Former Attorneys General Defend Jeff Clark Against D.C. Bar Disciplinary Action

Former attorneys general Bill Barr, Jeff Sessions and Michael Mukasey have entered an amicus brief in support of Jeff Clark, a former senior DOJ official facing disciplinary proceedings by the D.C. Bar. Their filing contends that the bar’s pursuit amounts to a "disciplinary jihad" that could suppress internal deliberations and advice among Justice Department attorneys. They argue that such local disciplinary action violates the Separation of Powers doctrine and the McDade Amendment, which shields federal lawyers from state-level regulation.

The brief also notes that even a clearance for Clark would not erase the reputational harm and operational disruption inflicted on the DOJ. The case stems from a DOJ suit filed earlier this year against D.C. Disciplinary Counsel Hamilton Fox III over what the department calls an unlawful prosecution. Senior Judge Richard Leon presides over United States v. Fox, while Supreme Court Chief Justice John Roberts recently paused an injunction related to the case.