Florida's Pam Bondi and Lindsey Halligan, who serves as the US Attorney for the Eastern District of Virginia, are facing questions about whether they might face disciplinary action from their state bars. Can these lawyers be disbarred or disciplined by the state for bringing politically motivated cases against Trump's enemies?
There is an answer to that: yes, but with some caveats. There are rules in place that bind attorneys where they're licensed, which can lead to a range of sanctions, including disbarment. However, the actions of US Attorney General Bondi and other government lawyers suggest they think these rules don't apply to them.
One key point is that there isn't an ethics exception for someone working in the Trump administration. That said, it's essential to consider the legal and practical realities when examining the possibilities here.
Let's start with Pam Bondi. A group of lawyers, law professors, and former judges filed an ethics complaint against her with the Florida Bar in June, alleging that she "personally and through her senior management, has sought to compel Department of Justice lawyers to violate their ethical obligations under the guise of 'zealous advocacy'." However, the Florida Bar claims it can't even investigate Bondi because the body doesn't investigate or prosecute "sitting officers appointed under the US Constitution while they're in office."
A recent court ruling rejected a bid to force the bar to look into Bondi. The bar's reasoning suggests that disciplinary action against her is unlikely as long as she remains in her current position, but it's possible that the door might swing open after she leaves.
Now let's turn to Lindsey Halligan and her role as the US Attorney for Virginia. Despite having no prior prosecutorial experience, she was installed by the administration to lead the office. She has secured indictments against high-profile Trump critics whose prosecutions the president had demanded - James Comey and Letitia James. The fact that career prosecutors opposed these cases suggests a lack of probable cause.
Halligan shouldn't be considered a "constitutional officer" like Bondi, which would justify state authorities not investigating her if a complaint is filed. However, Florida's rules imposing special responsibilities on prosecutors do apply to her.
One rule states that prosecutors must refrain from prosecuting charges without probable cause. At first glance, this might seem to apply to Halligan's conduct, as she bucked the wisdom of experienced DOJ lawyers in bringing the Comey and James cases.
However, proving that she knew the cases weren't supported by probable cause is almost impossible, unless there's some yet-uncovered confession on her part. The standard for probable cause is famously low compared to the "beyond a reasonable doubt" standard at trial.
Another rule states that prosecutors must make timely disclosure of evidence or information that could negate guilt or mitigate an offense - known as the "Brady" obligations. While it's not yet clear if Halligan has violated this rule, it seems like a more practically provable violation than the probable cause rule.
The ethics rules applying to lawyers more generally will also be relevant in these cases, such as the requirement to be honest in court and in legal filings. As both cases unfold, we'll keep a close eye on developments.
There is an answer to that: yes, but with some caveats. There are rules in place that bind attorneys where they're licensed, which can lead to a range of sanctions, including disbarment. However, the actions of US Attorney General Bondi and other government lawyers suggest they think these rules don't apply to them.
One key point is that there isn't an ethics exception for someone working in the Trump administration. That said, it's essential to consider the legal and practical realities when examining the possibilities here.
Let's start with Pam Bondi. A group of lawyers, law professors, and former judges filed an ethics complaint against her with the Florida Bar in June, alleging that she "personally and through her senior management, has sought to compel Department of Justice lawyers to violate their ethical obligations under the guise of 'zealous advocacy'." However, the Florida Bar claims it can't even investigate Bondi because the body doesn't investigate or prosecute "sitting officers appointed under the US Constitution while they're in office."
A recent court ruling rejected a bid to force the bar to look into Bondi. The bar's reasoning suggests that disciplinary action against her is unlikely as long as she remains in her current position, but it's possible that the door might swing open after she leaves.
Now let's turn to Lindsey Halligan and her role as the US Attorney for Virginia. Despite having no prior prosecutorial experience, she was installed by the administration to lead the office. She has secured indictments against high-profile Trump critics whose prosecutions the president had demanded - James Comey and Letitia James. The fact that career prosecutors opposed these cases suggests a lack of probable cause.
Halligan shouldn't be considered a "constitutional officer" like Bondi, which would justify state authorities not investigating her if a complaint is filed. However, Florida's rules imposing special responsibilities on prosecutors do apply to her.
One rule states that prosecutors must refrain from prosecuting charges without probable cause. At first glance, this might seem to apply to Halligan's conduct, as she bucked the wisdom of experienced DOJ lawyers in bringing the Comey and James cases.
However, proving that she knew the cases weren't supported by probable cause is almost impossible, unless there's some yet-uncovered confession on her part. The standard for probable cause is famously low compared to the "beyond a reasonable doubt" standard at trial.
Another rule states that prosecutors must make timely disclosure of evidence or information that could negate guilt or mitigate an offense - known as the "Brady" obligations. While it's not yet clear if Halligan has violated this rule, it seems like a more practically provable violation than the probable cause rule.
The ethics rules applying to lawyers more generally will also be relevant in these cases, such as the requirement to be honest in court and in legal filings. As both cases unfold, we'll keep a close eye on developments.