Dear John,
Polling data through the years makes clear that people in this country believe in fairness. They believe that government officials should be truthful and that, regardless of one’s position or wealth, no one should be above the law.
LDAD’s formation was based, in part, on that fundamental belief. Accordingly, seeking accountability for lawyers who, in their public roles, fail to follow the rules of professional responsibility has been an important component of the work we do.
Nearly four years ago, LDAD filed an extensive complaint before the DC Office of Disciplinary Counsel against Assistant Attorney General Jeffrey Clark – a complaint that was also signed by many prominent members of the DC Bar. The complaint alleged that Clark’s post-election efforts sought to pressure Justice Department leaders to issue a knowingly false statement that there was evidence of significant fraud in the 2020 presidential election.
In a comprehensive Report and Recommendation that demonstrates what accountability looks like, the DC Board of Professional Responsibility determined that Mr. Clark should be disbarred for his efforts to assist in undermining the integrity of that election. LDAD's analysis was substantially identical to the ruling by the Board.
In its recommendation, the Board stated:
“Lawyers cannot advocate for any outcome based on false statements and they certainly cannot urge others to do so. Respondent persistently and energetically sought to do just that on an important national issue. He should be disbarred as a consequence and to send a message to the rest of the Bar and to the public that this behavior will not be tolerated.”
The Board's decision now goes to the DC Court of Appeals for a final decision. Mr. Clark is automatically suspended from the practice of law while the Court of Appeals considers the matter unless he can obtain a reprieve from the Court.
As previously reported, LDAD, in collaboration with a group of other organizations and distinguished lawyers, law professors, and former judges, recently filed an ethics complaint before The Florida Bar against Attorney General Pamela Bondi. The complaint was immediately dismissed on the grounds that The Florida Bar will not open an ethics investigation against a constitutional officer. The effect of such a policy is to say that the Attorney General of the United States of America need not comply with requirements applicable to every other lawyer licensed in the state of Florida. Such a policy is, simply put, unfair.
In response, our coalition filed a petition for a writ of mandamus before the Florida Supreme Court, requesting that the Court order The Florida Bar to conduct an investigation. The Supreme Court has since directed The Florida Bar to file a response to our petition by August 14; our reply will be due by August 25, 2025.
This is what it looks like to seek accountability – slow, dogged, detail-oriented efforts that, over time, hopefully result in disciplinary authorities understanding what is at stake when public officials act as though the rules do not apply to them or to their office. We will continue this important work and remain grateful for your support as we do so.
Thank you,
Lawyers Defending American Democracy
P.S. We are living in extraordinary times that require constant advocacy to reverse the significant democratic backsliding that we are experiencing. LDAD’s work depends on individual contributions like yours. Please join us in our efforts by donating to LDAD, a 501(c)(3) organization.
