Justice Dept. sues D.C. bar over Jeffrey Clark case

Summary

Justice Department sued D.C. bar authorities over a recommendation to disbar Jeffrey Clark over his 2020 election-related actions.

Why this matters

The case tests how far state and local bar authorities can scrutinize legal advice given by federal executive branch officials. It also adds to ongoing legal and political conflicts over efforts to overturn the 2020 election.

The Justice Department sued Washington’s attorney disciplinary authorities over their recommendation to disbar Jeffrey Clark, a Trump ally, for his actions after the 2020 election.

The lawsuit, filed Wednesday against the D.C. Office of Disciplinary Counsel, Board on Professional Responsibility, Court of Appeals, related authorities, and the city, argued that Clark should not face discipline over “internal Executive Branch deliberations.” Clark was an assistant attorney general in 2020.

In a July 2025 recommendation, the D.C. Board on Professional Responsibility said Clark “urged Justice Department leadership to issue a letter he had drafted that cast doubt on the election results” after being told his theory was incorrect.

The draft letter, which was never sent, urged Georgia’s legislature to investigate election “irregularities” and, if necessary, appoint electors contrary to the popular vote. The board said the letter was intended as a “proof of concept” for use in several states.

A majority of the board recommended disbarment, but the D.C. Court of Appeals has final authority. Bar records showed Clark remained an attorney in good standing in Washington.

The Justice Department said in the lawsuit: “Defendants are punishing Mr. Clark because he tried to persuade his superiors within the Department of Justice that they should issue a draft letter that he felt reflected the actual law and facts about the 2020 election.” It added, “But D. C. disciplinary authorities may not punish a United States official for disagreeing with a superior or coworker or for sharing an opinion just because those disciplinary authorities disagree with it.”

The lawsuit said disciplining Clark would chill legal advice within the executive branch. Clark wrote on X that the lawsuit “is an important step to vindicate the separation of powers.”

In its recommendation, the board said lawyers must meet “the highest standard of professional conduct. At a minimum, they must be honest.” It said Clark “should be disbarred as a consequence.”

The lawsuit came as the department renewed its focus on the 2020 election, especially in Georgia. It subpoenaed Fulton County for election workers’ personal information, and the FBI opened a criminal investigation into what the department described as irregularities in Fulton County’s handling of the election. Agents searched the county elections office in January and seized election materials.

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