Trump DOJ Runs SCARED as VIOLATIONS SURFACE??!

The McDade Amendment, a federal statute, mandates that federal government lawyers adhere to the ethics rules of the state or jurisdiction in which they practice. There is no federal license to practice law; licenses are issued by states, making federal lawyers accountable to state bar associations.

Scott Cummings states, "federal government lawyers in particular are in fact bound by the ethics rules of the state or jurisdiction in which they practice. This is a long-standing federal statute called the McDate Amendment." He further clarifies, "there is not a federal mandatory federal bar... you have to have a valid license from a state."

While lawyers are often seen as champions of the rule of law, they can also facilitate the emergence of anti-democratic forces. This occurs when lawyers choose to engage in institutional attacks, such as those seen in the 2020 election efforts, rather than upholding their oath to the rule of law.

Cummings notes, "lawyers can help facilitate the emergence of anti-democratic forces and autocracies." He adds, "after 2020, like many of us I was shocked at seeing lawyers on the front lines of an attack on this fundamental democratic institution free and fair election."

Government lawyers are held to a higher ethical standard than private lawyers. Their accountability is to the broader public and constitutional values, not solely to the president's personal or political interests. They are expected to act as gatekeepers against executive overreach and uphold the Constitution.

Cummings explains, "government lawyers have higher obligations... They're really accountable to the broader public... ultimately accountable to upholding constitutional values. So, you know, they're they're not the president's lawyer."

The Department of Justice, under Todd Blanch's authority, promulgated a rule that would effectively disable state and DC bar regulatory oversight over DOJ lawyers. The rule suggests that internal review by the DOJ's Office of Professional Responsibility (OPR) must precede any state bar action, despite OPR allegedly being 'captured' by loyalists.

Cummings describes the rule: "before any Department of Justice lawyer faces oversight or discipline by by their state bar, they first have to be reviewed internally by the Office of Professional Responsibility within the Department of Justice." He adds, "this OPR is no longer independent and so the idea that it would have the first cut at evaluating ethical misconduct by government lawyers is a sham."

The DOJ filed a lawsuit against the DC bar in the context of Jeffrey Clark's disbarment case, arguing that the DC bar is violating the federal supremacy clause by punishing a government lawyer for actions claimed to be within the normal course of serving the executive. This lawsuit aims to test the boundaries of the McDade Amendment and immunize federal lawyers from bar oversight.

Cummings states, "Blanch signs a complaint against the DC bar in the Clark case... the argument is essentially that the DC bar is violating the federal supremacy clause by punishing a government lawyer for representing the government in the normal course of action."