The outrageous persecution of Jeff Clark

On the heels of DC attempting to disbar @JeffClarkUS, a dark money group has escalated further–filing bar complaints against little-known lawyers who defend the Administration in court. This is a frontal assault on the Executive Branch. It must be defeated at all costs.

These people describe how they are using lawfare to go after Trump and his associates. They are now saying that since the SC gave Trump some immunity that they will be using lawfare against people in his administration and also have them disbarred.

They also talk about using… pic.twitter.com/pXZTEvwaDa

— The Researcher (@listen_2learn) September 8, 2024

Lawyer Harry MacDougald:

With the federal executive branch in Republican hands, Democrat lawfare is being waged in venues the left still controls, such as bar disciplinary processes in left wing jurisdictions. D.C. voted Democrat more than 90% against Trump all three times he was on the ballot – the most lopsided margin in the country to have it’s own Bar, and one that covers the many thousands of lawyers working in the HQ of the national government. The doctrine of federal supremacy protects the federal government and its employees from obstruction and harassment by hostile local officials. This is taught in the first week of constitutional law classes starting with the Supremacy Clause and McCullough v. Maryland. It is the animating principle of ~180 years of federal officer removal law under 28 USC 1442 and its predecessor statutes (at least until the ridiculous decision in Meadows v. Georgia in the 11th Circuit).

The District of Columbia was itself created to insulate the federal government from hostile neglect or abuse by a state government that would not come to its aid in a time of need.

Now, however, the federal government is headquartered in one of the most hostile jurisdictions in the country. Bar discipline is being weaponized to hobble the administration by destroying key officials, intimidating others from the vigorous execution of their duties, and deterring still others from even joining the government.

McCullough v. Maryland held in 1819 that: “[N]o principle of [state power] … can be admissible, which would defeat the legitimate operations of a supreme government.” There are literally “many such cases” holding that states cannot impede the operations of the federal government such as but not limited to prosecuting or fining or otherwise impeding its officers in the execution of their duties. For D.C. as the seat of government, it’s just the same, only more so.

But that’s exactly what’s going on with Bar warfare, or perhaps we could call it “Barfare.”

The authority of the D.C. Bar over federal lawyers is extremely dubious. Until the McDade Act was passed in an omnibus spending bill in 1998, DOJ’s position was that state or local disciplinary authority over DOJ lawyers was barred by federal supremacy. The McDade Act granted disciplinary authority to the states but the statute conspicuously omits D.C. in contrast to many other statutes that specifically refer to both the States and DC when they so choose. Under ordinary rules of statutory construction, the statute does not grant such authority to D.C., the ruling of the D.C. Court of Appeals to the contrary notwithstanding.

In 1999 Janet Reno’s DOJ issued regulations at 28 C.F.R. Part 77 implementing the McDade Act. In 28 C.F.R. Section 77.2(h) the reg purports to extend disciplinary authority to D.C despite the omission such authority from the statute. This was obviously a Chevron step 1 violation, and after Loper Bright, there is simply no excuse for so plainly exceeding the scope of the statute. Neither agencies nor courts can replace omissions in statutes. Moreover, even if the statute and the regulations properly give the D.C. Bar authority over federal lawyers, their terms require federal lawyers be treated equally with non-federal lawyers and disciplined only to the same extent and for the same conduct as local lawyers. That ship sailed a long time ago.

DOJ can put a stop to this by rescinding 28 C.F.R. 77.2(h), which is unconstitutional on grounds of (1) supremacy and (2) separation of powers. It is also erroneous as a matter of statutory interpretation. DOJ could also rescind the regulation on the ground that its (and the statute’s) requirement of equal treatment is being egregiously violated. The federal government’s acquiescence to the McDade Act should also be reconsidered on supremacy grounds. D.C. is not the only hostile jurisdiction resorting to Barfare. Federal supremacy cannot be reconciled with a local bar association claiming punitive authority over confidential internal deliberations by the President of the United States with his senior legal advisors that occur within the zone of his exclusive and preclusive authorities under Article II. If this is not stopped, every attorney in DOJ who offends liberal pieties is at risk, even for confidential drafts that never even leave the office.

Clark and several other saw their privacy privileges violated in this process:

Officials from the first Trump administration are alleging they received notices from Google shortly before they returned to office that they were being probed by the FBI under the Biden administration and the web giant was unable to tell them because of a court order.

Dan Scavino, who is now White House Deputy Chief of Staff and assistant to the president, described the matter as “Biden lawfare” kicking in after he “patriotically and proudly” served during Trump’s first term.

“Google received and responded to a legal process issued by the Federal Bureau of Investigation compelling the release of information related to your Google account. A court order previously prohibited Google from notifying you of the legal process…” Scavino shared on X from an email he said he received from Google five weeks before Trump returned to the White House.

Imagine patriotically and proudly serving in the first Trump White House for four years, and departing in January of 2021 . . . Then, during the four years you’re out, BIDEN LAWFARE kicks in, and you receive the below email five weeks before re-entering the White House again in…

— Dan Scavino Jr. (@DanScavino) August 1, 2025

…

Less than a half-hour after Scavino’s post, FBI Director Kash Patel responded to him saying “I got one of those too…”

Jeff Clark, the current acting administrator of the Office of Information and Regulatory Affairs, then chimed in Saturday morning, saying that he, too, received a similar message.

“Indeed, a whole Jack Smith team was assigned to go through my emails after there was a privilege review,” Clark wrote on X in reference to the former special counsel.

“But that group of lawyers ignored my religious pastor privilege, marital privilege, and other privileges and basically shipped all they could to Jack Smith. But it still cost me tens of thousands to try to protect my communications,” he added.

You might remember Kevin Clinesmith. He was the FBI lawyer who forged a document to implicate Carter Page. The same corrupt DC bar that now seeks disbarment of Clark restored Clinesmith’s law license.

The corrupt D.C. Bar has recommended that Trump 45 Department of Justice official Jeffrey Clark be stripped of his law license after it weaponized its own process in order to target him.

Clark’s sin? Drafting and never even sending a letter to Georgia officials regarding unconstitutional 2020 election changes never approved by the state legislature, recommending that the legislature convene to investigate itself for election irregularities.

…

All this talk about “dishonesty” is pretty laughable coming from the D.C. Bar, which actually reinstated former FBI attorney Kevin Clinesmith — a felon convicted of lying on a FISA warrant used to advance the Russia collusion hoax and illegally spy on Carter Page — after merely suspending him for one year.

While Clinesmith lied to advance one of the greatest political lies in American history and steal a fully functioning presidency from the American people during President Donald Trump’s first term, Clark wrote a draft letter that was never sent. Clinesmith is now an “active member” in “good standing.”

“The D.C. Bar, which still counts Kevin Clinesmith, who lied to the FISA Court, as a member in good standing, is a DISGRACE. This latest injustice is just another chapter in the Deep State’s ongoing assault on President Trump and those who stood beside him in defense of the truth,” OMB Communications Director Rachel Cauley said in a statement. “JEFF CLARK has been harassed, raided, doxed, and blacklisted simply for questioning a RIGGED election and serving President Trump. Despite the relentless political persecution, Jeff continues to be vindicated as more irregularities regarding the 2020 election are uncovered. He will not stop fighting [for] the truth and for America.”

The weaponized board admitted it had to go to great lengths to manufacture this recommendation, noting there “are no factually comparable prior disciplinary cases” and claiming it is “not surprising given the underlying facts.” Then, apparently without a sense of irony, the board said it was “mindful of the need to maintain the integrity of the legal profession and deter the respondent and other attorneys from engaging in similar misconduct.”

One of those pursuing Clark is another person you might remember- Fani Willis. She is no stranger to ethical violations yet there is no movement to have disbarred. The same for Nathan Wade. Where is action against the Biden DOJ for overuse of force with the early morning raids on the homes of Clark, Roger Stone and Peter Navarro.

The hypocrisy is stark and unsettling. Lawfare and Barfare are relatively new to the legal jargon, and they must indeed be stomped out and crushed.

Jeff Clark must be supported.