Overview
- DOJ, which filed the complaint Wednesday in Washington federal court, named D.C. Disciplinary Counsel Hamilton P. Fox III, the Office of Disciplinary Counsel, and the Board on Professional Responsibility as defendants.
- The suit asks the court to void the D.C. panel’s recommended disbarment of Jeffrey Clark, which stems from a 2020 draft letter to Georgia officials that was never sent.
- Government lawyers argue D.C. authorities cannot penalize internal executive deliberations, citing the Constitution’s Supremacy Clause and Article II, and warn that such cases chill candid legal advice.
- The filing also references DOJ’s broader push to curb outside ethics probes, including a March proposal to make state bars pause cases and a recent statement supporting pardon attorney Ed Martin in a separate D.C. matter.
- The litigation is at an early stage and could limit how local bars police federal attorneys, as the D.C. Court of Appeals has not issued a final decision on Clark’s license.