Ranking Member Raskin Slams DOJ Proposal to Immunize DOJ Attorneys from State Bar Rules

Washington, D.C. (April 2, 2026)—Today, Rep. Jamie Raskin, Ranking Member of the House Judiciary Committee, submitted a formal regulatory comment to the Department of Justice (DOJ) opposing the Trump Administration’s Proposed Rule, “Review of State Bar Complaints and Allegations Against Department of Justice Attorneys,” warning that the proposal would unlawfully interfere with state authority over attorney discipline and shield federal lawyers from accountability for professional misconduct.

The Proposed Rule would allow DOJ to review allegations against its current and former attorneys before state bar authorities can initiate investigative steps requiring participation from DOJ lawyers. This unfettered assertion of executive power would effectively enable the Justice Department to delay indefinitely state bar disciplinary proceedings across all 50 states, Puerto Rico, and the District of Columbia, undermining the longstanding system of independent state oversight of the legal profession.

“Plainly designed to shield you and your lawyers from accountability all over America for your serial egregious acts of professional misconduct in and out of court, this astonishing Proposed Rule is profoundly unprincipled and dangerous and almost certainly unlawful for reasons you should quickly understand and that I hope you will internalize,” wrote Ranking Member Raskin. 

The proposal comes amid intensifying alarm over DOJ attorneys’ conduct in court, with judges repeatedly castigating the Trump Administration for defying court orders and making dubious legal and factual claims. According to one independent study, judges have slammed the Administration’s noncompliance with judicial orders in no fewer than 34 cases and expressed skepticism about DOJ’s representations in 90 cases. DOJ itself admitted after a court-ordered review that it had “accidentally” violated more than 50 judicial orders in a single district court in New Jersey over a two-month period in cases involving immigrants challenging their detentions.

This pattern reflects not isolated errors but a broader disregard for the judiciary, reportedly encouraged by senior officials and accompanied by allegations that DOJ leadership has pressured attorneys to violate basic ethical obligations. Rather than addressing this crisis, the Proposed Rule would insulate DOJ lawyers from consequences and further erode confidence in the Department’s commitment to the rule of law.

The proposal also undermines longstanding Supreme Court precedent and federal law, including the McDade Amendment, which requires DOJ attorneys to follow state professional conduct rules. By allowing federal officials to delay indefinitely state disciplinary processes, the Proposed Rule would undermine Congress’s clear intent to prevent federal prosecutorial misconduct by ensuring federal prosecutors are subject to independent oversight by state authorities like every other practicing attorney.

Ranking Member Raskin urges DOJ to withdraw the Proposed Rule to make certain DOJ attorneys remain subject to independent state bar oversight, which ensures accountability, protects the integrity of the legal profession, and upholds the rule of law.

Click here to read the comment.