DOJ Sues D.C. Bar Over Jeffrey Clark Discipline

The Justice Department filed a federal lawsuit on Wednesday in U.S. District Court for the District of Columbia against disciplinary authorities of the District of Columbia Bar, challenging proceedings against former Assistant Attorney General Jeffrey Clark over his role in internal discussions related to the 2020 presidential election.

The suit names D.C. Disciplinary Counsel Hamilton P. Fox III, the D.C. Office of Disciplinary Counsel, and the D.C. Court of Appeals Board on Professional Responsibility as defendants. It seeks declaratory and injunctive relief to invalidate the disciplinary findings against Clark and prevent future investigations tied to his federal government service. The department argues that the bar's actions improperly target internal executive branch deliberations, violate the Supremacy Clause and Article II of the Constitution, discriminate against federal attorneys, and discourage candid legal advice within the government.

At issue is a draft letter Clark prepared in late 2020, which raised allegations of election irregularities in Georgia and urged state officials to investigate. The Justice Department states the letter was never finalized or sent,...