MEMORANDUM FOR THE ATTORNEY GENERAL
THE SECRETARY OF HOMELAND SECURITY
SUBJECT: Preventing Abuses of the Legal System and the Federal Court
Lawyers and law firms play a critical role in our legal system. However, some have strayed from ethical conduct, and it’s vital to hold them accountable. This is especially crucial when their actions endanger national security, public safety, or the integrity of elections.
Take, for example, the case of Marc Elias in 2016. He was involved in creating a misleading "dossier" that aimed to manipulate a federal investigation into a presidential candidate. Elias did not disclose his client’s—Hillary Clinton’s—connection to this document, raising serious ethical concerns.
Another troubling area is immigration law, where some lawyers encourage clients to hide past information or lie about circumstances to gain asylum. This not only violates laws but also burdens our government and damages our legal system’s integrity. In recent years, fraudulent claims have complicated the situation for many legitimate asylum seekers, costing taxpayers significant resources.
To fight this misconduct, attorneys must adhere to Federal Rule of Civil Procedure 11, which forbids filing claims for improper motives, like harassment or wasting time and resources (FRCP 11(b)(1)). They also must base their arguments on real evidence (FRCP 11(b)(3)-(b)(4)). When these rules are broken, the opposing party can request sanctions (FRCP 11(c)).
Unfortunately, some attorneys ignore these guidelines, particularly when litigating against the federal government. Therefore, I urge the Attorney General to push for sanctions against those who engage in frivolous litigation that harms the United States or its agencies.
Additionally, I direct the Attorney General and Secretary of Homeland Security to prioritize oversight of attorney conduct regulations (see 8 C.F.R. 292.1 et seq.). They must take action against attorneys violating professional rules, particularly in cases affecting national security or public safety.
If misconduct is identified in the last eight years, such as frivolous claims or dishonest practices, the Attorney General should recommend further actions to the President. This could include reviewing security clearances or ending contracts for legal services.
Lawyers hold immense power and responsibility in upholding justice and law. The Attorney General and the Counsel to the President should regularly update the President on improvements made by law firms to maintain this accountability.
Recent studies show that a large percentage of Americans are concerned about the integrity of our legal system, especially related to immigration and electoral processes (Pew Research Center, 2023). Addressing these fears through strict enforcement of legal ethics is essential for restoring confidence in our justice system.
By taking these steps, we can better ensure that our legal system serves its true purpose without unnecessary abuses.
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