Progressive activists are warning conservative election attorneys to avoid getting involved in litigation over the 2024 election or they will have their jobs threatened, will be targeted for disbarment, and even prosecuted. Many attorneys who assisted with litigation over the disputed 2020 presidential election, such as Donald Trump’s former attorney and constitutional legal scholar John Eastman, underwent disciplinary proceedings and prosecution.
The New York Times published an op-ed a few days ago by law professor Kate Shaw (pictured above, left) warning attorneys not to represent Trump in election litigation. She said, “Lawyers cannot, consistent with their ethical obligations, participate in devising litigation that is retrofitted to support the position Mr. Trump seems to hold — that the only ‘real’ Americans are those who cast their ballots for him and that those who vote against him are by definition engaging in fraud.”
She provided instructions on how to punish these attorneys. “Attorneys at prominent law firms should already know that they cannot defensibly assist in Mr. Trump’s specious efforts. If they waver, their corporate clients should make clear they do not want their attorneys associating with a candidate who has already told us he will not respect the will of the voters if they do not choose him.”
Marc Elias, the controversial election fraud denying progressive election attorney who intervenes in election lawsuits and files bar complaints against conservative election attorneys, posted the article on X, calling it a “must read.”
A must read by @kateashaw1👇
"There are limits to what law can do to deliver the country from Trumpism. But in a close election, it is critical that members of the bar refuse to deploy the law in service of Mr. Trump’s efforts to win at all costs." https://t.co/STFYRJzn3Y
— Marc E. Elias (@marceelias) October 13, 2024
Elias (pictured here) regularly talks about targeting conservative election attorneys. He said during a video posted to his YouTube channel in June, “Frankly, I’ve been [disappointed] to see how slowly that process has moved, how slowly, frankly, the criminal cases have also moved. But it is heartening to see that in many places, the bar associations are catching up. They have started taking action, and that in time for 2024 they are sending a clear message that they will not tolerate the kind of anti-democracy actions, the kind of attacks on the American electoral system that we saw lawyers facilitate in 2020. … Without those lawyers, Donald Trump [would not have] gotten as far as he did in trying to subvert the election results.”
A few days ago, The 65 Project, whose name comes from targeting conservative election attorneys involved in 65 cases over the 2020 election, launched an ad blitz in battleground states threatening attorneys with bar complaints if they assist Republicans with election litigation.
In an article titled “The 65 Project Warns Aspirant Big Lie Lawyers: Don’t Lose Your Law License for Trump,” the group said regarding the ad effort, “It will be targeted to be directly seen by current and potential Big Lie Lawyers and conservative law firms.”
“Across the country, lawyers who lent their credibility as officers of the court to Donald Trump to file factually and legally baseless claims to overturn legitimate election results have been investigated by state bar associations, been fined, had their licenses suspended, and even disbarred,” said The 65 Project Managing Director Michael Teter. “We have filed 86 bar complaints to date and are reminding lawyers that we — and the public — will be watching them.”
David Brock, who has served in various capacities for The 65 Project, said during an interview that the purpose of the organization isn’t just to disbar attorneys, but to also “shame them and make them toxic in their communities and in their firms. … You’re threatening their livelihood.”
Joel Pollak, a senior editor with Breitbart, argued on X that the Soros-backed 65 Project should be sued over its threats, with bar complaints filed against the attorneys there. He said the threats violate the Sixth Amendment.
The “65 Project,” which targets Trump attorneys for abuse, is now threatening any POTENTIAL Trump lawyers with losing their law licenses if they work for him. This is worthy of a lawsuit in itself, as well as a Bar complaint, and it’s arguably a violation of the Sixth Amendment. pic.twitter.com/lucuWGX8Io
— Joel Pollak (@joelpollak) October 11, 2024
The Sixth Amendment guarantees criminal defendants the right to an attorney. Conservatives prosecuted over the 2020 election have found difficulty finding adequate attorneys to represent themselves due to attorneys’ fear of retaliation.
An account identifying as “Gerard the lawyer” responded and said the threat likely violates California’s Tom Banes Civil Rights Act. “The Bane Act provides a private right of action for damages against any person who ‘interferes,’ or ‘attempts to interfere by threat, intimidation, or coercion,’ with the exercise or enjoyment of a constitutional or other right under California or federal law,” he said.
Another account called Loxx added that it might violate 18 U.S.C. 241, Conspiracy Against Rights. The law was passed in response to the Ku Klux Klan conspiring to stop blacks from voting after the Civil War. The law was used to convict a man last year accused of posting humorous memes on social media telling Hillary Clinton voters they could text their votes. Special Counsel Jack Smith charged Trump with violating the law due to Trump’s concerns about election wrongdoing in 2020.
A prominent conservative who goes anonymously on X as Amuse, posted an article in May titled “LAWFARE: Will there be any Republican Lawyers Left to Ensure Election Integrity in November?” He listed all of the attorneys and officials who have been targeted by the left over the 2020 election, and has continued to update it since. There are 74 attorneys who have been targeted for disbarment by The 65 Project, including 15 Republican attorneys general.
Citizens for Responsibility and Ethics in Washington (CREW) is also going after conservative attorneys. Its mission statement asserts, “CREW aims to counterbalance the conservative legal watchdog groups that made such a strong impact over the past decade.” Two attorneys CREW has targeted for their work assisting Trump with the 2020 election irregularities are former Trump DOJ officials Jeffrey Clark and Stephen Miller. Clark is fighting a two-year suspension recommendation and prosecution.
Lawyers Defending American Democracy (LDAD) is also filing bar complaints against conservative attorneys. Clark said on X that LDAD is “trying to be a junior 65 Project generally.” LDAD’s mission statement includes “Demanding accountability from lawyers and public officials.” It has filed numerous bar complaints against conservative election attorneys, including Kurt Olsen, who represented Kari Lake in her 2022 election lawsuits.
LDAD published a lengthy memo earlier this year urging state bars to conduct partisan investigations into conservative election attorneys. “[E]thics investigations of lawyers like John Eastman, Jeffrey Clark, and Kenneth Paxton are at the heart of what state bars can and should do…” Texas Attorney General Ken Paxton is embroiled in bar disciplinary proceedings.
Similarly, Democratic officials are threatening county election officials with prosecution if they take any action to deal with election wrongdoing such as delaying certification. In Pennsylvania, State Attorney General Michelle Henry, in an October 3 letter, warned Luzerne County Manager Romilda Crocamo, a Democrat appointed by the Republican-majority county council, that only the county elections board could decide whether to deploy drop boxes under state law, and if Crocamo failed to comply, she could face criminal misdemeanor charges punishable by fines and up to a year in prison.
The criminal division of the Wisconsin Justice Department is investigating Wausau Mayor Doug Diny for removing a locked, empty drop box from outside City Hall in September since he did not believe it was secure.
In contrast to Republican attorneys targeted by progressives, Hunter Biden has been convicted of felonies, but still has his law license.
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Rachel Alexander is a reporter at The Arizona Sun Times and The Star News Network. Follow Rachel on Twitter / X. Email tips to [email protected].
Photo “Kate Shaw” by University of Pennsylvania and “Donald Trump” is by Donald Trump.
