Recommendations for Disbarment
On August 1, an attorney disciplinary board advised that Jeffrey Clark, a White House official, should be disbarred from practicing law in Washington, D.C. This recommendation stems from his involvement in attempts to overturn the results of the 2020 presidential election, which was won by Joe Biden over Donald Trump.
Board’s Findings
A majority of the nine-member Washington, D.C., Board on Professional Responsibility voted on Thursday to recommend Clark’s disbarment. They stated that Clark “was prepared to cause the Justice Department to tell a lie about the status of its investigation” regarding the 2020 election.
The board emphasized that “lawyers cannot advocate for any outcome based on false statements, and they certainly cannot urge others to do so.” They described Clark’s actions as persistent and energetic efforts to mislead on a crucial national issue, asserting that disbarment is necessary to send a strong message that such conduct is unacceptable.
Voting Breakdown and Next Steps
- Seven board members voted for disbarment.
- Two members suggested a three-year suspension, requiring Clark to prove his fitness to practice law before reinstatement.
The final decision will be made by the D.C. Court of Appeals.
Clark’s Response
In response to the board’s ruling, Clark stated on X, “The fight continues.” Currently, he serves as the acting administrator of the Office of Information and Regulatory Affairs within the White House Office of Management and Budget. Previously, he held the position of acting assistant head of the Justice Department’s Civil Division during Trump’s first term and supported the former president’s unfounded claims of election fraud.
The Controversial Letter
The ruling largely revolves around a letter Clark drafted in December 2020, after Trump’s defeat. In this letter addressed to officials in Georgia, Clark claimed the Justice Department had “significant concerns” about the state’s election process, despite the absence of any factual issues. He advised that Georgia’s governor convene the legislature to discuss replacing Biden-supporting electors with those loyal to Trump, a scheme now widely known as the fake electors plot.
Despite receiving warnings from two superiors against sending the letter, Clark continued to push for its delivery, even though his role at the Justice Department did not involve electoral matters.
Trump’s Considerations
Additionally, there was speculation that Trump considered appointing Clark as Attorney General instead of Jeffrey Rosen but ultimately decided against it upon realizing it would lead to mass resignations within the department.
