As President Donald Trump embarks on his promised campaign of “retribution” against his political enemies, there’s little reason to hope that the leadership of the Justice Department will curb his worst impulses — just consider the specious dismissal of the case against New York Mayor Eric Adams.
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But those willing to do the president’s bidding might have forgotten one important protection built into the justice system: Lawyers are governed by ethical rules regulated by state bar associations and state courts. And those authorities can and do discipline — and even disbar — lawyers who order, assist or engage in unlawful conduct.
Though state authorities have historically been reluctant to police the conduct of federal prosecutors, they now will have no choice but to shed that reluctance and show the kind of courage they did after the 2020 elections. Then, disciplinary authorities in New York, California and the District of Columbia sought to suspend and even disbar not only such high-profile private lawyers as Rudy Giuliani and John Eastman, but also then-Assistant Attorney General Jeffrey Clark, for engaging in dishonesty or undermining the administration of justice.
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Over the next four years, state authorities nationwide must be prepared to respond aggressively to any ethics complaints that might be filed against Justice Department prosecutors at all levels — from line prosecutors to supervisors to U.S. attorneys to the most senior department officials.
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The ethics rules in force in most states specifically prohibit prosecutors from pursuing criminal charges that they know are not supported by probable cause. Prosecutors who make false statements in court papers, such as in an application for a search warrant or arrest warrant, are subject to discipline. Prosecutors who maliciously pursue unsubstantiated charges will run afoul of rules that prohibit conduct prejudicial to the administration of justice, including the pursuit of claims that have no substantial purpose other than to embarrass or harass. Prosecutors have a duty of candor to the court that they must honor or risk sanction. And prosecutors who previously represented clients in private practice are obliged to recuse themselves from decisions affecting those clients when there is a conflict of interest between those clients and the department.
https://www.washingtonpost.com/opinions/2025/02/26/justice-prosecutors-trump-enemies-states/
Make sense of the latest news and debates with our daily newsletter
But those willing to do the president’s bidding might have forgotten one important protection built into the justice system: Lawyers are governed by ethical rules regulated by state bar associations and state courts. And those authorities can and do discipline — and even disbar — lawyers who order, assist or engage in unlawful conduct.
Though state authorities have historically been reluctant to police the conduct of federal prosecutors, they now will have no choice but to shed that reluctance and show the kind of courage they did after the 2020 elections. Then, disciplinary authorities in New York, California and the District of Columbia sought to suspend and even disbar not only such high-profile private lawyers as Rudy Giuliani and John Eastman, but also then-Assistant Attorney General Jeffrey Clark, for engaging in dishonesty or undermining the administration of justice.
Advertisement
Over the next four years, state authorities nationwide must be prepared to respond aggressively to any ethics complaints that might be filed against Justice Department prosecutors at all levels — from line prosecutors to supervisors to U.S. attorneys to the most senior department officials.
🎤
Follow Opinions on the news
The ethics rules in force in most states specifically prohibit prosecutors from pursuing criminal charges that they know are not supported by probable cause. Prosecutors who make false statements in court papers, such as in an application for a search warrant or arrest warrant, are subject to discipline. Prosecutors who maliciously pursue unsubstantiated charges will run afoul of rules that prohibit conduct prejudicial to the administration of justice, including the pursuit of claims that have no substantial purpose other than to embarrass or harass. Prosecutors have a duty of candor to the court that they must honor or risk sanction. And prosecutors who previously represented clients in private practice are obliged to recuse themselves from decisions affecting those clients when there is a conflict of interest between those clients and the department.
https://www.washingtonpost.com/opinions/2025/02/26/justice-prosecutors-trump-enemies-states/
