Jeffrey Clark’s lawyer cites ‘MSNBC problem’ while trying to keep client off stand
Former Justice department official Jeffrey Clark's lawyer argued that his client should not be forced to testify at a disciplinary hearing because he would be shamed on MSNBC.
Attorney Harry MacDougald made the argument at a bar hearing Wednesday that could see Clark disbarred for his role in trying to overturn the results of the 2020 presidential election.
"I understand, Chair, that there may be an elegant solution that takes into account the reasoning of the chair and Mr. Fox's concerns to make a record while avoiding us all being on MSNBC for no good reason," MacDougald said.
The attorney said he wanted D.C. Bar officials to provide their questions ahead of time.
"And so that would avoid both the blanket assertion problem, the adverse inference problem, the appeal problem, and the MSNBC problem," MacDougald insisted.
However, D.C. Bar Chair Merril Hirsh said he was inclined to have Clark testify, and D.C. Bar attorney Hamilton Fox agreed.
"I mean, the short answer, Mr. Chair, is that I'm not prepared to do it the other way. This has just sprung on me," Fox remarked. "But I'm not sure that that would satisfy the results."
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In the end, Clark took the stand and invoked a multitude of privileges.
"Fifth Amendment privilege, executive privilege, deliberative process privilege, law enforcement privilege, attorney-client privilege," he repeatedly said.
Clark became a notable figure due to his involvement in efforts to overturn the results of the 2020 presidential election. After President Donald Trump lost the election to Joe Biden, Clark proposed leveraging the Justice department to challenge the election outcome.
Despite a lack of evidence to support claims of widespread electoral fraud, Clark suggested sending a letter to Georgia state officials, falsely stating that the Justice department had identified significant concerns that could impact the election results.
This move was in direct opposition to the conclusions of federal and state authorities, who confirmed the election's integrity. Clark's actions led to a crisis within the Justice department, with top officials threatening to resign en masse if he were appointed as the acting Attorney General. This showcased a stark division within the Department over the response to the election results.
“What Mr. Clark was attempting to do was essentially a coup at the Justice Department,” Fox said Wednesday.
Watch the video below from the D.C. Bar or click here.