The Department of Justice (DOJ) filed a federal lawsuit on May 13 against the District of Columbia Bar’s disciplinary authorities, alleging the system has been improperly used to investigate and penalize federal government lawyers for actions taken in their official capacities. The lawsuit centers on an ongoing disciplinary case involving former Assistant Attorney General Jeffrey Clark, who faced scrutiny over his role in discussions surrounding the 2020 presidential election and a draft letter concerning allegations of election fraud in Georgia. The DOJ argues that the letter was never finalized or sent and that the disciplinary proceedings improperly target internal executive branch deliberations.
The complaint names the 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. The DOJ alleges a "pattern of discriminatory enforcement" against current and former federal attorneys, particularly those serving in Republican administrations, while violating constitutional protections tied to executive branch independence. Acting Attorney General Todd Blanche stated that the D.C. Bar has acted as a "blatantly partisan arm of leftist causes." Associate Attorney General Stanley Woodward said the lawsuit aims to stop the "weaponization of the legal process" against government lawyers.
The filing aligns with President Donald Trump’s Executive Order titled 'Ending the Weaponization of the Federal Government' and a related presidential memorandum aimed at limiting politically motivated uses of legal and regulatory processes. The DOJ argues that the D.C. Bar’s actions violate constitutional protections and executive branch independence. The lawsuit seeks to prevent the D.C. Bar from probing sensitive executive branch deliberations and targeting officials with whom they politically disagree.