(Bloomberg) — Legal ethics prosecutions against Rudy Giuliani and Jeffrey Clark are progressing along with state, federal, and congressional probes exploring the role that they and others played in aiding Donald Trump’s effort to undo the 2020 election.
(Bloomberg) — Legal ethics prosecutions against Rudy Giuliani and Jeffrey Clark are progressing along with state, federal, and congressional probes exploring the role that they and others played in aiding Donald Trump’s effort to undo the 2020 election.
The DC Bar’s Office of Disciplinary Counsel filed separate cases over the summer alleging that Giuliani and Clark — both members of the local bar — violated rules that govern the conduct of licensed attorneys.
Clark, a former Justice Department official under Trump, responded earlier this month to the charges, which accuse him of dishonesty and making false statements. Clark’s lawyers argue that he did nothing wrong or unlawful. They say the DC Bar’s regulators lack jurisdiction to prosecute him over advice he gave to a sitting president, that the case improperly delved into executive branch discussions, and that Clark was being targeted for his political affiliation as a Republican.
“At no time has President Trump complained about the legal, factual, and/or policy advice he received from Respondent or voluntarily submitted a dispute of that nature to the D.C. Bar for investigation and adjudication,” Clark’s attorney wrote.
Clark’s partially-redacted response, which was posted online Sept. 12, was earlier reported by the National Law Journal and Reuters.
The case against Clark focuses on a draft “proof of concept” letter that he wanted DOJ to send to Georgia state lawmakers claiming “significant concerns” about election fraud and suggesting the creation of an alternate slate of electors. Trump at one point considered installing Clark as acting attorney general when other senior officials refused to send the letter, according to testimony before the Jan. 6 congressional committee.
Giuliani is separately charged with pressing a “frivolous” failed court challenge to President Joe Biden’s win in Pennsylvania. Earlier this month, a DC Bar panel scheduled a hearing in the case for Dec. 5. Giuliani’s response to the charges, filed in July, argued there was “good faith basis” to try to invalidate mail-in ballots in the battleground state at the time.
DC Bar disciplinary cases proceed in several stages with a “hearing committee” considering testimony and evidence before issuing recommendations. The Board on Professional Responsibility then decides whether to accept those recommendations, at which point the case moves to the DC Court of Appeals, which is the city’s equivalent to a state supreme court. The judges of that court have the final word on whether to sanction a lawyer. Punishments can range from a written admonition to disbarment.
The Justice Department and local prosecutors in Georgia are investigating Trump allies’ efforts to create fake electors in swing states in the 2020 election. Clark is separately facing an investigation by Justice’s inspector general’s office. Giuliani last year was suspended from practicing law in New York.
More stories like this are available on bloomberg.com
©2022 Bloomberg L.P.
