Jeff Clark is once again engaging in controversial activity, as indicated by his numerous legal battles. The former assistant attorney general’s strategies to abet Donald Trump in snatching swing state electors resulted in a RICO lawsuit against him in Georgia and his label as “Co-Conspirator 4” in the Trump election interference indictment. His actions have also initiated a bar investigation in DC; though he managed to delay the investigation by taking it to federal court, it didn’t last long due to the shortcoming in his argument that the DC bar, not being a state bar, couldn’t discipline him.
Clark is now appealing to the DC Court of Appeals for his case to be heard en banc, following the rejection from the first panel of non-state judges. His desperate attempts, however, seem to be getting him out of the hot waters, especially with Trump stepping in to safeguard both of their interests.
Last week, to keep Clark from divulging potential detrimental information to the bar investigators, Trump resorted to invoking executive privilege through a letter delivered by his attorney Todd Blanche to Clark’s counsel, Harry McDougald. As reported by Politico, this move recalls the unprecedented strategy from 2021 where Trump granted executive privilege to Clark and other top DOJ officials on the provision that the January 6 Committee cease issuing more subpoenas.
Despite the threats, the DC Circuit compelled Cipollone and the other DOJ officials to testify before the special counsel’s grand jury in the election interference case. Clark is now advised by Trump to maintain executive privilege and related privileges, which conveniently lets him evade taking the Fifth, thus eliminating any negative implications. This move may potentially embolden Clark, discouraging plea deals like his fellows Ken Chesebro, Sydney Powell, and Jenna Ellis.
Meanwhile, Clark’s ongoing efforts to transfer his case from Fulton County Superior Court to the Southern District of Georgia met with rejection from the district judge. His appeal to the Eleventh Circuit claiming the RICO case as a civil-criminal hybrid was also dismissed however, he continues to strive for an en banc review. His attempts to circumvent the usual legal procedure, nonetheless, hint at the increasing untenability of his situation.
For more information on the evolving legal situation involving Jeff Clark, be sure to check out the full coverage at Above the Law.