WASHINGTON, D.C. – Yesterday, America First Legal (AFL) filed an amicus brief in support of former DOJ official Jeffrey Clark in disciplinary proceedings before the District of Columbia Court of Appeals’ Board on Professional Responsibility. These proceedings have been initiated by the DC Bar’s Office of Disciplinary Counsel.
The Office of Disciplinary Counsel seeks to penalize Mr. Clark for providing advice and counsel to the President of the United States and authoring a draft memo about the 2020 presidential election. The memo was neither adopted nor acted upon. Despite this, the Office argues that Mr. Clark's actions violated the D.C. Rules of Professional Conduct.
AFL’s brief contends that, based on the Supreme Court’s decision in Trump v. United States, Mr. Clark is entitled to immunity for his actions as a senior official under the President’s direction and supervision. The U.S. Constitution states that the President “may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices.” AFL argues this authority must include receiving advice from other senior officials.