The D. C. Bar has come under scrutiny for how it initiated a disciplinary investigation against Jeffrey Clark, a former Department of Justice official during the Trump administration. Documents obtained reveal that the Bar may have deviated from its own rules to target Clark.
• Ed Martin, a former U. S. Attorney for D. C., sought clarity on the Bar's practices, questioning its fairness against Republican lawyers since his office received indications that the investigation into Clark was influenced by a Democratic senator.
• Clark was charged in July 2022 with dishonesty and conduct that interfered with justice. He was also implicated in a broader indictment regarding the 2020 election in Georgia and faced an FBI raid.
• The investigation was prompted by a report from the Democrat-controlled Senate Judiciary Committee that accused Clark of attempting to manipulate the DOJ's authority to alter election outcomes.
• Clark had drafted a letter addressing concerns about the 2020 election results but did not send it following pushback from his superiors and Trump.
• Senate Judiciary Chair Dick Durbin urged the D. C. Bar to investigate Clark, suggesting his actions might constitute professional misconduct.
• Previously, the D. C. Bar’s Office of Disciplinary Counsel (ODC) claimed they required firsthand knowledge to initiate investigations. However, they confirmed that complaints without firsthand knowledge could still be docketed.
• Martin raised concerns that the ODC's rules were inconsistently applied, noting examples where complaints were accepted without firsthand knowledge.
• Clark's legal team argued that the investigation violated the Bar's policy and should be dismissed, requesting documents related to Martin's inquiry into Clark's case.
• In December 2023, Clark faced difficulty obtaining evidence needed for his defense from various government entities. By February 2024, the D. C. Court of Appeals ruled that he did not have to comply with an ODC subpoena violating multiple rights.
• Despite these challenges, Clark has managed to secure a role in the second Trump administration, focusing on compliance with Trump's directives.
The ongoing investigation into Jeffrey Clark by the D. C. Bar raises serious questions about the Bar's adherence to its own rules and the influence of political motives in its disciplinary actions.
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