Clark Bar? No. Bar Clark

By BRUCE LOWITT

A disciplinary board for the District of Columbia Bar has determined that Jeffrey Clark should be suspended from practice for two years. Clark, appointed in September 2020 by then-President Donald Trump as acting head of the U.S. Department of Justice’s Civil Division, was identified as an unindicted co-conspirator in Trump’s attempt to overturn the 2020 presidential election, and in August 2023 Clark was among 19 people indicted in a conspiracy to unlawfully change the outcome of the Georgia vote in said presidential election. The following is a summary of the disciplinary board’s recommendation to the D.C. Bar’s Board of Professional Responsibility, which will in turn make its own recommendation to the D.C. Court of Appeals.:

… we find Disciplinary Counsel has proven by clear and convincing evidence that Mr. Clark attempted dishonesty and did so with truly extraordinary recklessness. Mr. Clark was an environmental and civil litigator. He had no experience with criminal investigations and in his position as Acting Assistant Attorney General had no responsibility for and no involvement in any investigations relating to election matters. At the eleventh hour of the Trump Administration, he sought to take over responsibility for investigations into election matters, and relying on what was, at best, a fraction of the information any reasonable attorney would expect to act on, to insist on sending a letter – with significant false and misleading statements – to officials in the State of Georgia, urging extraordinary action to intervene in the electoral process. He did this, notwithstanding the emphatic statements that the letter was false from those within the DOJ most knowledgeable about the situation, and warnings from the advisers closest to President Trump that sending the letter would be not just a mistake, but a catastrophic event leading to the resignation of a huge swath of the Justice Department and riots in the streets. Nonetheless, he pushed for this letter to be sent even after President Trump himself said ‘no.’
“As explained below, we accept the testimony that Mr. Clark was sincere in his belief that sending the letter was appropriate. … But his sincerity of belief does not make him less reckless. To the contrary, we conclude that his personal beliefs blinded him from objectively assessing the facts and the reality of his proposed course of action, and caused him to rationalize a broader role for the Department of Justice, failing to distinguish President Trump from candidate Trump. Mr. Clark’s reaction to the circumstances completely overtook his judgment.”
Every word of the above summary is true; none of it was created by the satirist whose byline precedes it. Rather, it is a way of proving that when it comes to any events connected to Donald Trump before, during or after his presidency, you can’t make this shit up.

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