TACKLING ATTORNEY MISCONDUCT: In a significant move today, President Donald J. Trump has signed a memorandum aimed at holding lawyers and law firms accountable for unethical practices when contesting the Federal government or launching unfounded partisan attacks. This memorandum directs the Attorney General to:
- Focus on pursuing sanctions against attorneys and law firms involved in frivolous, unreasonable, or vexatious litigation against the United States.
- Enhance the enforcement of regulations governing attorney conduct and discipline, extending this directive to the Secretary of Homeland Security as well.
- Refer attorneys and law firms for disciplinary measures when their actions in Federal court or before any Federal government entity seem to breach professional conduct codes.
- Suggest additional repercussions, such as reevaluating security clearances or terminating federal contracts, for attorneys and law firms that engage in behavior warranting sanctions or other forms of discipline.
- Assess attorney and law firm conduct over the past eight years in cases against the Federal government and recommend further actions if misconduct is discovered.
PROTECTING THE INTEGRITY OF LEGAL SYSTEMS AND FEDERAL COURTS: President Trump asserts that it is essential for lawyers and law firms to be held accountable for illegal or unethical actions, particularly when such misconduct poses risks to national security, public safety, or the integrity of elections.
- Notable instances of unethical behavior, such as Marc Elias’ alleged role in compiling a misleading “dossier” to disrupt the 2016 presidential election, have become alarmingly frequent within legal circles.
- The immigration sector is similarly plagued by unscrupulous practices among attorneys and law firms that compromise immigration enforcement.
- High-profile legal practices often coach clients to obscure their histories or fabricate circumstances while seeking asylum.
- Fact-checking these fraudulent asylum claims places a considerable strain on the Federal government, thereby compromising the integrity of immigration laws.
- According to Federal Rule of Civil Procedure 11, attorneys are prohibited from engaging in unethical actions, such as filing groundless claims, presenting arguments lacking legal basis, or making unsupported factual assertions. Federal regulations outline similar standards for attorney conduct, especially concerning immigration proceedings.
- Frivolous lawsuits, bad-faith arguments, and blatant factual misrepresentations not only burden the court system but also squander taxpayer resources.
- Lawyers and firms engaging in unethical behavior often escape accountability—this memorandum aims to rectify that oversight.
A COMMITMENT TO ACCOUNTABILITY: With this memorandum, President Trump is reaffirming his commitment to dismantling the politicization of government and shielding the nation from those who exploit their positions for partisan gain.
- This directive aligns with President Trump’s broader goal of reorienting government functions to better serve American citizens.
- It builds on prior actions, such as an Executive Order signed on his first day in office, aimed at ending the misuse of Federal power and ensuring accountability for past transgressions.
- It follows his decision to revoke the security clearances of intelligence officials who falsely labeled Hunter Biden’s laptop as Russian disinformation during the 2020 election cycle.
- President Trump has also taken steps to hold major law firms accountable, including Covington & Burling, Paul Weiss, and Perkins Coie.