DOJ Sues D.C. Bar For Trying to Hold Trump Lawyers To Ethical Rules

Back in March I reported that the Department of Justice proposed a new federal regulation to grant then Attorney General Pam Bondi the right to unilaterally interfere with state bar ethics investigations into current and former government lawyers.  See here.  Whether the proposal will have be adopted or whether it will have any real effect remains to be seen but that has not stopped the fearless leaders at the DOJ who apparently have decided to step it up a notch. 

A few days ago it was reported that the DOJ has actually filed a complaint against the D.C. Office of Disciplinary Counsel, the D.C. Board on Professional Responsibility, and the D.C. Court of Appeals — essentially any entity that might be in a position to take a lawyer’s license away — on the theory that the bar disciplinary process violates the Supremacy Clause and Article II when applied to former DOJ attorneys (even thought there is applicable law that explicitly recognizes that local bar authorities have jurisdiction over government lawyers committing misconduct in their jurisdictions.)

For coverage of this latest development check out Above the Law, The Hill and The ABA Journal.

DC Circuit signals Trump’s law firm sanctions likely unlawful

 Last Thursday, a three-judge panel of the D.C. Circuit heard argument in Perkins Coie v. DOJ, the case in which a few law firms that were targeted by Trump because the firms hired people or represented clients the president does not like.  The firms challenged the executive orders which Trump signed to strip lawyers of security clearances, eliminate their access to government contracts and employment, and which sought to prevent the firms’ lawyers from having access federal buildings. All of the law firms who chose to challenge the orders have won their challenges so far.  In fact, the lower courts didn’t simply enjoin the orders but also restored yanked clearances. 

Observers of the oral argument have suggested that the panel agreed with the law firms in that the executive orders are unconstitutional. See, coverage in Courthouse News Service.  Even the right wing Washington Legal Foundation agrees that they are.  See here.  See also coverage in The Hill.