Twenty U.S. states, including California and New York, have thrown their support behind the District of Columbia’s authority to discipline former Justice Department official Jeffrey Clark, urging a federal court to reject the Trump administration’s challenge to the proceedings.
The administration filed a lawsuit in May seeking to halt efforts by Washington’s attorney-discipline authorities to disbar Clark, a prominent ally of former President Donald Trump who was accused of helping efforts to overturn Trump’s defeat in the 2020 presidential election.
The D.C. Board on Professional Responsibility recommended last year that Clark lose his law license. Clark has denied wrongdoing, and the matter remains under review by the D.C. Court of Appeals, which has the final say on attorney discipline in the district.
The states have backed Hamilton “Phil” Fox, head of the D.C. office responsible for attorney discipline, who is seeking dismissal of the federal lawsuit. The defendants argue that the administration’s claim—that disciplining Clark would amount to unlawful state interference with a federal official—has no legal basis.
In a court filing, the states warned that the administration’s position could undermine the long-established system through which states regulate attorneys licensed to practice within their jurisdictions.
They also cautioned that a victory for the federal government could open the door for current and former Justice Department lawyers to argue that state authorities have no power to discipline them for conduct carried out while serving as federal officials.
The states further rejected the idea that internal Justice Department procedures could replace state-level disciplinary action. While the department can impose internal penalties, it does not have the power to revoke a lawyer’s license or disbar them.
The states stressed that their filing does not take a position on whether Clark should ultimately be disciplined. Instead, they are defending what they describe as the broader authority of state and local legal regulators to oversee attorneys practicing within their jurisdictions.
The case is now before U.S. District Judge Richard Leon, who is considering the administration’s effort to block the disciplinary proceedings.
