Jeffrey Clark filing says he is 'unindictable' for anything related to Jan. 6 or other election subversion efforts
Source: Law & Crime
Aug 28th, 2024, 5:45 pm
Attorneys for former U.S. Department of Justice attorney Jeffrey Clark on Wednesday told a federal court their client was unindictable in criminal cases emanating from the Jan. 6 attack on the U.S. Capitol.
In a two-page letter addressed to the clerk of the U.S. Court of Appeals for the District of Columbia, Clarks lead lawyer in his D.C.-based bar discipline case cited supplemental authority for a recently scuttled effort to transfer disbarment proceedings to federal court.
The filing is the latest knock-on effect of the U.S. Supreme Courts blockbuster midsummer ruling on presidential immunity. The ruling created anew two forms of criminal immunity for U.S. presidents and explicitly provided such immunity to former president Donald Trump.
In an effort to salvage and fast-track the Jan. 6 conspiracy case against Trump which was returned to the jurisdiction of U.S. District Judge Tanya Chutkan early this month special counsel Jack Smith filed a superseding indictment on Tuesday afternoon. The new version lacks several pages worth of references to various individuals and topics that previously appeared in the first indictment, which was roughly nine pages longer than the present charging document.
Read more: https://lawandcrime.com/high-profile/jeffrey-clark-filing-says-he-is-unindictable-for-anything-related-to-jan-6-or-other-election-subversion-efforts/
Link to LETTER (PDF viewer) - https://www.documentcloud.org/documents/25079908-clark-unindictable-letter
Link to LETTER (PDF) - https://s3.documentcloud.org/documents/25079908/clark-unindictable-letter.pdf
Think. Again.
(17,207 posts)AZ8theist
(6,427 posts)Clark wants "white collar CRIME prviledge.....
Kid Berwyn
(17,746 posts)Standards, you know.
muriel_volestrangler
(102,360 posts)muriel_volestrangler
(102,360 posts)but, by saying he's "unindictable", are they saying that anything he decided by himself to do is also covered by Trump's dictatorial immunity? If so, how far down the chain do federal appointees get immunity for their actions?
Simeon Salus
(1,288 posts)Clark was not employed by the government; he was a campaign lawyer.
muriel_volestrangler
(102,360 posts)which in a lawful world he shouldn't have been: https://en.wikipedia.org/wiki/Jeffrey_Clark
riversedge
(72,824 posts)As an administrative adjunct, or arm, of the D.C. Court of Appeals, the disciplinary counsel qualifies as an Article I court. Oppositely, the appellate court itself is considered an Article III court.
The entire key purpose of removal is to allow Mr. Clark to obtain an Article III court adjudication of his immunity defenses and for such immunity defenses not to be adjudicated by an Article I court (or by a state court, had Mr. Clarks jurisdiction of bar licensure been different), the Wednesday letter concludes. The hostility shown in the District Court below and before the panel to allowing removal jurisdiction to attach to a bar disciplinary matter is thus misplaced.
In other words, Clark is saying his immunity arguments must be heard by an actual federal court and that the bar disciplinary body lacked the necessary authority to review such claims.
The Court of Appeals has not given any indication as to when they might issue their final decision on Clarks case.
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