Three Former Attorneys General Support Jeffrey Clark’s Defense

In Washington, three former U.S. Attorneys General have come out against the actions taken against Jeffrey Clark, who was involved as a regulatory czar under President Trump. Notably, Bill Barr criticized previous judicial officers for urging investigations into alleged “voting irregularities” during the 2020 election.

Barr, along with Jeff Sessions and Michael Mukasey, submitted an Amicus brief to the DC Court of Appeals on Thursday, standing by Clark after he faced repercussions for a letter he wrote in December 2020. This letter suggested state-level investigations regarding potential election fraud.

The former attorneys general expressed their concerns about punishing Clark, although they noted they weren’t entirely convinced by the legal strategy behind his letter. This was outlined in a 23-page document prepared by lawyers from Boyden Gray PLLC.

Barr, Sessions, and Mukasey contended that taking action against Clark could lead to federal lawyers being accused of “fraud” or “improprieties.” They argued that such political retaliation would cause disruption, deterring lawyers from performing their duties and limiting the guidance they could provide out of fear of backlash.

The DC Bar’s Professional Responsibility Committee had proposed suspending Clark’s legal license for two years in a preliminary ruling issued on July 31.

The committee stated that attorneys cannot defend themselves based on falsehoods or encourage others to do so. They criticized Clark for allegedly promoting misinformation surrounding significant national matters, suggesting that a clear message needed to be conveyed regarding unacceptable behavior.

In response, Clark’s lawyer, Harry McDougald, firmly denied any dishonesty on Clark’s part. He argued that Clark was being targeted for suggesting further investigation into the 2020 election, framing it as an unjust accusation, or “thought crime.”

McDougald highlighted what he viewed as a double standard in disciplinary actions, pointing out that former FBI lawyer Kevin Kleinsmith received only a one-year suspension after pleading guilty to falsifying documents in relation to the Trump Campaign. McDougald remarked that if there were no double standard, there wouldn’t be a standard at all.

The stark contrast in the handling of Clark’s case versus Kleinsmith’s was particularly notable to them. They noted that while Clark faced potential disbarment, Kleinsmith was merely suspended, despite having committed an offense that involved misleading the court.