Kenneth Starr Replaces Robert Fiske as Whitewater Independent Counsel

Pursuant to the newly reauthorized Ethics in Government Act, a special three-judge division of the D.C. Circuit Court appoints Kenneth Starr, former U.S. Solicitor General under George H.W. Bush, as independent counsel to continue the Whitewater investigation, replacing Robert Fiske. The Special Division’s decision to remove Fiske, a moderate Republican appointed by Attorney General Janet Reno, and replace him with Starr, a more conservative figure, raises questions about political motivations.

Starr is initially appointed to investigate the suicide of deputy White House counsel Vince Foster and the Whitewater real estate investments of the Clintons, focusing on their relationships with Madison Guaranty Savings & Loan Association and Whitewater Development Corporation. However, Starr’s investigation would dramatically expand far beyond its original scope over the following four years, eventually encompassing multiple alleged scandals labeled “Travelgate” (firing of White House travel office employees), “Filegate” (alleged misuse of FBI files), and ultimately the Monica Lewinsky affair.

The Whitewater investigation under Starr would consume several years and cost more than $50 million in taxpayer funds but would not turn up conclusive evidence of wrongdoing by the Clintons related to the original Arkansas real estate deal. Instead, Starr’s expanding investigation would lead to President Clinton’s impeachment in 1998 on charges of perjury and obstruction of justice related to the Lewinsky affair—a matter completely unrelated to the initial Whitewater allegations that prompted his appointment.