WASHINGTON, D.C. – Yesterday, America First Legal (AFL) filed an amicus brief in support of former DOJ official, Jeffrey Clark, in disciplinary proceedings before the District of Columbia Court of Appeals’ Board on Professional Responsibility that have been brought against him by the DC Bar’s Office of Disciplinary Counsel.
In yet another example of a nationwide phenomena of organizations and individuals weaponizing institutions to take out perceived political opponents, the Office of Disciplinary Counsel seeks to punish Mr. Clark for providing advice and counsel to the President of the United States and for authority a draft memo about the 2020 presidential election. The memo was never adopted nor was it acted upon. Yet the Office of Disciplinary Counsel–often through the use of inappropriate, hyperbolic language in its briefings–seeks to disbar Mr. Clark by arguing that his draft opinion, communications, and provision of advice to the President somehow violated the D.C. Rules of Professional Conduct.
AFL’s brief argues, in light of the Supreme Court’s decision in Trump v. United States, that Mr. Clark is entitled to immunity for his actions as a senior official providing advice and counsel under the President’s direction and supervision. The President, in carrying out his duties, “may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices.” U.S. Const. art. II § 2, cl. 2. That authority must necessarily include the ability to receive advice and counsel from other senior officials, too.
Read the Amicus Brief here.
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