The Justice Department on Wednesday filed a lawsuit seeking to nullify D.C. disbarment proceedings against Jeffrey Clark, seen here in October 2020 as acting assistant U.S. attorney general. File Photo by Yuri Gripas/EPA-EFE
May 13 (UPI) — The Justice Department filed a lawsuit Wednesday evening against D.C. disciplinary officials who recommended Jeffrey Clark be disbarred over his efforts to overturn 2020 election results, the latest move by the Trump administration to defend allies accused of helping President Donald Trump remain in power after that election loss.
The lawsuit in a federal court in D.C. alleges the disciplinary officials used their powers to punish lawyers over what federal prosecutors describe as “internal Executive Branch deliberations” in order to regulate federal government actions.
“Weaponizing state bar discipline against Executive Branch attorneys in this way chills them from giving candid legal advice to others in the Executive Branch, including the president and attorney general,” the lawsuit states.
“To permit these proceedings is to allow state bar authorities to control the Executive Branch. That is not the law.”
Clark was an assistant attorney general at the Justice Department following Trump’s 2020 election loss to Joe Biden, and urged Justice Department officials to issue a letter he wrote casting doubt on election results, according to congressional investigators and D.C. disciplinary officials.
The letter specifically targeted the results in Georgia, a swing state Trump lost to Biden by 11,779 votes, alleging a Justice Department investigation had uncovered election “irregularities” despite Attorney General William Barr having already announced there was no evidence of outcome-determinative fraud in the election prior to his resignation.
Clark had prepared the letter to be signed by Barr’s replacement, then-acting Attorney General Jeffrey Rosen, and Principal Associate Deputy Attorney General Richard Donoghue, the second highest-ranking Justice Department lawyer, both of whom refused because they knew its contents were untrue.
Clark continued to push for the Justice Department to issue the letter, which he intended to be used as a template to be sent to other states. Amid the political turmoil, Trump considered appointing Clark as attorney general — a move Clark encouraged so he could launch nationwide investigations to uncover unfounded claims of election issues.
Trump abandoned the idea of appointing Clark only after being informed doing so would cause mass resignations among Justice Department leadership.
The D.C. Office of Disciplinary Counsel opened its investigation into Clark’s actions after Sen. Dick Durbin, as then-chairman of the committee, asked it to probe his “serious violations of professional conduct.”
The D.C. Court of Appeals Board on Professional Responsibility in July recommended that Clark be disbarred in D.C., stating that “when a lawyer attempts to make intentional false statements on an issue that the lawyer understands to be a ‘pressing matter of overriding national importance,’ or knowing that the false statement would have serious and far-ranging consequences, they deserve the ultimate sanction.”
A final judgment has not yet been issued in the case.
The Justice Department on Wednesday asked the court to quash the D.C. disciplinary proceedings against Clark, and alleged they violate the Supremacy Clause and Article II of the Constitution by arguing that Clark was acting as a federal government employee who cannot be punished for performing Executive Branch duties.
Federal prosecutors also frame the issue as involving internal discussions. They said Clark attempted to persuade his superiors to issue a draft letter “that he felt reflected the actual law and facts about the 2020 election.”
“D.C. disciplinary authorities may not punish a United States official for disagreeing with a superior or coworker or for sharing an opinion just because those disciplinary authorities disagree with it,” the filing states.
Acting Attorney General Todd Blanche also accused the D.C. Bar of being “a blatantly partisan arm of leftist causes,” accusing it of being weaponized.
“The D.C. Bar will no longer be permitted to probe sensitive Executive Branch deliberations and target Executive Branch officials with whom they happen to politically disagree, and federal attorneys will once again be free to share their candid legal advice with their bosses and colleagues,” he said in a statement.
Clark was never charged in federal court in connection with his role in the alleged scheme, but he, Trump and 17 others were indicted in Georgia on racketeering charges. The case was dismissed after the prosecutor appointed following Fulton County District Attorney Fani Willis’ removal declined to pursue the charges.
Other Trump allies accused of aiding his efforts to overturn the 2020 election have also been sanctioned in D.C., including Rudy Giuliani, who was disbarred in D.C. and New York, and John Eastman, whose D.C. law license was suspended on an interim basis after he was disbarred in California.
Wednesday’s lawsuit is the latest action by the federal government aiding those who supported Trump’s false election claims.
On Trump’s first day in office, he issued clemency to the roughly 1,500 people charged or convicted in the Jan. 6, 2021, insurrection.
He also issued pardons to Giuliani, Eastman, Clark, Sidney Powell and many others accused of aiding his efforts.
