A former Justice Department official who served in the Trump administration and is one of 19 defendants in the Georgia 2020 election probe is seeking to pause an ethics case against him, citing the charges he faces in the Fulton County indictment.
In a 13-page filing in federal court in Washington, D.C., lawyers for Jeffrey Clark argued Thursday that an ethics violation case brought by a licensing authority for attorneys in Washington should be put on hold until the resolution of the Georgia charges because “they involve substantially the same allegations.”
“Imposing a reasonable stay of these hybrid civil-criminal proceedings would avoid imposing the undue hardship on Mr. Clark of having to defend two cases at once, and prevent the legal system from falling into disrepute in the public’s eyes or otherwise seriously prejudicing Mr. Clark’s constitutional rights,” they wrote.
Requiring Clark to submit to disciplinary proceedings in Washington would “compel him to expose his defense to the Georgia district attorney,” they argued, referring to Fulton County District Attorney Fani Willis. They also suggested that refusing to stay the proceedings could deprive Clark of his Fifth Amendment right to refuse to testify in the Georgia case.
A lawyer for Clark did not immediately respond to a request for comment Thursday evening.
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Former President Donald Trump, Clark and 17 other people were indicted Monday on felony charges in connection with alleged efforts to overturn the 2020 presidential election results in Georgia.
He faces two counts in the sprawling 41-count indictment, including violation of the Georgia Racketeer Influenced and Corrupt Organizations Act and criminal attempt to commit false statements and writings. He has not entered a plea.
Clark, who was a Justice Department environmental lawyer, was directed by Trump to also serve as the acting assistant attorney general for the Civil Division in 2020. Trump considered replacing acting Attorney General Jeffrey Rosen with Clark after the election.
According to the indictment, Clark and “unindicted co-conspirators” prepared a document that falsely claimed the Justice Department had identified “significant concerns” that may have affected the outcome of the election in Georgia and other states.
Clark also made multiple attempts seeking authorization from top Justice Department officials to send the document to Georgia Gov. Brian Kemp; Georgia’s House speaker at the time, David Ralston, and Georgia Senate President Pro Tempore Butch Miller, according to the indictment.
The Office of Disciplinary Counsel, which regulates the conduct of attorneys admitted to the bar in Washington, began a disciplinary proceeding against Clark in July 2022.
When reached for comment, disciplinary counsel Hamilton “Phil” Fox said in an email that the group opposes the stay.
“We will explain our reasons when we file our opposition,” he said, declining to comment further.
In a petition filed last year, the disciplinary counsel referred to the draft letter cited in Monday’s indictment as an example of Clark’s attempts “to engage in conduct involving dishonesty” and “to engage in conduct that would seriously interfere with the administration of justice,” in violation of D.C. Bar rules.
Other lawyers indicted in the Fulton County case, such as Rudy Giuliani, Jenna Ellis and Sidney Powell, have been punished or could face disciplinary proceedings from disciplinary groups because of their alleged conduct as Trump sought to overturn his election loss.
Clark is also not the first defendant in the Fulton County case to have sought postponement of disciplinary proceedings elsewhere.
John Eastman, who faces nine counts in the Georgia indictment, asked a California judge last week to postpone disbarment proceedings against him, citing “intensified” concerns that the government might bring criminal charges against him in Trump’s election case in Washington.
Trump’s indictment in Washington lists six co-conspirators, and Eastman’s lawyer has confirmed that his client is most likely “Co-Conspirator 2,” adding that his client was innocent.
