Halligan
(Photo
by
Al
Drago/Getty
Images)
The
Department
of
Justice
just
dropped
a
proposed
regulation
to
grant
Attorney
General
Pam
Bondi
unilateral
authority
to
block
state
bar
ethics
investigations
into
current
and
former
government
lawyers.
Bondi’s
pitch
to
become
God-Empress
of
Ethics
lacked
that
certain
“coherent
legal
argument”
energy
one
would
expect
from
proposed
rulemaking.
But,
like
a
lot
of
this
Justice
Department’s
shenanigans,
the
rule
wasn’t
really
intended
to
hold
up
under
scrutiny,
it
just
needed
to
assert
a
big,
splashy
threat
that
might
silence
anyone
who
doesn’t
want
to
have
a
protracted
fight
with
the
Department
of
Justice.
If
it
worked
for
Paul
Weiss,
it
can
definitely
work
for
some
underfunded
state
disciplinary
committee!
The
last
remaining
check
on
DOJ
misconduct,
I’ve
argued,
is
the
fear
that
a
state
licensing
authority
will
look
at
their
ethical
violations
and
prevent
them
from
seamlessly
transitioning
back
to
private
practice.
Criminal
accountability
is
impossible
between
sovereign
immunity
and
blanket
pardons
and
the
DOJ
gutted
its
own
Office
of
Professional
Responsibility.
Contempt
powers
are
met
with
DOJ
declaring
“war”
on
judges.
Four
years
running
roughshod
over
the
rule
of
law
like
an
unchained
Professional
Responsibility
exam
hypo
followed
by
a
low-impact
gig
on
Biglaw
letterhead
makes
for
a
nice
little
career
arc.
Bar
discipline
is
the
only
monkeywrench
left
to
jam
in
the
revolving
door.
Apparently
the
DOJ
read
my
column
and
the
response
was:
“Oh
yeah?
What
if
we
just…
make
that
illegal
too?”
But
why
rush
this
undercooked
rule
proposal
out
the
door
this
week?
It
turns
out,
one
state
might
have
lit
a
fire
under
Bondi’s
ass
by
exhibiting
some
zeal
for
enforcing
the
goddamned
rules
around
here.
Lindsey
Halligan,
the
insurance
lawyer
turned
Trump
revenge
prosecutor
whose
brief,
catastrophic
tenure
as
the
not-really-interim
U.S.
Attorney
for
the
Eastern
District
of
Virginia
generated
brutal
judicial
benchslaps
and
botched
prosecutions,
appears
to
be
facing
a
disciplinary
inquiry
in
Florida.
First
reported
by
the
New
York
Times,
a
letter
from
the
Florida
Bar
to
the
Campaign
for
Accountability
—
who
raised
Halligan’s
specific
possible
ethical
breaches
with
both
Florida
and
Virginia
regulators
—
confirmed
an
ongoing
investigation:
Thank
you
for
your
recent
correspondence.
We
are
aware
of
these
developments
and
have
been
monitoring
them
closely.
We
already
have
an
investigation
pending.
Well,
well,
well…
if
it
isn’t
the
consequences
of
her
own
actions.
The
CfA’s
complaint
cataloged
Halligan’s
greatest
hits
as
fake
U.S.
Attorney:
making
fundamental
misstatements
of
law
to
a
grand
jury,
pursuing
criminal
cases
that
career
prosecutors
had
declined
to
bring
because
the
evidence
didn’t
support
charges,
continuing
to
identify
herself
as
U.S.
Attorney
after
courts
ruled
her
appointment
was
unconstitutional,
and
generally
treating
the
Rules
of
Professional
Conduct
like
the
warranty
card
that
came
with
your
toaster.
Florida,
for
its
part,
took
notice
and
decided
to
take
a
look
before
Halligan
scurries
back
to
practice
law
in
the
Sunshine
State.
The
investigation
is
in
its
early
stages
and
there’s
no
guarantee
the
state
will
ever
tell
her
she’s
despicable
and
say
it’s
unforgivable,
but
so
far
Florida
is
far
ahead
of
its
peers
on
this.
Virginia,
where
Halligan
committed
the
alleged
breaches,
cowered
like
a
frightened
animal
when
asked
to
look
into
misconduct
in
its
jurisdiction.
The
Virginia
State
Bar
responded
that
whether
indictments
were
obtained
through
misrepresentations
“falls
within
the
authority
of
the
court
to
determine
and
not
this
office.”
After
three
federal
judges
weighed
in,
CfA
called
Virginia’s
bluff
and
heard
crickets
in
return.
But
Florida
—
where
Halligan
is
actually
licensed
—
apparently
decided
to
do
something
novel
for
a
state
bar
in
2026:
its
job.
It’s
a
notable
turn
of
events
because
the
Florida
Bar
previously
refused
to
even
consider
ethics
complaints
against
Pam
Bondi
on
the
theory
that
it
can’t
investigate
sitting
officers
appointed
under
the
U.S.
Constitution
for…
reasons.
It
seemed
like
an
unfounded
cop
out,
but
it’s
Florida’s
story
and
they’re
sticking
to
it
—
and
that
means
Halligan,
having
been
drummed
out
of
her
illegally
held
position
in
January,
no
longer
enjoys
that
shield.
The
Florida
Bar’s
letter,
dated
February
4,
predates
this
week’s
performative
tantrum
from
the
DOJ.
Will
they
stand
up
to
the
threat,
or
cave
like
Virginia?
Lindsey
Halligan
Is
Under
Investigation
by
the
Florida
Bar
[NY
Times]
Earlier:
Disbar
Them
All:
The
Only
Accountability
Left
For
Trump’s
Lawyers
Pam
Bondi
Wants
Sole
Power
To
Decide
If
DOJ
Lawyers
—
Including
Herself
—
Act
Unethically
Joe
Patrice is
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A
Lawyer.
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