Kenneth Starr is one of the most recognizable legal figures of the late 20th century — the independent Special Counsel whose four-year investigation of President Bill Clinton culminated in the Lewinsky scandal and Clinton’s impeachment. That Starr also served as one of Jeffrey Epstein’s primary defense attorneys during the 2007-2008 non-prosecution agreement negotiations was an irony noted widely but rarely analyzed.
Starr’s Background
Starr had served as Solicitor General under President George H.W. Bush, as a federal appeals court judge, and as the independent Special Counsel in the sprawling investigation of President Clinton that examined everything from the Whitewater land deal to Monica Lewinsky. His 1998 report to Congress was the basis for Clinton’s impeachment in the House. He went on to become dean of Pepperdine Law School and later president of Baylor University.
Taking Epstein’s Case
By the time of Epstein’s 2007 federal investigation in Florida, Starr was in private practice in Washington at a major law firm. His reputation as one of America’s most experienced federal prosecutors made him an ideal hire for a defendant facing serious federal charges who needed someone who understood the inner workings of DOJ decision-making.
Starr joined Epstein’s legal team led primarily by Alan Dershowitz and Jay Lefkowitz.
Role in NPA Negotiations
Starr participated in the negotiation strategy that produced the 2008 non-prosecution agreement. The presence of attorneys of this stature — Starr and Dershowitz specifically — on Epstein’s defense team was cited by prosecutors and commentators as a factor in the NPA’s extraordinary favorability to Epstein. The legal team’s access and professional connections to DOJ officials was without peer.
Later Career
Starr was later removed as Baylor University president in 2016 following a campus sexual assault scandal in which the university was found to have mishandled reports of assault by athletes — a situation that drew sardonic commentary given his Epstein representation.
Significance
Starr’s involvement in the Epstein defense illustrates how the very highest levels of the legal profession are available — for sufficient fees — to any client, regardless of the nature of the charges. The market for elite criminal defense advocacy at Epstein’s level operates essentially without reputational constraint.