The U.S. Department of Justice (DOJ) has initiated legal action against the District of Columbia’s attorney disciplinary authorities, alleging that their proceedings against former DOJ official Jeffrey Clark constitute an overreach into executive branch functions. The lawsuit, filed on May 13, 2026, targets D.C. Disciplinary Counsel Hamilton P. Fox III, the D.C. Office of Disciplinary Counsel, and the D.C. Court of Appeals Board on Professional Responsibility.
Jeffrey Clark, who served as Assistant Attorney General during the Trump administration, faced disciplinary scrutiny for drafting a letter intended for Georgia officials, urging them to convene a special legislative session to investigate alleged election fraud in the 2020 presidential election. The letter was never dispatched. The D.C. Bar’s Board on Professional Responsibility recommended Clark’s disbarment, a decision pending final determination by the D.C. Court of Appeals. Clark’s law license remains suspended during this period.
The DOJ’s complaint asserts that the D.C. Bar’s actions infringe upon the executive branch’s autonomy, contending that such disciplinary measures could deter federal attorneys from providing candid legal advice. Acting Attorney General Todd Blanche stated, “As our complaint and history make clear, the DC Bar has long acted as a blatantly partisan arm of leftist causes. No more.” The DOJ seeks to nullify the disciplinary proceedings against Clark and prevent future investigations into his conduct as a government attorney.
This lawsuit is part of a broader pattern of the DOJ challenging state bar associations’ oversight of federal attorneys. In March 2026, the department proposed regulations granting the Attorney General authority to suspend state bar investigations into DOJ attorneys, a move criticized by legal experts as an attempt to shield department lawyers from accountability. The Brennan Center for Justice highlighted concerns that such measures could dismantle checks on the DOJ’s power.
Additionally, the DOJ has supported former interim U.S. Attorney Ed Martin, who faces disciplinary proceedings by the D.C. Bar for alleged misconduct related to communications with Georgetown University Law Center regarding its diversity, equity, and inclusion practices. The department filed a statement of interest in Martin’s case, emphasizing its stance against what it perceives as partisan actions by the D.C. Bar.
The D.C. Bar’s Office of Disciplinary Counsel, established to investigate and prosecute ethical misconduct among attorneys licensed in the District of Columbia, has not publicly responded to the DOJ’s lawsuit. The outcome of this legal challenge could have significant implications for the balance of power between state bar associations and federal oversight of attorney conduct.