The DC Bar Association Ethics Committee is investigating whether to take disciplinary action against Jeffrey Clark, Trump’s most loyal DOJ employee, a lawyer who was willing to send a letter from DOJ to multiple states asserting lies in order to try to overturn the 2020 presidential election. Ruth Marcus writing in yesterday’s Washington Post describes Clark’s response to the disciplinary committee.
The document reads like something the Federalist Society would submit if it had created an artificial intelligence program to draft legal pleadings. The bar doesn’t have authority to discipline Clark because that “would intrude on the President’s exclusive and unreviewable authority over federal criminal and civil investigations occurring during his term of office.” The bar can’t act “because the President has an absolute right to seek legal and other forms of advice as to the discharge of his responsibilities under the Take Care Clause.”
Disciplining Clark “would intrude on the President’s exclusive and unreviewable authority to remove and appoint senior officials of the Department of Justice.” It would violate the separation of powers, the supremacy clause, the confrontation clause, the equal protection clause, the due process clause and the prohibition against bills of attainder.
Also, he argues, it would trample on executive privilege, law enforcement privilege, the major questions doctrine, the political question doctrine, Clark’s “official immunity” and his freedom of speech. The Senate’s acquittal of Trump at his second impeachment bars the charges. Even Hunter Biden’s laptop makes a surprise appearance.https://wapo.st/3dobVYg1