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Professor Alberto Bernabe - The University of Illinois-Chicago School of Law
About a week and a half ago, it was reported that a coalition of legal groups, judges and attorneys on Wednesday refiled a formal ethics complaint against former Attorney General Pam Bondi, accusing her of “serious professional misconduct” in her leadership of the Justice Department and handling of the Jeffrey Epstein files. Courthouse News Service has the story here. Above the Law has more here.
The story says "refiled" because a complaint was filed last year (around June), while she was still in office. (See here). That complaint was rejected by the state of Florida on the basis that the state would not prosecute her while she held her office as Attorney General. Well, now that she is no longer serving in that capacity, it is time for Florida to decide whether to take on the complaint. I doubt they will, but I hope I am wrong.
Federal judges keep telling the Justice Department that President Trump's hand-picked U.S. attorneys are serving illegally. NPR has the story here.
U.S. Pardon Attorney Ed Martin is facing disciplinary action after he sent a letter to Georgetown University threatening legal action. Above the Law has the story here. The Hill has more here.
In what highly respected legal ethics scholar Stephen Gillers has called “a DOJ powergrab,” last week the Department of Justice proposed a new federal regulation to grant Attorney General Pam Bondi the right to unilaterally interfere with state bar ethics investigations into current and former government lawyers. The rule is contrary to established law and should not survive scrutiny, but, as Joe Patrice has eloquently stated, “like a lot of this Justice Department’s shenanigans, the rule wasn’t really intended to hold up under scrutiny, it just needed to assert a big, splashy threat that might silence anyone who doesn’t want to have a protracted fight with the Department of Justice.” Go here for Patrice’s thoughtful analysis.
Aside from the fact that the Justice Department has zero credibility when it says it would conduct a serious investigation regarding the conduct of any of its own lawyers, the proposed rule goes against the so-called “McDade Amendment” (28 U.S.C. § 530B), which states that government attorneys “shall be subject to State laws and rules… governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and in the same manner as other attorneys in that State.” Congress passed this provision specifically because DOJ tried to exempt its lawyers from state ethics rules years ago.
For more on this story, check out the ABA Journal and The Hill. For a video comment, check out the YouTube channel "Legal Eagle" here.
Back in November of 2025, a federal District Judge found that Lindsey Halligan's appointment as interim US Attorney was unlawful, and that, therefore, she had no authority to hold the office she claimed to hold at the time. As you probably remember, this is the insurance lawyer with no prosecutorial experience that the Trump administration appointed, among other things, to bring charges against James Comey.
Although the government appealed the judge's opinion and order, no court has issued a stay which means the order remains in place.
For that reason, earlier this week, another federal judge was surprised to see that Ms. Halligan has continued to appear before his court still claiming to be a US Attorney, and promptly ordered her to explain herself and to explain why her conduct does not constitute a false or misleading statement in violation of professional conduct rules.
The Hill and Above the Law have the full story (and the judge's order).
Meanwhile, in New York, another federal judge has disqualified the top federal prosecutor in upstate New York and blocked subpoenas his office issued to state Attorney General Letitia James finding that the lawyer's service as acting U.S. attorney for the Northern District of New York “was and is unlawful” because the Justice Department maneuvered to keep him in the role after judges declined to extend his tenure, in violation of statutory procedure.
Again, The Hill and Above the Law have the story.
“Nearly two-thirds of the U.S. Justice Department’s unit responsible for defending key Trump administration policies in court, have left their positions since President Donald Trump’s November election or announced plans to leave, according to a new list. Read the full story here.
h/t Renee Knake Jefferson's Legal Ethics Roundup.
DOJ's Ex-Ethics Lawyer Speaks Out After Being Fired by Pam Bondi. Read the story here.
h/t Renee Knake Jefferson's Legal Ethics Roundup.
Given her track record, it should not surprise anyone that Attorney General Pam Bondi just fired one of the top career officials tasked with advising her and other senior Justice Department officials of their ethical obligations. Go here for more on the story.