Ex-January 6 prosecutors urge attorney disciplinary board to investigate Trump's controversial pick to be DC's top prosecutor
Five former prosecutors who worked on criminal cases stemming from the January 6, 2021, attack on the US Capitol are urging the disciplinary office governing lawyers in Washington, DC, to open an investigation into President Donald Trump's controversial pick to be the district's top prosecutor.
The filing is the latest turn in the nomination of Ed Martin to be US attorney for DC and comes as Senate Democrats have pledged to delay any confirmation vote.
Martin, who has been serving in the post on an interim basis since Trump returned to the White House, is a divisive pick for the job. After stepping into the position, he used his new powers to dismiss January 6 Capitol riot cases, fire prosecutors who were involved in the investigations, go after his and Trump's political adversaries, and launch internal reviews in an attempt to find misconduct within the office.
In a letter filed Sunday with the DC Bar's Office of Disciplinary Counsel, the former prosecutors outlined those controversial actions, as well as others, saying that Martin violated several professional rules.
'He has used his brief time in office to demonstrate a fundamental misunderstanding of the role of a federal prosecutor, announcing investigations against his political opponents, aiding defendants he previously represented, and communicating improperly with those he did not,' the group wrote.
'These actions are not worthy of the Department of Justice, undermine the Constitutional guarantee of equal protection of law, and violate Mr. Martin's professional obligations,' the letter reads.
In addition to the five former prosecutors, the letter was also signed by prominent conservative lawyers from the Society for the Rule of Law, including retired federal Judge J. Michael Luttig, former Rep. Barbara Comstock, attorney George Conway, and Stuart Gerson, a lawyer who held top roles at the Justice Department under Presidents George H.W. Bush and Bill Clinton.
The letter pointed to a statement from Martin on the DC US attorney's X account earlier this year in which he described himself and his colleagues as 'Trump's lawyers' to argue that he was abusing the power of the Justice Department. The letter said the social media post reinforced Martin's public statements suggesting he was pursuing investigations into 'perceived political enemies of himself and the President.'
'Mr. Martin's client is not President Trump; it is the United States,' the letter states. 'His assertion otherwise adds further evidence that his announced investigations are politically motivated.'
Last month, Martin also announced that he was forming a 'special unit' to 'protect elections.' The group, he said in an internal email announcing it, 'will continue to make sure that all the election laws of our nation are obeyed.'
'Nearly 20 years later, Americans do not have confidence in our election systems,' he wrote. 'One of the best ways to restore that confidence is to protect our systems and demand accountability.'
And he launched a probe into prosecutors who brought obstruction charges under US Code 1512(c) against some rioters that were ultimately tossed because of a Supreme Court decision last summer.
The letter also details Martin's representation of defendants who were prosecuted by President Joe Biden's Justice Department for their involvement in the Capitol attack. In one case, the letter says, Martin was still repping the individual even after being tapped to serve as interim US attorney. He didn't withdraw his representation of the man until after the case was dismissed by a federal judge in DC.
'By acting simultaneously as a prosecutor and defense attorney in the same case, Mr. Martin violated Rule 1.7(a), which directs that 'A lawyer shall not advance two or more adverse positions in the same matter,'' the letter reads.
'Collectively, Mr. Martin's actions threaten to undermine the integrity of the U.S. Attorney's Office and the legal profession in the District of Columbia,' the group told the disciplinary board. 'The reputation of our community depends on a prompt and thorough investigation into Mr. Martin's violations of his professional obligations.'
Meanwhile, Democrats on Capitol Hill have ratcheted up their efforts to block Martin's confirmation.
Sen. Adam Schiff of California recently announced that he was placing a hold on Martin's nomination.
'I hope the Republicans do their job. This man is unqualified, he's abused the powers of that office. He's made the strongest case you can make to be rejected for this position,' Schiff, a member of the Senate Judiciary Committee, told CNN.
'This is a 'Stop the Steal' lawyer, who has embraced the worst antisemites and who has the most profound conflicts of interest, dismissing cases against people that he still represents. If he is not disqualified then it shows Republicans are willing to accept any Trump nominee, no matter how inappropriate for the job,' the senator said.
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