Attorneys around the country who attempted to work on election integrity-related cases have found themselves the target of what's described as Democrat-led "lawfare," with many of them having to defend their ability even to practice law.
According to The Federalist, one of those lawyers, former Trump-era Department of Justice official Jeffrey Clark, scored a major victory against an attempt to discredit him after a "D.C. Court of Appeals ruled he did not have to comply with a subpoena issued by the D.C. Bar’s Office of Disciplinary Counsel."
The appeals court rightfully ruled that such a subpoena would "infringe" on Clark's "Fifth Amendment right not to be compelled to be a witness against himself."
The ruling was taken as a sweet victory against those targeting Republican lawyers.
In Clark's case, Hamilton P. Fox III of the D.C. Bar’s Disciplinary Counsel charged him with "attempted dishonesty" and "attempted serious interference with the administration of justice."
Originally, the House Jan. 6 Committee unsuccessfully attempted to subpoena Clark, which prompted Fox to give it a try. That was in 2021.
Once Fox filed the charges in July 2022, the subpoena was rendered moot. However, in October 2022, Fox once again attempted to subpoena the Trump-era DOJ lawyer, requesting access to Clark's documents.
Pro-Trump Lawyer Gets a Win Against DC Bar' s Request for Subpoena
Former DOJ attorney Jeffrey Clark still faces a sanctions trial with the D.C. Bar disciplinary committee at the end of March that could result in disbarment.
👉https://t.co/0GmlBJCZBe pic.twitter.com/di42RjxFW0— The Epoch Times (@EpochTimes) February 28, 2024
The Federalist noted:
Among the requested materials was information about his draft letter to Georgia officials noting the DOJ “identified significant concerns that may have impacted the outcome of the [2020] election in multiple States, including the State of Georgia.” Clark is one of the 19 “co-conspirator” targets in Democrats’ wide-ranging election indictment in Fulton County.
Clark refused to comply with Fox's second attempt to subpoena him, citing "it would violate his executive, law enforcement, deliberative process, and attorney-client privileges, as well as deprive him of his Fifth Amendment rights."
Fast-forward to mid-2023 when the D.C. Bar attempted to push for a court-ordered subpoena for Clark's documents. The D.C. Court of Appeals originally granted it, but on Friday, Clark's lawyers successfully argued that such a subpoena would, at the very least, violate his Fifth Amendment rights, and the appeals court three-judge panel agreed.
Given that so many Republican lawyers, especially those connected -- even loosely -- to the former president, have had to fight to maintain their law licenses, the appeals court decision marks a massive victory for Republican lawyers in general.
Other notable Republican lawyers who have been heavily targeted include Rudy Giuliani and John Eastman.
Only time will tell if this victory becomes a trend. Hopefully, that's the case.
