David E. Kendall

Following a clerkship with Supreme Court Justice Byron White, Kendall served at the NAACP Legal Defense Fund from 1973 to 1978, focusing on criminal defense practice, and handling high-profile death penalty cases including Coker v. Georgia and the death penalty appeals of John Arthur Spenkelink.[8] [4]

He joined Williams & Connolly LLP, a Washington, D.C. law firm, in 1978 and became a partner there in 1981.[5] He currently works on diverse matters such as intellectual property,[5] criminal investigations,[6] and the William J. Clinton Presidential Center and Clinton Foundation. As he states in his profile at his law firm's web page, he "has appeared in trial courts in 23 states and has argued appeals in six federal courts of appeal, seven state supreme courts, and the Supreme Court of the United States."[5] He has briefed and argued numerous important criminal cases before the Supreme Court on pro bono assignments.

His notable clients have included the Washington Post and the National Enquirer (in First Amendment cases[5]),[6] Baltimore Orioles owner Peter Angelos (in a naming rights case[5]),[6] the Motion Picture Association of America (in their copyright and intellectual property case against Napster and Grokster[5]),[6] as well as AOL and other clients.[6] He successfully defended AOL in a class-action suit, Tasini v. AOL, wherein contributors to The Huffington Post, who were not paid for their work, claimed that they were entitled to compensation when AOL purchased The Huffington Post.[9][10]

Kendall began representing President Clinton in November 1993 in an investigation related to the Arkansas savings and loan, Whitewater Development Company, Inc.[6] As the investigation expanded, Kendall went on to represent Clinton during the 1998–99 impeachment proceedings, and continues to represent the Clintons in miscellaneous civil matters.[5][6]

Kendall advised President Clinton during the grand jury appearance that led to the discovery of Clinton's relationship with White House intern Monica Lewinsky. The Washington Post notes that the Washington legal establishment was critical of Kendall's advising Clinton to pursue the "legalistic argument" that Clinton's sexual encounters with the intern did not constitute a sexual relationship, "for not having Clinton come forward earlier with the truth about Lewinsky, for letting him testify before the grand jury [and digging] himself into even deeper… trouble with his… answers, and for inflaming [Independent Counsel Kenneth] Starr with repeated attacks;"[11] he is credited, however, for the fruit born from battles with Starr, including the August 1998 ruling of Judge Norma Holloway Johnson "accusing Starr of violating grand jury secrecy rules," and for improving the public's perception of his client's case by referring to the Starr Report as "an extravagant effort to find a case where there is none."[11]

Kendall served as counsel to retired General David Petraeus, over his mishandling and dissemination of classified materials (to his biographer, Paula Broadwell), where Kendall saw felony charges reduced and possible prison time avoided in Petraeus's misdemeanor guilty plea and sentence of two years of probation and a $100,000 fine.[12][13]

Kendall began representing former Secretary of State, Hillary Clinton, before her State Department appointment, in November 1993, over matters regarding an Arkansas savings and loan, Whitewater Development Company, Inc.,[6] and represented her interests throughout her husband's legal challenges during his presidency, including in bar counsel investigations and civil litigation.[6]

Kendall currently represents the former Secretary in the matter of her use of a private e-mail server while serving as United States Secretary of State,[14][15] as well as in various civil matters.[6]