DC Court Supports Jeff Clark’s Attempt to Block Bar Subgroup Subpoena
TL/DR –
Officials from the D.C. Bar’s Office of Disciplinary Counsel subpoenaed Jeffrey Clark, a former Trump DOJ official, last year for documents justifying his efforts to use the Justice Department to overturn the 2020 election results. Clark’s attorneys argued that compliance would violate his Fifth Amendment right against self-incrimination, a stance upheld by a three-judge panel. This is the latest setback for bar authorities who have been attempting to discipline Clark for almost two years for his role in Trump’s schemes.
DC Bar’s Efforts to Discipline Jeff Clark Overturned by Court Panel
The D.C. Bar’s Office of Disciplinary Counsel’s attempt to enforce a subpoena against former Justice Department official Jeff Clark has been denied by a three-judge panel. The panel had demanded documents from Clark about his efforts to leverage the Justice Department’s influence to contest election results in states like Georgia.
Clark’s legal team proposed that the demand would infrict Clark’s Fifth Amendment rights by compelling him to testify against his will about events central to two concurrent criminal cases, where Clark is named a co-conspirator.
Judges Joshua Deahl, John Howard III, and Stephen Glickman, who comprised the panel, have denied the Office of Disciplinary Counsel’s bid to enforce the subpoena. A more comprehensive explanation of their decision is anticipated.
This development marks yet another roadblock for bar authorities who have been trying for nearly two years to discipline Clark for his involvement in Trump’s alleged schemes. Clark has instigated several delays by challenging the D.C. Bar’s authority over his actions as a federal official and attempting to shift the case to federal court.
The scope of the new ruling remains uncertain, and bar authorities plan to call several key witnesses to testify about their interactions with Clark. These include former deputy White House counsel Pat Philbin and former acting Attorney General Jeff Rosen.
Clark intends to counter with testimonies from ex-officials who, he asserts, will claim that he acted in good faith. The lead bar investigator, Phil Fox, has expressed frustration at the prolonged process and indicated no intention of postponing Clark’s disciplinary hearing pending resolution of Clark’s criminal cases.
Trump nearly appointed Clark to lead the Justice Department in the final days of his presidency in a bid to solicit its help in preventing Joe Biden’s presidential win. This move was halted by a rebellion from top White House and DOJ aides who threatened to quit if Trump put Clark in charge.
Clark, now a senior fellow at the Center for Renewing America, is facing charges from the D.C. Bar for drafting a letter urging Georgia legislators to appoint a new slate of presidential electors. Investigators assert that Clark coerced his superiors to issue the letter, despite the absence of fraud evidence.
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