DOJ moves to block state ethics investigations against its attorneys
The Washington Examiner reports that the Justice Department has proposed a rule to shield its federal attorneys from state bar ethics investigations by giving the DOJ the initial review of any ethics allegations against current and former DOJ employees and asking states to pause their own investigations during that review. The policy would empower the DOJ to determine whether to proceed before state disciplinary authorities and include a veiled threat that the department coudl take action to enforce the rule if bar authorities refuse to comply. Attorney General Pam Bondi signed the proposal on February 26, and it will be published in the Federal Register with a 30-day public comment period before finalization. critics say the rule could chill vigorous advocacy by government lawyers and undermine the Attorney General’s supervisory authority. The article also references ongoing ethics complaints against Bondi and Deputy Attorney General Todd Blanche, noting some complaints were declined or not yet opened, highlighting tensions over DOJ ethics scrutiny. Context is provided by broader concerns within the DOJ, including recent resignations of federal prosecutors related to civil rights investigations in Minnesota.
DOJ moves to block state ethics investigations against its attorneys
The Justice Department proposed a new rule that blocks state bar associations from investigating federal attorneys as the DOJ appointees face scrutiny over alleged ethics violations while enforcing the Trump administration‘s agenda.
The policy proposal, signed by Attorney General Pam Bondi on Feb. 26, essentially grants the department the right to review ethics allegations against its former and current attorneys first before state bar disciplinary authorities conduct their own investigations. During the proposed process, per the policy, the DOJ would ask states to “suspend any parallel investigations” until its review is completed.
Notably, the document contains a veiled threat against state bars if they don’t comply with such a request.
“Should the relevant bar disciplinary authorities refuse the Attorney General’s request, the Department shall take appropriate action to enforce this regulation or to prevent the bar disciplinary authorities from interfering with the Attorney General’s review of the allegations,” the notice of proposed rulemaking states.
The Washington Examiner contacted the DOJ for comment on what appropriate actions the department could hypothetically take against state bar associations.
The proposal will be published in the Federal Register on Thursday. The regulation will only be finalized after the 30-day public comment period.
“This unprecedented weaponization of the State bar complaint process risks chilling the zealous advocacy by Department attorneys on behalf of the United States, its agencies, and its officers,” the notice reads. “That chilling effect, in turn, would interfere with the broad statutory authority of the Attorney General to manage and supervise Department attorneys.”
Many senior DOJ officials, including Bondi and Deputy Attorney General Todd Blanche, have been hit with ethics-related state bar complaints filed by legal professionals and watchdog groups.
In one notable case against Bondi, more than 70 legal figures filed an ethics complaint that the Florida Bar ultimately declined to accept. The Florida Supreme Court later refused to issue a ruling forcing the bar to open the investigation.
The Legal Accountability Center filed a separate complaint, asking the New York Attorney Grievance Committee to investigate Blanche over multiple ethics allegations. It remains unclear whether the state body opened an investigation into Bondi’s top deputy.
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Over the past year, legal experts have raised concerns about the department’s treatment of its attorneys in cases where career lawyers may disagree with their leadership.
The Justice Department has recently seen mass resignations of federal prosecutors, especially over the department’s handling of federal civil rights investigations into the officer-involved shootings of Renee Good and Alex Pretti in Minnesota two months ago.
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