More Than 70 Legal Ethics Experts Warn DOJ Is Trying to Put Its Lawyers Above the Law
July 21, 2026
An amicus brief filed by Democracy Defenders Fund and Lawyers Defending American Democracy warns that the administration’s position would undermine independent ethics enforcement and weaken accountability for government attorneys.
WASHINGTON, D.C.—More than 70 legal ethics scholars and experts filed an amicus brief urging the U.S. District Court for the District of Columbia to reject the DOJ’s attempt to stop disciplinary proceedings against former Department official Jeffrey Clark. The amicus brief warns that the DOJ is trying to shield its lawyers from the same independent ethics enforcement that applies to every other attorney.
After the 2020 election, Clark tried to have the DOJ send Georgia officials a letter falsely claiming that the Department had found serious problems with the state’s election results. Clark was advised several times by high-level DOJ officials that the conclusions in the letter were false. Despite those warnings, Clark continued to push for the letter to be sent. The D.C. Board on Professional Responsibility has recommended that he lose his law license, and Clark is appealing that recommendation.
At issue in the federal lawsuit is whether the DOJ can stop the D.C. disciplinary system from deciding whether Clark violated legal ethics rules. According to the amicus brief, that authority belongs to the courts that issue law licenses and discipline lawyers who break the rules.
“DOJ lawyers wield enormous power, but their law licenses do not come from the Department,” said Amb. Norm Eisen (ret.), co-founder and executive chair of Democracy Defenders Fund. “States regulate attorney licenses and enforce the rules that come with them. The DOJ cannot block independent review when one of its lawyers is accused of using government power to help overturn an election.”
“The Justice Department is asking the courts to treat its lawyers differently from everyone else who holds a law license,” said Chris Swartz, senior ethics counsel at Democracy Defenders Fund. “That’s not how the legal system works. Every attorney is accountable to independent disciplinary authorities, and government lawyers should be no exception.”
Congress already rejected the idea at the center of the DOJ’s lawsuit. In 1998, after the Department tried to exempt its lawyers from state ethics rules, Congress passed the McDade Amendment, requiring government attorneys to follow the same rules as every other lawyer.
Beyond Clark’s case, the amici warn that the lawsuit is part of a broader DOJ effort to limit outside investigations of Department lawyers. A victory for the DOJ could make it harder for courts and disciplinary bodies to investigate misconduct by government attorneys.
Dismissal of the DOJ’s lawsuit would allow Clark’s disciplinary appeal to continue before the D.C. Court of Appeals, which has final authority over his license to practice law in the District.
The brief is available here.
Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
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