WASHINGTON, D.C.—A bipartisan coalition of 129 former federal and state judges along with Democracy Defenders Fund and Lawyers Defending American Democracy today called on Acting Attorney General Todd Blanche to withdraw a proposed Department of Justice rule that would give his office unprecedented power to override state ethics investigations for DOJ attorneys.

In a formal comment submitted to the DOJ, the coalition argues that the proposed rule would upend a longstanding principle: that every licensed attorney, including government lawyers, is subject to independent ethical oversight by the state that issued their license. Under the rule, the attorney general could pause state bar disciplinary proceedings and forbid DOJ employees from cooperating with state investigators. This would create a two-tiered system of justice in which DOJ attorneys are exempt from the same ethical rules that bind all other lawyers. Attorney General Pam Bondi’s office proposed this rule before her dismissal last week.

“The American public is entitled to know that all DOJ attorneys – regardless of rank or role – are bound by the same ethical rules that apply across the profession,” the comment states. “The proposed rule would shake, not strengthen, public confidence.”

The comment cites a 1999 law Congress enacted to prevent the DOJ from exempting its lawyers from state ethics rules. The coalition argues that the proposed rule flouts that law by making DOJ attorneys subject to a different disciplinary process than all other attorneys practicing in the same state.

Under the proposed rule, the Justice Department would have the right to review allegations in the first instance and to request that states suspend their own investigations until the DOJ completes its review. The coalition warns that this would place DOJ attorneys in an untenable bind: following the DOJ’s order to remain silent would violate their ethical duty to cooperate with state bar inquiries, while complying with that duty would violate the DOJ rule.

“The Attorney General cannot unilaterally decide to place herself as the gatekeeper of state bar complaints,” the comment states. “This rule is an invalid power grab.”

Read the comment HERE .

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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.