Monday, May 18, 2026

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.

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