DC court backs Clark’s bid to block subpoena from bar investigators

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DC court backs Clark’s bid to block subpoena from bar investigators
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Clark, who backed Trump's efforts to contest the 2020 election, is trying to avoid being disbarred.

Former Justice Department attorney Jeff Clark's attorneys argued that complying with such a demand would force Clark to effectively testify against his will. | Michael A. McCoy/Getty ImagesAn attempt by D.C. bar authorities to force former Justice Department attorney Jeff Clark to fork over documents — part of an effort to potentially disbar the former President Donald Trump ally — would violate his Fifth Amendment rights, a D.C. appeals court panel ruled Monday.

A three-judge panel assigned to Clark’s most recent motion agreed, denying the Office of Disciplinary Counsel’s bid to enforce the subpoena. The panel, consisting of Judges Joshua Deahl, John Howard III and Vijay Shanker, indicated a fuller explanation of its decision would be forthcoming. Clark has signaled plans to respond with testimony from other former officials he contends will declare that they thought he was acting in good faith or that public accounts of the showdown over the possible ouster of Rosen in the waning days of the Trump presidency were distorted.

Trump came within an eyelash of placing Clark atop the Justice Department in the final days of his administration, as he sought to enlist the department in his effort to prevent Joe Biden from becoming president. But he backed down amid a revolt from top White House and DOJ aides who threatened to resign if Trump put Clark in charge.

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