Congress Must Block DOJ Efforts To Stall Bar Discipline Of Its Attorneys

CONGRESS MUST PREVENT THE JUSTICE DEPARTMENT FROM DELAYING INDEPENDENT ETHICS INVESTIGATIONS As your constituent, I urge you to oppose the Department of Justice proposal that would allow the Attorney General to ask state bar authorities to pause disciplinary investigations of DOJ attorneys while the Department reviews those allegations internally. Allowing a federal agency to delay independent ethics investigations of its own lawyers raises serious rule-of-law concerns and risks weakening public confidence in the fairness and integrity of the justice system. CONGRESS HAS ALREADY REQUIRED FEDERAL LAWYERS TO FOLLOW STATE ETHICS RULES Congress addressed this issue directly through the McDade Amendment (28 U.S.C. §530B), which requires federal government attorneys to comply with the same state laws and professional conduct rules that govern every other lawyer practicing in those jurisdictions. Congress enacted this statute specifically to ensure that federal prosecutors remain subject to independent state bar oversight when they appear before courts governed by those ethical standards. Weakening or delaying that oversight would undermine the statutory framework Congress deliberately created to protect the integrity of the legal profession. THE DOJ PROPOSED RULE CONFIRMS THAT STATE BAR INVESTIGATIONS COULD BE DELAYED The Department’s proposal appears in a Department of Justice proposed rule published for public inspection in the Federal Register, which describes a process allowing the Attorney General to review misconduct allegations against DOJ attorneys and request that state disciplinary authorities pause their investigations. The proposal explains that the Attorney General may request that a state disciplinary authority “defer its investigation pending completion of the Department’s review.” Allowing a federal agency to delay independent ethics investigations into its own attorneys raises significant concerns about independence and accountability. REPORTING IN THE NEW YORK TIMES UNDERSCORES THE POLICY’S CONSEQUENCES As reported in “Trump Justice Dept. Seeks to Stall State Bar Discipline of Its Lawyers,” The New York Times, March 4, 2026, the Department is seeking authority that would allow it to intervene when bar associations begin disciplinary investigations of federal attorneys. Allowing federal agencies to delay outside disciplinary investigations creates the appearance that government lawyers may receive protections unavailable to other members of the legal profession. CONGRESS MUST DEFEND PUBLIC TRUST IN THE JUSTICE SYSTEM Public confidence in federal prosecutions depends on the assurance that government lawyers are subject to the same independent ethical oversight as every other attorney. Allowing federal agencies to delay state disciplinary investigations would create a troubling precedent in which government lawyers receive protections unavailable to the rest of the legal profession. Congress enacted the statute governing federal attorney ethics and retains clear oversight authority over the Department of Justice. CONGRESS SHOULD TAKE IMMEDIATE OVERSIGHT ACTION I urge you to take the following steps: (1) Publicly oppose the proposed DOJ rule allowing the Attorney General to request suspension of state bar disciplinary investigations. (2) Conduct oversight hearings examining the legal basis and potential consequences of this proposal. (3) Affirm through legislation, if necessary, that federal government lawyers remain fully subject to independent state bar oversight as required by federal law. Thank you.