Stick It

The endless efforts of Jeffrey Clark to delay, obfuscate and muddy the efforts to hold him accountable by a hearing on the merits continue with a filing yesterday to dismiss disciplinary charges “on grounds of inconsistent theories or, alternatively, to require the Office of Disciplinary Counsel (“ODC”) to pick one theory and stick to it.”

The pleading calls each of three purported theories as “crawfish.”

The record in this case shows that ODC has repeatedly crawfished on the exact formulation of its case against Mr. Clark. So far, three different versions have been asserted. Laying to one side that none of them make a lick of sense (especially in light of constitutional law), it is fundamentally unlawful and unfair in a quasicriminal proceeding like this one for the prosecuting authority to be able to change their story whenever and however it thinks expedient. See In re Ruffalo, 390 U.S. 544, 551 (1968) (noting quasi-criminal nature of a federal disbarment proceeding in parallel to a state disbarment). How ODC has proceeded should lead to the prompt dismissal of this case. But at the very least, ODC should be required to pick one story and stick to it, and not allowed to repeatedly move the goal posts around like it has been doing.

Prayer for relief

If not withdrawn or dismissed, the Chairman should alternatively order ODC to pick a story and stick to it. It is far too late in this proceeding to permit ODC to further evolve its story into a Crawfish No. 3, and ODC should be explicitly prohibited from doing so, if the better path is not taken and the hearing in this matter is not taken off calendar with an order to ODC that it stop pursuing this frivolous case built on ever-shifting sands.

The pleading is notably bereft of any District of Columbia disciplinary case law for the relief sought for the understandable reason that there is none.

He also filed a pleading stating his “non consent” to the scheduled January 2024 hearing date.

His consent is not required. 

Today’s laughs can be accessed here. (Mike Frisch)