Trump’s attorney gets the legal news he DREADED
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Quick Read
Summary
Takeaways
- ❖Ed Martin, former acting US Attorney for D.C. and current pardon attorney, faces a formal investigation by the DC Bar Council.
- ❖Charges include violating the First and Fifth Amendments by coercing Georgetown Law to stop DEI teaching and programs.
- ❖Martin prohibited Georgetown students from working at the DC US Attorney's Office as a penalty.
- ❖He engaged in unethical ex parte communications with D.C. Court of Appeals judges who would decide his case.
- ❖The bar council added charges for these one-sided communications, making disbarment a strong possibility.
- ❖Disbarment would mean Martin could no longer practice law in any U.S. jurisdiction and would likely lose his DOJ position.
Insights
1Abuse of Prosecutorial Authority and Constitutional Violations
Ed Martin, as acting US Attorney for D.C., overstepped his authority by attempting to dictate curriculum to Georgetown University School of Law regarding Diversity, Equity, and Inclusion (DEI) programs. He threatened and took adverse action against the university, prohibiting its students from working at the US Attorney's Office, which the DC Bar Council alleges violated the First and Fifth Amendments of the U.S. Constitution.
Martin sent a threatening letter to Georgetown, stating DEI was 'unacceptable' and demanding it stop, then punished the school when it refused. The bar council's allegations specifically cite violations of the First and Fifth Amendments.
2Unethical Ex Parte Communications with Judges
After ethical allegations were filed against him, Ed Martin engaged in further misconduct by initiating one-sided, 'ex parte' communications with judges on the District of Columbia Court of Appeals. These judges would ultimately be responsible for deciding his ethics case, making his outreach an attempt to improperly influence the judicial process.
Martin contacted judges, including sending emails, requesting that the bar counsel prosecuting him be investigated and punished. The DC Bar Council added these ex parte communications as new charges.
3Severe Consequences for Disbarred Attorneys
Disbarment is a highly serious sanction for an attorney, effectively ending their ability to practice law in any U.S. jurisdiction. For Ed Martin, this would mean losing his law license, making him ineligible for any position requiring a law degree, such as his current role as Pardon Attorney.
Glenn Kirschner explains that disbarment means an attorney 'will never be able to practice law in any jurisdiction in the United States, federal or any of the state courts.' He also states that DOJ regulations would likely require Martin's removal as Pardon Attorney.
Lessons
- Understand that attorneys, especially those in government roles, are held to strict ethical standards and constitutional obligations.
- Recognize that attempts to coerce educational institutions or improperly influence judicial proceedings carry severe professional penalties.
- Be aware that the legal system has mechanisms for accountability, even for high-ranking officials, through bar associations and ethical investigations.
Notable Moments
Ed Martin, as acting US Attorney for D.C., threatened Georgetown Law over its DEI programs and subsequently penalized the school.
This action forms the basis of the initial ethical complaint, demonstrating an alleged abuse of power and violation of constitutional rights by a government official against an educational institution.
The DC Bar Council adds charges against Ed Martin for unethical ex parte communications with judges who would hear his ethics case.
This reveals a pattern of disregard for legal ethics and judicial independence, significantly strengthening the case for disbarment and highlighting the severity of his misconduct.
Quotes
"Martin knew or should have known that as a government official, his conduct of trying to threaten and coersse Georgetown law into abandoning DEI teaching and and programs. His conduct violated the first and fifth amendments to the Constitution of the United States."
"He started to unethically have what we call exparte contact, one-sided contact with who. Judges on the District of Columbia Court of Appeals, who would be the ultimate decider as to whether the charges have been proven and whether he should be sanctioned up to and including being disbarred."
"It really is a hit when somebody gets disbarred. That's in theory, you know, at least three years of law school and a bar exam that is thrown out the the window and you can never take advantage of it. You can never use it to earn a living in the future."
Q&A
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