1. United States
2. Calif.
3. Letter

I urge you to oppose the Department of Justice's proposed rule (Docket No. OAG199) that would allow the Attorney General to block state bar disciplinary authorities from investigating federal attorneys. This rule undermines the very principle that lawyers representing the United States should be held to the highest standards of ethics and professionalism. Congress enacted the McDade Amendment in 1998 specifically to subject Department attorneys to state ethics rules to the same extent as other attorneys in those states. For 25 years, this system has worked through cooperation between the Office of Professional Responsibility and state bars. The proposed rule fundamentally alters this balance by giving the Attorney General authority to prevent state bars from undertaking investigative steps and directing Department attorneys not to provide information to parallel investigations. The Department justifies this change by claiming political activists have weaponized bar complaints against senior officials and career attorneys. However, the appropriate response to frivolous complaints is not to shield all federal attorneys from independent oversight. State bars already have mechanisms to dismiss baseless allegations. What this rule actually creates is a system where the Attorney General can unilaterally decide which complaints merit investigation and which do not. The Department claims authority under 28 U.S.C. 530B(b) to establish this enforcement mechanism, but the statute requires rules that apply "to the same extent and in the same manner" as to other attorneys. Allowing federal attorneys to avoid state bar investigations while private attorneys face them directly violates this standard. The Department's interpretation would effectively nullify the McDade Amendment's core purpose. Independent oversight is essential for public trust in federal law enforcement. When Department attorneys exercise extraordinary powers on behalf of the government, they must face the same professional accountability as every other lawyer. I ask you to submit comments opposing this rule by the April 6, 2026 deadline at regulations.gov under Docket No. OAG199, and to use your oversight authority to ensure the Department maintains its commitment to the highest ethical standards.