Attorneys Persecuting Trump’s Political Enemies Risk Disbarment

Mar 27, 2025 10:55 PM EDT, Thu

‘Prosecute’ vs. ‘Persecute’ – Merriam-Webster

“One you do in court, the other you do if you’re a jerk.”

Opinion / DOJ prosecutors face risks in pursuing Trump enemies - The Washington Post

State bar associations and courts can discipline — and even disbar — lawyers for unlawful conduct.

February 26, 2025

Prosecutors seeking ‘retribution’ for Trump can be disbarred State bar associations and courts can discipline — and even disbar — lawyers for unlawful conduct.

Bruce E. Yannett, a former assistant U.S. attorney for the District of Columbia, is a criminal defense attorney in New York.

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 MayorEric Adams.

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.

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.

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.

Based on statements by Trump and his supporters, it will not be surprising if at least some of the president’s perceived political foes — including Rep. Nancy Pelosi, Senate Minority Leader Charles E. Schumer and former special counsel Jack Smith, among others — are targeted in the District of Columbia, where their supposed misdeeds occurred. But Attorney General Pam Bondi and her team should be aware that the District has set uniquely high standards for prosecutors. They will face discipline if they “invidiously discriminate” in their decisions about whom to investigate or prosecute. They can face a similar fate if they go to trial on charges they know are not supported by sufficient evidence of guilt. The D.C. ethics rules are clear: “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate.”

Investigating and prosecuting current and former members of Congress, prosecutors, FBI agents, judges, members of the media and others without legitimate and credible evidence of criminal conduct for the purpose of political “retribution” will expose every lawyer at Justice who participates in such abuses to the potential loss of their license to practice law. Federal prosecutors, whether career lawyers or political appointees, must be prepared to follow the recent examples set by the courageous prosecutors in New York and Washington by refusing instructions from a superior to engage in unethical or unlawful conduct and resigning from their positions. They will be wise to remember Bondi’s words at her Senate confirmation hearing: “None of us are above the law.”

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