On Saturday, March 2, 2024, Reuters reported that former Trump administration official Jeffrey Clark defeated an attempt by the District of Columbia Bar to subpoena documents as part of an investigation into allegations of attorney misconduct.

Clark is accused by the D.C. Bar’s Office of Disciplinary Counsel of attempting to interfere with the 2020 election results by urging the DOJ to falsely tell Georgia election officials that the federal government had concerns about irregularities that may have affected the outcome. Separately, Clark faces criminal charges in Georgia for allegedly scheming to overturn Trump’s loss in the state.

As part of its investigation into Clark’s conduct, the D.C. Bar subpoenaed documents from him regarding evidence of irregularities in the 2020 presidential election that could have impacted the results in Georgia or other states. However, Clark appealed to the D.C. Court of Appeals, arguing the subpoena infringed on his Fifth Amendment right against self-incrimination due to the parallel criminal case against him in Georgia.

In a brief order, the D.C. Court of Appeals ruled in Clark’s favor. The ruling lifted a previous order that had allowed the disciplinary counsel to enforce the subpoena.

At a hearing, judges on the panel expressed reservations about the subpoena, noting its overlap with the Georgia criminal case. One judge said the Fifth Amendment privilege against self-incrimination offers broad protection.

Despite the setback, the D.C. Bar plans to still hold a disciplinary hearing against Clark at the end of March. If found to have violated ethics rules, Clark could potentially face sanctions ranging from a reprimand to disbarment.

 

 

Source: Reuters