Kristen Clarke

Kristen Clarke Was Confirmed As Assistant Attorney General For Civil Rights On May 25, 2021. “The Senate voted 51-48 on Tuesday to confirm longtime civil rights attorney Kristen Clarke to lead the Justice Department's Civil Rights Division.” [Axios, 5/25/21]

AP News Reported Kristen Clarke Was Selected As President-Elect Biden’s Nominee For Assistant Attorney General For Civil Rights. “Biden is expected to announce Garland’s appointment on Thursday, along with other senior leaders of the department, including former homeland security adviser Lisa Monaco as deputy attorney general and former Justice Department civil rights chief Vanita Gupta as associate attorney general, the No. 3 official. He will also name an assistant attorney general for civil rights, Kristen Clarke, the president of Lawyers’ Committee for Civil Rights Under Law, an advocacy group.” [AP News, 1/6/21]

Clarke’s Biography Is Listed On The Biden-Harris Transition Website. “JUSTICE NOMINEES AND APPOINTEES … Kristen Clarke … Assistant Attorney General for the Civil Rights Division” [Biden-Harris Transition, 1/7/21]

• President and Executive Director of the Lawyers’ Committee for Civil Rights (2016–2021)
• Chief of the Civil Rights Bureau for the New York State Attorney General’s Office (2011–2015)
• Co-Director of the Political Participation Group at the NAACP Legal Defense and Educational Fund, Inc. (2006–2011)
• Trial Attorney, Civil Rights Division, U.S. Department of Justice (2000-2006)

On September 14,2021 Clarke Announced The DOJ’s Investigation Into Abusive, Inhumane Conditions In Georgia’s Prisons. “We are here today to announce that the U.S. Department of Justice is launching a state-wide civil investigation into prisons of Georgia. This investigation will be comprehensive, but will focus on harm to prisoners resulting from prisoner-on-prisoner violence. We are also investigating sexual abuse of gay, lesbian and transgender prisoners by prisoners and staff.We are conducting this investigation pursuant to the Civil Rights of Institutionalized Persons Act. This federal law authorizes the Department of Justice to investigate state prisons to determine whether incarcerated people are subjected to a pattern or practice of constitutional violations. Our investigations have been successful at identifying not only whether systemic constitutional violations are occurring, but also the root causes of any such violations – so that those causes can be fixed and the violations can stop. Our country was founded on high ideals. Under the Eighth Amendment of our Constitution, those who have been convicted of crimes and sentenced to serve time in prison must never be subjected to “cruel and unusual punishments.” [Department of Justice, 9/14/21]

The Investigtion Was Sparked By “Alarming Reports” Of Assaulted Prisoners, Particularly Imprisoned LGBTQIA+ People. “Assistant Attorney General Kristen Clarke, chief of Justice's Civil Rights Division, the said [sic] the inquiry was sparked by alarming reports of prisoner-on-prisoner attacks, along with prisoner and staff assaults on gay, lesbian and transgender inmates. The department's action expands on an existing federal inquiry started in 2016 that had been focused the sexual abuse of LGBT prisoners.Earlier this month, the Georgia detention system was named in a federal civil rights lawsuit, alleging "abysmal" conditions inside solitary confinement wings that have "deteriorated past the point of constitutional crisis." [USA Today, 9/14/21]

The Investigation Is A Continuation Of DOJ’s Civil Rights Division’s 2016 Investigation Of Georgia Prisons.“Assistant Attorney General Clarke says the Justice Department began an investigation into Georgia prisons in 2016. She couldn't comment on its status, and there have been no public updates on the Civil Rights Division's work until now. Georgia's Department of Corrections says it's cooperated with the Justice Department and denies it's violated prison or civil rights.” [NPR, 9/14/21]

Clarke Stated That Confronting Unconsitutial And Inhumane Prison Conditions Is A Top Priority For DOJ’s Civil Rights Division. “We also will continue the work of our existing investigation into whether the State of Georgia adequately protects lesbian, gay, bisexual, transgender and intersex, or LGBTI, prisoners from sexual abuse by other prisoners and by staff. I am pleased to announce that a team of career civil attorneys from the Special Litigation Section of the Civil Rights Division will be joined by career lawyers in all three United States Attorney’s Offices in Georgia in conducting the investigation. The investigation will be independent, thorough, and fair. We have not made, and will not make, any conclusions until our investigation is complete.  If our investigation reveals reasonable cause to believe there is a systemic constitutional violation, we will provide written notice to the State of Georgia of the violation or violations, along with the supporting facts and the minimal remedial measures. We will seek to work cooperatively with the state to establish solutions to any problems our investigation uncovers … Confronting unconstitutional, unlawful and inhumane prison conditions is a top priority for the Civil Rights Division of the Justice Department. As Nelson Mandela said: “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.” [Department of Justice, 9/14/21]

The Southern Center For Human Rights Applauded The Announcement. “Sara Totonchi, the Southern Center's executive director, said the group is "deeply grateful" for the Justice action."This is a significant step in our ongoing struggle for accountability for the lives that have been lost and for the people who continue to suffer behind the walls," Totonchi said.” [USA Today, 9/14/21]

In Written Responses For The Record, Clarke Cited A Supreme Court Precedent And Pledged To Uphold Federal Abortion Law

When Asked About Various Reproductive Rights Issues, Clarke Cited A Supreme Court Precedent. “67. For purposes of federal law, when does life begin? RESPONSE: In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court stated that the court ‘need not resolve’ the question of when life begins. Id. at 159 … 68. Does the definition of when human life begins for purposes of federal law differ from the scientific definition of when human life begins? RESPONSE: In Roe v. Wade, 410 U.S. 113 (1973), the Supreme Court stated that the court ‘need not resolve’ the question of when life begins. Id. at 159 … 69. At what point in human development does the United States have a compelling interest in protecting a human life? RESPONSE: In Planned Parenthood v. Casey, the Supreme Court held that states may regulate abortion prior to viability based on the state’s interest in maternal health and potential life, provided those regulations did not impose and do not have ‘the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.’ 505 U.S. 833, 877 (1992).” [Senate Judiciary Committee, accessed 4/29/21]

Clarke Did Not Give In To Anti-Choice Talking Points And Pledged To Uphold Federal Abortion Law And Supreme Court Precedent. “70. Do you support laws penalizing fetal homicide? RESPONSE: If I am confirmed as Assistant Attorney General for the Civil Rights Division, my mandate will be to enforce the law, as I have done throughout my career. 71. Do you support the Unborn Victims of Violence Act of 2004, which provides that a person guilty of killing a child in utero may be punished to the same extent as if they had killed the child’s mother, and that a person who intentionally kills a child in utero may be charged as a homicide (i.e., murder or manslaughter)? RESPONSE: If confirmed as Assistant Attorney General for the Civil Rights Division, my duty will be to enforce the Constitution and other federal laws consistent with Supreme Court precedent. 72. Given that ‘homicide’ requires the killing of an innocent human being, do you agree that in order to punish someone for violating this statute, the child in utero would have to be a human being? RESPONSE: If confirmed as Assistant Attorney General for the Civil Rights Division, my duty will be to enforce the Constitution and other federal laws consistent with Supreme Court precedent. 73. Are there any circumstances which justify the killing of an innocent human being? RESPONSE: I am not aware of what circumstances you may be referring in your question. If confirmed as Assistant Attorney General for the Civil Rights Division, my duty will be to enforce the Constitution and other federal laws consistent with Supreme Court precedent. 74. Do you support the Born Alive Infants Protection Act? RESPONSE: If confirmed as Assistant Attorney General for the Civil Rights Division, my duty will be to enforce the Constitution and other federal laws consistent with Supreme Court precedent.” [Senate Judiciary Committee, accessed 4/29/21]

In Written Responses For The Record, Clarke Pledged To Uphold LGBTQ Rights

Clarke Pledged To Uphold Biden’s Executive Order On Preventing And Combating LGBTQ Discrimination. “79. Do you believe that a women’s shelter that denies entry to a person with a male body who claims to identify as a woman—knowing nothing else—should be denied federal funding? RESPONSE: I am not aware of all the relevant facts concerning this hypothetical, and therefore am not in a position to comment. As the President’s Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation provides, every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love. All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation. Transgender people can be discriminated against because their gender identity does not match the sex they were assigned at birth. If confirmed, I will enforce federal law and, as Attorney General Garland has explained, advance the Administration’s policy program consistent with the Department’s objective assessment of the law.” [Senate Judiciary Committee, accessed 4/29/21]

Clarke Voiced Her Respect For The Personal Medical Decisions Of Transgender People. “83. Do you believe parents should be involved in the decision of whether to administer hormone blockers or other gender reassignment therapies to their minor child? RESPONSE: A person’s gender identity is a personal matter. Each situation is unique, whether involving a minor or an adult, and any decision to receive medical treatment is similarly personal and particular to the individual. If I am confirmed, it will not be my mandate to proscribe rules for individual families and persons should address these very personal situations. I will enforce all federal laws within my purview, and work to ensure that every person is treated with respect and dignity and can live without fear, no matter who they are or who they love.” [Senate Judiciary Committee, accessed 4/29/21]

Clarke Stated That She Disagreed With The Supreme Court’s Masterpiece Cakeshop Decision Because The Court “Missed An Opportunity To Discourage [Anti-LGBTQIA+] Discrimination.” “26. Why did you tweet that Masterpiece Cakeshop Supreme Court decision ‘devastating’ and ‘gravely unfortunate’? Tweet is located at https://twitter.com/KristenClarkeJD/status/1003642893662334976. RESPONSE: I stated at the time that I thought the Supreme Court decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018), missed an opportunity to discourage discrimination against people on the basis of their LGBT status. The Court’s decision recognized the authority of states to ‘protect the rights and dignity of gay persons who are, or wish to be, married but who face discrimination when they seek goods or services,’ and also that all people have the right to the free exercise of religion. Id. at 1723. If confirmed, I will work with other Department leaders and with career staff to follow and enforce the law and Supreme Court precedents like Masterpiece Cakeshop.” [Senate Judiciary Committee, accessed 4/29/21]

During Her Confirmation Hearing, Clarke Vowed To Fight Back Against Hate And Extremism Targeting Minority Groups, Including LGBTQIA+ People

Clarke Vowed To Fight Back Against The Rise In Hate And Extremism Targeting Minority Groups, Including LGBTQIA+ People. “I am gravely concerned about the rise in hate and extremism that we’re seeing in this country, that black people are experiencing, LGBTQ people, the AAPI community, and it is not lost on me that Jewish people continue to suffer from antisemitism. And this is an ill that I hope to fight back against if confirmed to the role.” [Senate Judiciary Committee, 4/14/21]