In a letter to the DOJ’s Departmental Ethics Office, DDF calls on Blanche to recuse himself from developing a new rule that would allow him to intervene in his own disciplinary proceedings.

WASHINGTON, D.C.—Today, Democracy Defenders Fund called for Acting Attorney General Todd Blanche's recusal from the development of a proposed DOJ rule that would give the attorney general expanded power to review state bar ethics complaints against current or former DOJ lawyers, including those made against Blanche himself.

The proposed rule would give the attorney general an early role, basically a “right of first review,” over any state bar ethics complaints against current or former Department of Justice lawyers ahead of the ordinary disciplinary process. After the DOJ published the new rule, Democracy Defenders Fund, Lawyers Defending American Democracy, and 129 retired federal and state judges submitted a public comment opposing it. Blanche is already facing at least one formal professional conduct complaint, according to the letter. This creates a conflict of interest for Blanche, given that he would be shaping a rule that determines how complaints against him personally are handled, with his law license, legal bills, possible fines and future income potentially at stake.

“Acting Attorney General Blanche cannot be allowed to design a system for handling complaints that may affect him personally,” said Virginia Canter, chief counsel and director for ethics and anti-corruption at Democracy Defenders Fund. “No public official should be allowed to use the power of their office to shield themselves from professional accountability. The DOJ’s Departmental Ethics Office must require his recusal.”

The letter explains that Blanche’s participation would violate federal law because he would be helping shape a rule that could directly affect him. The letter also explains that the law allows waivers only for minor conflicts, and Blanche’s personal stake in the proposed rule is too significant to qualify.

Blanche’s continued participation also raises serious abuse-of-office concerns under federal ethics rules, which bar officials from using public office for private gain, require them to act impartially, and prohibit conduct that creates the appearance of an ethical violation.

DDF copied the letter to the Department of Justice Office of Inspector General and the U.S. Office of Government Ethics.

The full letter is available 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.