MEMORANDUM FOR THE ATTORNEY GENERAL
THE SECRETARY OF HOMELAND SECURITY
SUBJECT: Stopping Abuses of the Authorized System and the Federal Court docket
Attorneys and legislation corporations that interact in actions that violate the legal guidelines of the US or guidelines governing lawyer conduct have to be effectively and successfully held accountable. Accountability is particularly essential when misconduct by attorneys and legislation corporations threatens our nationwide safety, homeland safety, public security, or election integrity.
Latest examples of grossly unethical misconduct are far too frequent. As an example, in 2016, Marc Elias, founder and chair of Elias Legislation Group LLP, was deeply concerned within the creation of a false “file” by a international nationwide designed to supply a fraudulent foundation for Federal legislation enforcement to analyze a Presidential candidate as a way to alter the end result of the Presidential election. Elias additionally deliberately sought to hide the function of his shopper — failed Presidential candidate Hillary Clinton — within the file.
The immigration system — the place rampant fraud and meritless claims have supplanted the constitutional and lawful bases upon which the President workout routines core powers below Article II of the US Structure — is likewise replete with examples of unscrupulous conduct by attorneys and legislation corporations. As an example, the immigration bar, and highly effective Huge Legislation professional bono practices, often coach shoppers to hide their previous or lie about their circumstances when asserting their asylum claims, all in an try to avoid immigration insurance policies enacted to guard our nationwide safety and deceive the immigration authorities and courts into granting them undeserved aid. Gathering the mandatory info to refute these fraudulent claims imposes an unlimited burden on the Federal Authorities. And this fraud in flip undermines the integrity of our immigration legal guidelines and the authorized occupation extra broadly — to say nothing of the plain, tragic penalties of the ensuing mass unlawful immigration, whether or not by way of heinous crimes in opposition to harmless victims like Laken Riley, Jocelyn Nungaray, or Rachel Morin, or the big drain on taxpayer assets meant for Individuals.
Federal Rule of Civil Process 11 prohibits attorneys from participating in sure unethical conduct in Federal courts. Attorneys should not current authorized filings “for improper goal[s],” together with “to harass, trigger pointless delay, or needlessly enhance the price of litigation.” FRCP 11(b)(1). Attorneys should be sure that authorized arguments are “warranted by present legislation or by a nonfrivolous argument for extending, modifying, or reversing present legislation or for establishing new legislation.” FRCP 11(b)(2). And attorneys should be sure that their statements about info are “moderately primarily based” on evidentiary assist, or a perception that such proof really exists. FRCP 11(b)(3)-(b)(4). When these instructions are violated, opposing events are approved to file a movement for sanctions. FRCP 11(c). The textual content of the rule particularly addresses and supplies for sanctions for attorneys and their corporations in addition to for recalcitrant events given the solemn obligation that attorneys should respect the rule of legislation and uphold our Nation’s authorized system with integrity. Moreover, Rule 3.1 of the Mannequin Guidelines of Skilled Conduct supplies that, “A lawyer shall not carry or defend a continuing, or assert or controvert a problem therein, except there’s a foundation in legislation and truth for doing so that’s not frivolous, which features a good religion argument for an extension, modification or reversal of present legislation.”
Sadly, far too many attorneys and legislation corporations have lengthy ignored these necessities when litigating in opposition to the Federal Authorities or in pursuing baseless partisan assaults. To deal with these considerations, I hereby direct the Lawyer Common to hunt sanctions in opposition to attorneys and legislation corporations who interact in frivolous, unreasonable, and vexatious litigation in opposition to the US or in issues earlier than govt departments and businesses of the US.
I additional direct the Lawyer Common and the Secretary of Homeland Safety to prioritize enforcement of their respective rules governing lawyer conduct and self-discipline. See, e.g., 8 C.F.R. 292.1 et seq.; 8 C.F.R. 1003.101 et seq.; 8 C.F.R. 1292.19.
I additional direct the Lawyer Common to take all acceptable motion to refer for disciplinary motion any lawyer whose conduct in Federal court docket or earlier than any part of the Federal Authorities seems to violate skilled conduct guidelines, together with guidelines governing meritorious claims and contentions, and significantly in instances that implicate nationwide safety, homeland safety, public security, or election integrity. In complying with this directive, the Lawyer Common shall think about the moral duties that legislation companions have when supervising junior attorneys, together with imputing the moral misconduct of junior attorneys to companions or the legislation agency when acceptable.
I additional direct that, when the Lawyer Common determines that conduct by an lawyer or legislation agency in litigation in opposition to the Federal Authorities warrants searching for sanctions or different disciplinary motion, the Lawyer Common shall, in session with any related senior govt official, advocate to the President, by means of the Assistant to the President for Home Coverage, further steps that could be taken, together with reassessment of safety clearances held by the lawyer or termination of any Federal contract for which the related lawyer or legislation agency has been employed to carry out providers.
I additional direct the Lawyer Common, in session with any related senior govt official, to evaluate conduct by attorneys or their legislation corporations in litigation in opposition to the Federal Authorities during the last 8 years. If the Lawyer Common identifies misconduct which will warrant further motion, reminiscent of submitting frivolous litigation or participating in fraudulent practices, the Lawyer Common is directed to advocate to the President, by means of the Assistant to the President for Home Coverage, further steps that could be taken, together with reassessment of safety clearances held by the lawyer, termination of any contract for which the related lawyer or legislation agency has been employed to carry out providers, or some other acceptable actions.
Legislation corporations and particular person attorneys have an awesome energy, and obligation, to serve the rule of legislation, justice, and order. The Lawyer Common, alongside the Counsel to the President, shall report back to the President periodically on enhancements by corporations to seize this hopeful imaginative and prescient.
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