DoJ Official: I Had No Obligation to Disclose an Expunged Arrest

In a written questionnaire from Republican Sen. Tom Cotton for the record before her Senate confirmation, Clarke answered “no” to a question asking whether, “since becoming a legal adult, have you ever been arrested for or accused of committing a violent crime against any person?”

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Clarke acknowledged that she was arrested in her statement on Wednesday but said the arrest was expunged – meaning it was removed from her record and no longer exists – and that she wasn’t required to disclose it.

“When given the option to speak about such traumatic incidents in my life, I have chosen not to,” Clarke wrote. “I didn’t believe during my confirmation process and I don’t believe now that I was obligated to share a fully expunged matter from my past.”

Ed Morrissey

That might be true if this were some arcane employment situation. But in a Senate confirmation, especially to a leadership position in the Department of Justice? That's stretching the "expungement" immunity a bit far. 

Besides, that's not really her call; the Senate will decide whether Clarke violated 18 USC 1001 and whether to refer it to the DoJ for prosecution. I'd bet that there aren't enough votes to take action, but that doesn't make Clarke immune from the debate. 

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