Starr assigned Kavanaugh to play a key role in authoring Starr’s report to Congress, which included a section setting forth potential bases for impeaching the president; among them was a claim that Clinton should be impeached for going to court to assert the executive privilege in the first place. According to Starr and Kavanaugh, the privilege assertion was itself impeachable, because it was purportedly meritless and Clinton had managed to use the privilege litigation to delay Starr’s investigation. As the Starr Report put it, the temporary delay amounted to an illicit “conceal[ment]” by Clinton of his “personal misconduct.” Starr and Kavanaugh also argued that Clinton should be impeached because he refused to voluntarily testify himself, despite the fact that (unlike Trump) Clinton ultimately testified after receiving a subpoena; once again, mere delay was deemed potentially impeachable.

The House did not ultimately include the Starr/Kavanaugh theory of obstruction by litigation delay in its articles of impeachment, but then, Trump’s stonewalling scheme is far more comprehensive than anything Clinton ever attempted.