Quick Read

Georgetown Law Dean William Treanor details how an interim US Attorney's unconstitutional threat against the school for teaching DEI backfired, leading to an ethics complaint and highlighting broader challenges to academic and religious freedom within the legal profession.
Interim US Attorney Edward Martin threatened Georgetown Law over DEI curriculum, violating academic and religious freedoms.
Dean William Treanor's firm, constitutionally-grounded response successfully nullified the threat, protecting students.
Martin now faces an ethics complaint, while new DOJ regulations seek to undermine state bar oversight of federal lawyers.

Summary

In an early move of the then-Trump administration's second term, interim US Attorney Edward Martin sent a threatening letter to Georgetown Law Dean William Treanor, demanding the school cease teaching Diversity, Equity, and Inclusion (DEI) or face a hiring ban for its graduates and interns. Dean Treanor, a constitutional scholar, responded by asserting the university's First Amendment rights to academic freedom and its religious freedom as a Jesuit institution committed to inclusion. The threat, specifically targeting Georgetown, did not materialize, and the school's graduates continued to be hired. Martin is now the subject of an ethics complaint for his actions and for attempting ex parte communications with the court. The episode also discusses the Attorney General's proposed regulations that aim to exempt Department of Justice (DOJ) lawyers from state ethics investigations, which Treanor argues is unconstitutional and undermines state authority in policing the legal profession.
This episode reveals a direct challenge to academic and religious freedom within the legal education system by a federal official, demonstrating how such overreach can be effectively countered. It underscores the critical role of state bar associations in regulating legal ethics, a function now threatened by proposed federal regulations. The case of Edward Martin serves as a concrete example of the potential consequences for federal lawyers who engage in politically motivated actions that violate constitutional principles and professional ethics, impacting the integrity of the justice system.

Takeaways

  • Interim US Attorney Edward Martin sent a threatening letter to Georgetown Law, demanding they stop teaching DEI or face a hiring ban for graduates and interns.
  • The letter was specifically targeted at Georgetown Law, not other DC law schools like Howard, despite Howard also teaching DEI.
  • Dean William Treanor responded by asserting Georgetown's First Amendment right to academic freedom and its religious freedom as a Jesuit institution committed to inclusion.
  • The threat did not materialize; Georgetown graduates continued to be hired by the US Attorney's office.
  • Edward Martin is currently facing an ethics complaint for his actions, including attempting ex parte communications with the court regarding the complaint.
  • The Attorney General has issued draft regulations seeking to exempt DOJ lawyers from state ethics investigations, which is deemed unconstitutional and problematic.
  • State-level bar associations traditionally regulate lawyer admission and ethics, a role the proposed DOJ regulations seek to undermine.

Insights

1Interim US Attorney Edward Martin's Unconstitutional Threat

Edward Martin, then interim US Attorney for the District of Columbia, sent a letter to Georgetown Law Dean William Treanor, threatening to cease hiring Georgetown graduates and offering internships if the school continued to teach Diversity, Equity, and Inclusion (DEI). This threat was perceived as an attempt to dictate university curriculum and was specifically targeted at Georgetown.

Martin's fax stated he 'understood that we were teaching DEI and that unless I satisfied him that DEI was not part of our curriculum he would not hire our graduates and he would not give internships to our students.' The letter was sent in late February of 'last year' (relative to the April 2nd recording date).

2Georgetown Law's Constitutional Defense of Academic and Religious Freedom

Dean William Treanor responded to Martin's threat by asserting two constitutional violations: the First Amendment right of universities to decide their curriculum (academic freedom) and the violation of religious freedom, as Georgetown's Jesuit mission inherently promotes inclusion and outreach.

Treanor stated, 'universities get to decide their curriculum...it's their free speech right.' He added, 'it's an attack on our mission as a Jesuit university to teach in accordance with our mission...the Jesuit order has historically been about inclusion and outreach.'

3Targeted Nature of the Threat and Its Failure

The threat was uniquely aimed at Georgetown Law. Martin explicitly stated he would continue to hire from Howard University, despite their DEI programs, but not Georgetown. Ultimately, the threat proved empty, as Georgetown graduates continued to secure positions and internships at the US Attorney's office.

Treanor noted, 'we were the only school in DC that got this letter.' He recounted Martin's interview where he said, 'No, that I won't hire from Howard. They can practice DEI. Georgetown can't.' He later confirmed, 'Our graduates have been hired and our students have been offered internships.'

4Ethics Complaint Against Edward Martin

Edward Martin is now the subject of an ethics complaint filed with the District of Columbia Board of Professional Responsibility. The complaint addresses his actions against Georgetown Law and includes allegations of attempting ex parte communications with the court to discuss the matter.

The host states, 'Mr. Martin is now the the subject of an ethics complaint for uh for some of these actions...efforts to to engage with the the the court...to have a face-to-face meeting with the court uh to discuss this matter and find a way forward.'

5DOJ's Attempt to Undermine State Ethics Oversight

The Attorney General has issued draft regulations that seek to exempt Department of Justice (DOJ) lawyers from state ethics investigations and prosecutions. Dean Treanor argues these regulations are unconstitutional, as states traditionally regulate bar admission and professional conduct, and the DOJ is not adequately policing its own ethics.

The host mentions the Attorney General 'has issued draft regulations that that basically want to uh in effect exempt uh DOJ lawyers from state ethics investigations and prosecutions.' Treanor explains, 'DOJ is not policing ethics and two, this is clearly this is a a violation of a core function of the states.'

Lessons

  • Understand that constitutional principles like academic freedom and religious freedom provide strong defenses against governmental overreach into educational institutions.
  • Recognize the importance of state bar associations in maintaining ethical standards for lawyers, including federal employees, and be aware of efforts to undermine this oversight.
  • Support leaders in educational and legal fields who are willing to stand firm against political pressure and defend core institutional values and constitutional rights.

Notable Moments

Dean Treanor's wife suggested emphasizing 'interim' in Martin's title in the response letter, highlighting his temporary authority.

This subtle but impactful editorial choice underscored Martin's limited authority and potentially delegitimized his threat, a detail that resonated widely with supporters.

Following the response letter, Dean Treanor received an unsolicited pizza delivery to his home, an early instance of a tactic later recognized as a threat ('we know where you live').

This incident illustrates the personal risks taken by individuals who publicly challenge governmental actions, even in academic or legal contexts, and highlights the escalating nature of intimidation tactics.

Quotes

"

"I can't believe that a federal prosecutor would be telling uh a law school what they could and could not teach and really threatening our students uh if we did not give in to his demands."

William Treanor
"

"Universities are first amendment actors and they get to decide their curriculum. It's their free speech right."

William Treanor
"

"The Jesuit order has historically been about inclusion and outreach. That's really at at the core of their mission as a religious order."

William Treanor
"

"I don't know what's going to come of this but uh it is something that poses a risk and I want to make sure that you feel comfortable with it. And she said you should send it because it's the right thing to do."

William Treanor
"

"DOJ is not policing ethics and two, this is clearly this is a a violation of a core function of the states, you know, for the federal government to tell states, you don't get to decide who practices in state courts."

William Treanor

Q&A

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