Bondi's DOJ Rule to Block State Bar Ethics Investigations is Illegal and Unconstitutional
Source: Dahlia Lithwick, Mark Joseph Stern. "Pam Bondi’s ludicrous new scheme to protect lying DOJ lawyers.." March 6, 2026. slate.com
The Gist
The authors argue that Pam Bondi's plan to stop state bar associations from investigating Justice Department lawyers for ethics violations is illegal. They say it violates federal law requiring DOJ lawyers to follow the same rules as other attorneys, and the Supreme Court has already ruled that federal courts can't interfere with these state investigations.
Conclusion
Attorney General Pam Bondi's proposed rule to block state bar investigations of DOJ lawyers is illegal and will not survive judicial scrutiny
Premises
- The McDade Amendment explicitly requires DOJ lawyers to be subject to state laws and rules 'to the same extent and in the same manner as other attorneys in that State'
- Bondi's rule would not 'assure compliance' with the McDade Amendment but would effectively repeal part of it by blocking state bar enforcement
- The Supreme Court in Middlesex County Ethics Committee v. Garden State Bar Association unanimously prohibited federal courts from interfering with legitimate state bar disciplinary proceedings
- State bars have 'an extremely important interest in maintaining and assuring the professional conduct of the attorneys it licenses' that federal courts must respect
- The DOJ's own internal review process cannot impose the same professional penalties as state bars, including disbarment
- The proposed rule would allow Bondi to indefinitely delay real investigations through sham federal reviews with no meaningful oversight
Assumptions
- State bar investigations of DOJ lawyers are legitimate and necessary for professional accountability
- Federal courts will follow existing Supreme Court precedent rather than defer to executive authority
- The McDade Amendment should be interpreted to preserve state bar enforcement authority
- Professional ethics violations by government lawyers warrant independent state oversight