There’s no way around it; there simply is no legal basis for the legal strategies put forth by lawyers of Donald Trump designed to undermine the results of the 2020 presidential election.
Exhibit A: Jeffrey Clark, former acting assistant attorney general in charge of the Civil Division at the Justice Department. This week, a three-member disciplinary panel in Washington, D.C., came to a preliminary, nonbinding conclusion that Clark violated his ethical duties as an attorney when he attempted to help overturn the 2020 election and thwart the peaceful transfer of power to Joe Biden.
Between Clark, Eastman and Giuliani, it’s difficult, and perhaps pointless, to pick whose alleged conduct should get special mention as the most dangerous.
Specifically, Clark claimed there were problems with the election results. The problem here for Clark is that there were not. Indeed, Clark unsuccessfully asked his superiors at the Justice Department to issue a letter contending that the 2020 election results were fraudulent. They weren’t, and no such letter was issued.
Clark has not yet faced the nuclear option of being stripped of his license to practice law. A decision by the D.C. Bar Association’s disciplinary board as to what, if any, punishment Clark will receive will come after it reviews further submissions from both Clark and the disciplinary investigators.
Exhibit B: Rudy Giuliani. Giuliani has also faced a disciplinary proceeding by the D.C. Bar authorities for his role in attempting to baselessly challenge the 2020 election results. A different three-member panel recommended Giuliani’s disbarment. In this case, Giuliani’s misconduct centers on his push to file legally groundless lawsuits in Pennsylvania to challenge Biden’s win in that state. The language the panel issued in its initial findings is damning. They concluded that “Mr. Giuliani’s effort to undermine the integrity of the 2020 presidential election has helped destabilize our democracy.”…
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