CHARLESTON, WV — West Virginia Attorney General JB McCuskey is leading a coalition of fourteen state Attorneys General in fighting back against organized, politically motivated campaigns designed to intimidate Department of Justice attorneys and cripple the federal government's ability to enforce the law.
The coalition submitted formal comments to Acting Attorney General Todd Blanche supporting a proposed rule that would establish a federal review process for bar complaints filed against Department of Justice attorneys.
"DOJ attorneys must be able to continue to enforce our Nation's laws without fear of politically motivated bar complaints or ethics investigations being filed against them. We have seen an increase in these unfounded complaints. " McCuskey said. "This lawfare has gone unchecked for too long and must stop. Yet our state bar and others have perversely labeled this modest effort to restore order as an attack on the law. "
There has been a surge in organized bar complaint campaigns by advocacy groups targeting DOJ attorneys for simply carrying out their official duties. Radical groups have collectively filed more than 90 complaints to shame attorneys and deter legal talent from working for the Department. It’s a problem on both sides of the aisle, with former Attorneys General Eric Holder and Bill Barr, special counsel Jack Smith, and Justice Brett Kavanaugh, all facing politically tinged complaints.
The coalition supports the proposed rule that would give DOJ's Office of Professional Responsibility (OPR) the right of first review over bar complaints filed against Department attorneys before state bar proceedings move forward. The rule will not eliminate state bar oversight. State bars would retain full authority to investigate and impose sanctions once OPR completes its review, and OPR would be required to disclose its findings.
Alabama, Florida, Indiana, Iowa, Kentucky, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, and Texas joined the West Virginia-led letter.
Read the letter here.
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