAACP) Legal Defense Fund’s voting and election efforts.
Expungements: To Disclose or Not to Disclose
It is not immediately clear whether Clarke was legally required to disclose her arrest during her nomination process, though this seems to generally be considered the prudential course of action to take during such a process.According to Maryland law, Criminal Procedure §10-109, “Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required” by an employer or educational institution of a person who is applying for employment or admission or by a “unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.”
That Maryland code also says that a person does not need to reveal information about an expunged charge when answering a question concerning a criminal charge that did not result in a conviction.
However, the nonprofit law firm Maryland Legal Aid notes that it is probably prudent to disclose expungement records when applying for certain types of jobs that require a security clearance, such as government or military jobs, since these types of employers are still going to be able to see the criminal charges in a person’s background.
Mark Robbins, who served as general counsel of the U.S. Office of Personnel Management under former Presidents George W. Bush and Donald Trump, believes that a DOJ nominee should indeed disclose an expunged arrest when specifically asked.
Robbins noted that though the expungement processes are typically determined by state law, presidential nominees for Senate confirmation go through a political process. There are two sets of paperwork relevant to a nomination, he said: the first from the White House for clearance before nomination, and the second from the relevant Senate committee.
Both of these sets contain questions about criminal and civil legal actions, Robbins said, as well as an open-ended question to the effect of: “Is there anything else that could even unfairly be seen as a potential hurdle to confirmation?”
“An arrest with an expungement likely has a background and explanation,” he said. “Why not disclose it? It isn’t particularly relevant what the legal consequence of expungement is. The issue is the political consequence of an arrest becoming public during or after the confirmation process, thus embarrassing the administration and Senate.”
Robbins concluded: “In my service as general counsel at two federal agencies, if a nominee asked me whether to disclose an arrest and expungement, I certainly would advise to either disclose in the paperwork with an explanation, or at the very least, note for the record that you would like to discuss this personally with someone in the White House or on the Senate committee staff.”
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