Former Attorneys General Defend Jeffrey Clark Against Disbarment

Three former U.S. Attorneys General—including Bill Barr, Jeff Sessions, and Michael Mukasey—have jointly expressed opposition to the proposed disbarment of Jeffrey Clark, a former DOJ official, despite raising concerns about his actions. They filed an amicus brief urging the court against stripping Clark of his law license following disciplinary recommendations.

The dispute centers on Clark’s recommendations to state legislatures in December 2020 to investigate election irregularities. Although the attorneys general acknowledged that they disagreed with the legal approach outlined in Clark’s draft letter, they warned that disbarring him for private, internal suggestions would set a harmful precedent. Their 23-page filing emphasized that such disciplinary actions could discourage legal professionals from offering frank advice in sensitive situations, fearing political retaliation.

Clark faces a recommendation from the DC Bar’s Board of Responsibility for a two-year disbarment, stemming from allegations that he sought to influence election probes based on private proposals that were not public. His lawyer, Harry MacDougald, argued that Clark “never lied” and criticized the move as an unjust political punishment.

The former attorneys pointed out inconsistencies, citing the case of Kevin Clinesmith, an ex-FBI lawyer who received only a one-year suspension after pleading guilty to falsifying documents related to surveillance warrants in the Russia investigation. They contrasted Clinesmith’s leniency with Clark’s looming disbarment, asserting that the standards applied are inconsistent.

They contended that Clark’s actions did not involve criminal conduct or false statements to courts, yet the disciplinary board seeks to disbar him—an action they see as disproportionate. The debate highlights ongoing tensions over accountability and fairness in legal disciplinary processes involving politically sensitive matters.