DOJ Proposes Rule Letting Attorney General Block State Ethics Investigations
The Department of Justice proposed a rule on March 5 that would let the attorney general step into state bar investigations of federal prosecutors and potentially delay them. The proposal has drawn criticism from attorneys general and former prosecutors across the country.
The Department of Justice wants new power to interfere with state ethics investigations of its own lawyers. The proposed rule would flip the DOJ's long-standing cooperative relationship with state bar associations on its head.
Currently, state bars can investigate federal prosecutors for ethics violations independently. The new rule would let the attorney general step in and potentially delay these investigations.
The proposal comes after several high-profile ethics problems involving DOJ attorneys. Recent cases include disciplinary charges against DOJ official Ed Martin and scrutiny around Lindsey Halligan's conduct. The department has also lost many of its internal oversight staff.
Critics say the rule would weaken one of the last independent checks on government lawyers. The Brennan Center for Justice and American Oversight have both raised concerns about shielding DOJ attorneys from accountability.
Attorneys general from multiple states and former federal prosecutors have submitted comments opposing the proposal during the public comment period.
State bar associations are one of the few independent ways to hold government lawyers accountable for misconduct. If the DOJ can block these investigations, it could be harder to catch and punish federal prosecutors who break ethics rules.
The DOJ will review public comments before finalizing the rule. No timeline has been announced.
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