A Washington, D.C. discipline panel has determined that Jeffrey Clark, a former Justice Department official, violated ethical rules by lending support to former President Donald Trump’s attempt to undermine the 2020 election. As a result, there is a possibility that Clark may face disbarment.
During the Trump administration, Clark served as the acting assistant head of the Justice Department’s civil division. He was a staunch supporter of his former boss and his unfounded claims regarding the alleged theft of the 2020 general election.
During his attempts to undermine the election, Trump contemplated replacing then-Attorney General Jeffrey Rosen with Clark, who would advance his agenda. However, he ultimately chose not to appoint Clark as the head of the department after being warned that it would lead to widespread resignations.
The D.C. Bar’s Office of Disciplinary Counsel brought charges against Clark in July 2022, accusing the former federal lawyer of engaging in dishonest conduct and attempting to interfere with the administration of justice. The three-member lawyer disciplinary committee in Washington, D.C. has been reviewing these charges.
On Thursday, the three-member panel issued a preliminary ruling stating that Clark violated at least one attorney ethic rule, although it did not provide further details. During the trial, Clark chose not to testify.
Clark could potentially face disciplinary actions, which may even include disbarment.
According to the nonprofit States United Democracy Center, the board’s preliminary finding today represents an important milestone in holding Clark responsible for his actions that undermined democracy and the rule of law. The organization, dedicated to safeguarding elections and democracy, stated, “Clark’s efforts to assist Trump in overturning a free and fair election have had serious consequences.”
Clark is facing accusations in the charging document of attempting to interfere with the vote count in Georgia’s election, which resulted in Trump’s loss by a margin of 11,779 votes.
In late December 2020, Clark drafted a letter to Georgia officials expressing the Justice Department’s “significant concerns” regarding the state’s election. Surprisingly, this occurred even though the federal department was already aware of no issues with the contest.
The letter advised Georgia’s governor to convene a special session of the state’s legislature to deliberate on replacing electors who voted for Biden with those who supported Trump.
Rosen and Richard Donoghue, the deputy attorney general, both declined to sign the letter due to its inclusion of false claims. Upon learning of Trump’s intention to appoint Clark as attorney general, Donoghue warned the outgoing president that such a move would result in the resignation of all assistant attorneys general. Additionally, the White House counsel threatened to step down as well.
Trump ultimately chose not to send the letter to Georgia and decided against appointing Clark as attorney general.
In addition to Trump and 17 other defendants, Clark is currently facing a separate criminal trial in Fulton County, Ga. He is also involved in a federal election case filed against the former president.
In a recent development, a panel has made a ruling concerning former Trump lawyer Rudy Giuliani’s actions in attempting to overturn the election for the former president. This decision follows a previous recommendation in July where another panel suggested that Giuliani be disbarred.
