Jeffrey Clark, a former Assistant Attorney General known for his efforts in arguing against the 2020 presidential election results, has won an appeal that blocks the forced disclosure of documents supporting his claims of election “irregularities”. However, the potential sanction case against him by the D.C. Bar is ongoing.
A three-judge panel from the D.C. Court of Appeals denied the request for the documents put forth by the D.C. Office of Disciplinary Counsel. They claimed this violated Clark’s Fifth Amendment rights, as it could potentially incriminate him in two separate criminal cases brought against Donald Trump, in both Georgia and the District of Columbia.
D.C. Bar’s Disciplinary Counsel, Hamilton “Phil” Fox III, declined to comment on the ruling while Clark’s attorney, Charles Burnham of the D.C. firm Burnham and Gorokhov, couldn’t immediately be reached for a response.
Clark faces potential disciplinary action over a draft document he wrote in December 2020 while serving at the Justice Department. The draft claimed that there were “significant concerns that may have impacted the outcome of the election in multiple States.” and recommended that Georgia officials hold a “special session” to determine who “won the most legal votes”.
An underlying sanctions case against Clark continues with a planned hearing on March 26 by a D.C. Bar disciplinary committee. Potential penalties could vary from a written warning to disbarment. The final decision on the sanctions is expected to pass at least two more appellate bodies before it’s finalised.
The Office of Disciplinary Counsel alleges that Clark tried to send his letter to election officials, an act deemed dishonest, and his conduct interfered with the administration of justice.
More details on this case can be found at Bloomberg Law.