Could U.S. Attorneys Bring Politically Motivated Cases Against Trump’s Enemies Face Disciplinary Action?
A recent inquiry raised whether Pam Bondi and Lindsey Halligan, two high-profile attorneys working under the Trump administration, could face disciplinary action from their state bars for pursuing politically motivated cases against perceived enemies of the president.
In Florida, the state where both Bondi and Halligan are licensed, there are rules that govern attorneys' behavior. These rules can lead to sanctions, including disbarment. However, it's essential to consider the practical realities when examining the possibility of disciplinary action against these lawyers.
Pam Bondi has been accused by a group of lawyers, law professors, and former judges of violating Florida bar rules. They alleged that she "personally and through her senior management" has coerced DOJ lawyers into breaching their ethical obligations under a memo issued on her first day in office. The Florida Bar maintains it cannot investigate Bondi due to its policy not to probe sitting officers appointed under the U.S. Constitution while they're in office.
The rules may be unenforceable as long as Bondi remains in her current position, but it's uncertain whether this means she can avoid disciplinary action after leaving the DOJ. A recent Florida Supreme Court decision rejected a bid to force the bar to investigate Bondi, leaving open the possibility of looking into the matter later.
Lindsey Halligan, on the other hand, is leading the U.S. Attorney's Office for the Eastern District of Virginia. She has secured indictments against two high-profile Trump critics – James Comey and Letitia James – over the objections of career prosecutors, including Erik Siebert, a Republican who was forced out after resisting bringing those cases.
Halligan is also licensed in Florida, which means that state rules can be applied to her behavior. The rules impose special responsibilities on prosecutors, including refraining from prosecuting charges lacking probable cause and making timely disclosure of evidence that could negate the guilt of an accused or mitigate an offense.
However, proving that Halligan knowingly pursued cases without sufficient probable cause is an almost impossible task, requiring a confession she has not yet made. Another rule – making timely disclosure to the defense of evidence that could affect their case – reflects the "Brady" obligations and could potentially be violated in her cases with Comey and James.
While it's uncertain whether Halligan will face disciplinary action before or after the Comey and James cases are resolved, there is a possibility that other ethics rules applying to lawyers in general could come into play. As these cases unfold, it remains to be seen whether either Bondi or Halligan will ultimately face disciplinary action from their state bars.
A recent inquiry raised whether Pam Bondi and Lindsey Halligan, two high-profile attorneys working under the Trump administration, could face disciplinary action from their state bars for pursuing politically motivated cases against perceived enemies of the president.
In Florida, the state where both Bondi and Halligan are licensed, there are rules that govern attorneys' behavior. These rules can lead to sanctions, including disbarment. However, it's essential to consider the practical realities when examining the possibility of disciplinary action against these lawyers.
Pam Bondi has been accused by a group of lawyers, law professors, and former judges of violating Florida bar rules. They alleged that she "personally and through her senior management" has coerced DOJ lawyers into breaching their ethical obligations under a memo issued on her first day in office. The Florida Bar maintains it cannot investigate Bondi due to its policy not to probe sitting officers appointed under the U.S. Constitution while they're in office.
The rules may be unenforceable as long as Bondi remains in her current position, but it's uncertain whether this means she can avoid disciplinary action after leaving the DOJ. A recent Florida Supreme Court decision rejected a bid to force the bar to investigate Bondi, leaving open the possibility of looking into the matter later.
Lindsey Halligan, on the other hand, is leading the U.S. Attorney's Office for the Eastern District of Virginia. She has secured indictments against two high-profile Trump critics – James Comey and Letitia James – over the objections of career prosecutors, including Erik Siebert, a Republican who was forced out after resisting bringing those cases.
Halligan is also licensed in Florida, which means that state rules can be applied to her behavior. The rules impose special responsibilities on prosecutors, including refraining from prosecuting charges lacking probable cause and making timely disclosure of evidence that could negate the guilt of an accused or mitigate an offense.
However, proving that Halligan knowingly pursued cases without sufficient probable cause is an almost impossible task, requiring a confession she has not yet made. Another rule – making timely disclosure to the defense of evidence that could affect their case – reflects the "Brady" obligations and could potentially be violated in her cases with Comey and James.
While it's uncertain whether Halligan will face disciplinary action before or after the Comey and James cases are resolved, there is a possibility that other ethics rules applying to lawyers in general could come into play. As these cases unfold, it remains to be seen whether either Bondi or Halligan will ultimately face disciplinary action from their state bars.