Jeffrey Clark’s attorney argued Friday why Clark should avoid sanctions for his part in trying to overturn the 2020 election results, an outcome that could dictate the role he can play in any Donald Trump second term.
The former US assistant attorney general told a three-judge DC Court of Appeals panel that the DC Bar lacks jurisdiction to sanction him, including possible disbarment. Sanctions, especially disbarment, would hinder Trump’s ability to tap Clark for a high-ranking post in a new administration, said Richard Painter, a University of Minnesota Law School professor.
“I don’t think he could do anything at DOJ,” Painter said, including jobs that would require him to sign briefs or appear in court.
Clark is best known for circulating a draft letter while he was still at the Justice Department on Dec. 28, 2020. The letter recommended that Georgia officials call a special legislative session to determine who “won the most legal votes” and consider appointing a new slate of electors, according to a 2021 Senate Judiciary Committee report.
At the hearing, DC Bar Disciplinary Counsel Hamilton Fox III said that his “entire case is built around that letter.”
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