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Legal minds across the political spectrum are admonishing an Obama-appointed federal judge for suggesting that bar associations should look into sanctioning lawyers working for the president or the Justice Department, with one liberal constitutional law professor refusing to teach his students that such a move is acceptable.
U.S. District Judge Kathleen Williams formally referred Trump attorney Alejandro Brito to the Florida Bar in an opinion released Monday and ordered the ruling sent to authorities considering existing disciplinary complaints involving Acting Attorney General Todd Blanche and Associate Attorney General Stanley Woodward. The disciplinary actions stem from Williams’s ruling in a case involving a settlement that shielded Trump, members of his family and affiliated businesses from certain federal tax audits and claims.
Bar associations have the ability to suspend the law licenses of individuals practicing law in their jurisdictions, giving them significant power over the ability of lawyers — including powerful DOJ officials — to do their work.
"The court would also have litigants believe that, in such a circumstance, it is not only appropriate to dismiss the case but also to sanction and deprive litigants and their counsel of their reputation, license, or money," constitutional law professor Christian Lee Gonzalez-Rivera, who identifies as a liberal, told Fox News Digital. "As a law professor, attorney and former judicial law clerk, I refuse to teach the former or accept the latter."
The existing complaint against Blanche alleges that he mishandled evidence linked to the investigation into Jeffrey Epstein, used the DOJ to attack Trump’s personal enemies and failed to properly represent the interests of the United States during the negotiations that led to the creation of the now-defunct $1.8 billion weaponization compensation fund.
Woodward, meanwhile, faces a bar complaint alleging that his approval of the creation of the weaponization fund constituted a conflict of interest as he had previously represented Jan. 6 defendants and Trump associates who could potentially benefit from it.
Gonzalez-Rivera, who teaches law at a Catholic university in Florida, said that the judge's order "effectively sanctions the bringing of debatable, if losing, arguments in high-stakes first impression cases," arguing that it would have been ridiculous if judges recommended professional punishments for lawyers who were on the losing sides of other high-profile, historical court cases.
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Jeffrey Clark, a former DOJ official now serving as the vice president of litigation at a right-wing watchdog group, cautioned that Williams’s order — if allowed to become the norm — could seriously damage the legal profession by empowering a small number of bar association insiders.
"This nonsense has to end. The State and local bars are not the superior officers of or the equivalent of a school-marmish national Principal's Office that sits in supervision of two highest-ranking leaders of the Justice Department," he wrote on Monday.
"If this trend continues, no future Republican lawyer is going to agree to enter the U.S. Justice Department to carry out the President's law enforcement orders as the Constitution intended," Clark continued. "Power will instead be monopolized and moved only to the Left … The Framers would be shocked to learn that the real boss of Executive Branch legal power is not the singular President of the United States, but instead committees of insular coastal elite lawyers purporting to wield the meta-power of legal ethics."
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Clark has also faced disciplinary proceedings in Washington, D.C., where a disciplinary board recommended he be disbarred over his role in a proposed DOJ letter to Georgia officials after the 2020 election — allegations he has denied and cast as politically motivated.
"DOJ has the power to put an end to this nonsense by issuing regulations preempting state/local bar weaponization," he added.
While Williams ordered the clerk to forward her opinion to disciplinary authorities reviewing existing complaints involving Blanche and Woodward, she formally referred Brito to the Florida Bar after finding that he advanced the case in "bad faith."
Williams said Trump's lawsuit surrounding his tax immunity settlement was used to give judicial legitimacy to a legally baseless settlement; she flagged conflict concerns involving Blanche and Woodward’s prior clients and ordered the opinion sent to their bars, while formally referring Brito to the Florida Bar because he signed the complaint that launched the case.
"I find it absurd that federal judges continue to attack DOJ lawyers, to include and especially Acting Attorney General Todd Blanche, with roots in nothing more than the political viewpoints of those supposed unbiased judges," Jay Town, the former United States Attorney for the Northern District of Alabama, told Fox News Digital.
Williams was appointed to the bench in 2011 by President Barack Obama. She previously issued a ruling against "Alligator Alcatraz," a detention center operated by the state of Florida to house illegal immigrants awaiting deportation, but was overruled by the 11th Circuit Court of Appeals.
"On the bright side, this and the likely more orders like this one we may see out of other district courts nationwide ... may nevertheless present higher courts — perhaps our highest one, too — with a chance to revisit judge-made doctrines like justiciability, which increasingly show their ability to be weaponized not only from outside but also from within the judiciary itself," Gonzalez-Rivera told Fox News Digital.
Conservative lawyer Mike Davis has called on the 11th Circuit Court of Appeals to overrule Williams’s ruling in this case.
"The federal Judge in Florida clearly strategically timed her referral of Acting Attorney General Todd Blanche to the New York Bar to come just before his confirmation hearing to be elevated to the Attorney General's Office," Clark told Fox News Digital. "This is flatly unconscionable non-judicial conduct."
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