A coalition of 20 state attorneys general has moved to dismiss a federal lawsuit initiated by the Trump administration aimed at halting disciplinary actions against Jeffrey Clark, who faces potential disbarment due to his attempts to overturn the 2020 presidential election results. The states, in their legal brief, stressed that regulating attorneys falls within state authority as stipulated by the Tenth Amendment, emphasizing that professional-conduct rules apply to all lawyers, without exception. This stance draws support from the McDade-Murtha Amendment, which mandates that federal attorneys adhere to the ethics rules of their respective jurisdictions.
The coalition further invoked the Younger abstention doctrine, which generally discourages federal courts from interfering with ongoing state proceedings. The group expressed concern that siding with the Trump administration might create immunity for federal attorneys from disciplinary action, regardless of any misconduct. California Attorney General Rob Bonta highlighted the necessity for Justice Department lawyers to meet the same ethical standards as other legal professionals and warned against any “special treatment” that might exempt them from accountability. Details of the coalition’s argument can be found in the report.
The Department of Justice’s lawsuit, filed in May against the District of Columbia and its Court of Appeals, challenges the disciplinary process on the grounds that it contravenes the Supremacy Clause and Article II of the Constitution. According to the DOJ, these proceedings improperly encroach upon internal executive-branch discussions, which could discourage government lawyers from offering candid legal advice. In an ongoing narrative, Acting Attorney General Todd Blanche has accused the DC Bar of harboring partisan agendas, as reported by Politico.
The controversy centers around Clark’s role in drafting a letter in late 2020, urging Georgia officials to examine alleged election irregularities and consider appointing alternate electors. However, the letter remained unsent due to then-Attorney General William Barr’s public declaration that no significant fraud was found to alter the election outcome. Following a complaint by the Senate Judiciary Committee in 2021, the Office of Disciplinary Counsel initiated proceedings against Clark in 2022. After thorough evaluations, a hearing committee in 2024 found Clark’s actions dishonest, violating the DC Rules of Professional Conduct. The Board on Professional Responsibility later recommended disbarment, though this decision is still pending before the DC Court of Appeals.
Interestingly, the attorneys general opposing the suit include representatives from states won by Donald Trump in the 2024 election, such as Arizona, Michigan, and North Carolina. This cross-party involvement underscores the broader legal implications and challenges presented by federal versus state control over attorney regulation.