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Case Information: 25-BG-0731
Short Caption:IN RE JEFFREY B. CLARK, BOARD DOCKET NO. 22-BD-039, BAR REGISTRATION NO. 455315Classification:Bar Governance - Bar - Disciplinary Original
Superior Court or Agency Case Number:DDN2021-D193Filed Date:07/31/2025

Opening Event Date:07/31/2025Case Status:Pending
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus-RespondentMark ChenowethN
Richard A. SampYY
Amicus-RespondentPhilip HamburgerN
Richard A. SampNY
Amicus-RespondentAmerica First Legal FoundationN
Ryan T. GiannettiYY
Amicus-RespondentMargot ClevelandN
Richard A. SampNY
Amicus-RespondentAram GavoorN
Richard A. SampNY
Amicus-RespondentPaul KamenarN
Richard A. SampNY
Amicus-RespondentJoseph E. SchmitzN
Richard A. SampNY
Amicus-RespondentIlya SharpiroN
Richard A. SampNY
Amicus-RespondentAndreia TrifoiN
Richard A. SampNY
Amicus-RespondentWilliam P. BarrN
James R. WedekingNY
Amicus-RespondentJeff SessionsN
James R. WedekingNY
Amicus-RespondentMichael MukaseyN
James R. WedekingNY
Amicus-RespondentU.S. Department of JusticeN
Jaynie LilleyNY
Amicus-RespondentArticle III ProjectN
Michael R. DavisYY
Amicus-RespondentCitizens UnitedN
Lee GoodmanYY
PetitionerBoard on Professional ResponsibilityN
James T. PhalenNY
PetitionerDisciplinary CounselN
Hamilton P. FoxNY
Jason HorrellNY
Theodore (Jack) MetzlerNY
RespondentJeffrey B. ClarkN
Charles BurnhamNY
Harry W. MacDougaldNY
Robert A. DestroNY

Events
Event DateStatusDescriptionResultPDF
07/31/2025FiledReport And Recommendation Of The Bd On Prof. Responsibility recommending disbarment.
07/31/2025FiledMotion For Leave to File Documents under seal (Petitioner Board on Professional Responsibility)Granted
07/31/2025Filed***SEALED*** Supplemental Record #1 (Sealed Portions of the Record) (Electronic File) (Unredacted)***SEALED***
07/31/2025FiledRecord Index
07/31/2025FiledRecord Copies (Electronic File)
08/07/2025FiledORDER to show cause, within thirty days of the date of this order, why the court should not enter an order suspending respondent pending final action on the Board's recommendation.
08/11/2025FiledRedaction Certificate (Respondent)
08/12/2025FiledMotion For Extension Of Time to File Exceptions (Redacted) (Respondent)Granted
08/21/2025FiledExceptions (Respondent)
08/26/2025FiledORDER granting the Board's motion to file under seal. F/O that respondent's lodged exceptions are filed. F/O directing that if they intend to seek pro hac vice admission in this matter, Mr. MacDougald and Mr. Destro are to file motions for leave to appear pro hac vice within ten days of the date of this order. .
08/27/2025FiledMotion For Extension of Time to File Response to the 8/7/25 Show Cause Order (Redacted) (Respondent)Granted
08/28/2025FiledRedaction Certificate (Petitioner Disciplinary Counsel)
08/28/2025FiledOpposition to Motion for Extension of Time to File Response to 8/7/25 Show Cause Order (Redacted) (Petitioner Disciplinary Counsel)
08/29/2025FiledReply in Support of Motion for Extension of Time to Respond to Show Cause Order (Respondent)
09/03/2025FiledMotion to Assign Case to Panel that Heard Previous Appeal (Respondent)Denied
09/03/2025FiledORDER granting respondent's motion for extension of time to file response by September 29, 2025. F/O that respondent shall file his brief within 40 days from the date of this order, and the Office of Disciplinary Counsel shall file its brief within 30 days thereafter.
09/19/2025FiledORDER denying respondent's motion to assign the case to the prior division. F/O that the Clerk shall no longer serve Mr. MacDougald or Mr. Destro with copies of any orders in this matter unless and until they seek and are granted leave to appear pro hac vice.
09/22/2025FiledMotion To Appear Pro Hac Vice (Respondent)Granted
09/22/2025FiledMotion To Appear Pro Hac Vice (Respondent)Granted
09/24/2025FiledAppearance by Richard A. Samp (Amicus-Respondent Chenoweth, Amicus-Respondent Hamburger)
09/29/2025FiledORDER granting respondent's motions to appear pro hac vice.
09/29/2025FiledMotion to Bifurcate Appeal (Respondent)
09/30/2025FiledRedaction Certificate (Amicus Curiae)
09/30/2025FiledMotion of former United States Attorney General for leave to file Amicus Curiae Brief in support of respondent Jeffery B. Clark, Esquire Response to show cause order (Amicus Curiae)Granted
09/30/2025FiledBrief (Redacted) (Amici Curiae Former Attorneys General)
09/30/2025FiledMotion to extend page limit and leave to late file (Respondent)Denied as Moot
09/30/2025FiledResponse To Order To Show Cause (Respondent)
09/30/2025FiledDisciplinary Counsel's Opposition to Motion for leave to file Amicus Brief (Petitioner Disciplinary Counsel)
09/30/2025FiledConsent Motion of nine attorneys for leave to file Amicus Curiae Brief in support of respondents Brief showing cause why he should not be suspended pending final action on the Recommendation of the Board of Professional Responsibility (Amicus-Respondent Chenoweth)Granted
09/30/2025FiledBrief (Redacted) (Amici Curiae Nine Attorneys)
10/01/2025FiledRedaction Certificate (Amicus-Respondent America First Legal Foundation)
10/01/2025FiledMotion of America First Legal foundation as Amicus Curiae to file a Brief in support of respondent (Amicus-Respondent America First Legal Foundation)Granted
10/01/2025FiledBrief (Redacted) (Amicus Curiae America First Legal Foundation)
10/01/2025FiledDisciplinary Counsel's Opposition to nine attorney's motion for leave to file Amicus Brief (Petitioner Disciplinary Counsel)
10/02/2025FiledReply in support of Motion of former United States Attorney General for leave to file Amici Curiae Brief in support of respondent Jeffery B. Clark, Esquire response to show cause order (Amicus Curiae)
10/02/2025FiledReply to Disciplinary Counsel's Opposition to nine attorneys Motion for leave to file Amicus Curiae Brief (Amicus-Respondent Chenoweth)
10/03/2025FiledMotion for extension of time to file Merits Brief (Respondent)Denied as Moot
10/03/2025FiledRedaction Certificate (Amicus-Respondent U.S. Department of Justice)
10/03/2025FiledUnited States Motion to extend the deadline for filing of an Amicus Curiae Brief in Support of Respondent in light of lapse of appropriations (Amicus-Respondent U.S. Department of Justice)Denied
10/03/2025FiledRedaction Certificate (Amicus-Respondent Article III Project)
10/03/2025FiledMotion of Article III Project Amicus Curiae to file Brief in support of respondent (Amicus-Respondent Article III Project)Granted
10/03/2025FiledBrief of Article III Project as Amicus Curiae in support of respondent (Amicus-Respondent Article III Project)
10/03/2025FiledDisciplinary Counsel's Opposition to respondent's Motion to bifurcate appeal (Petitioner Disciplinary Counsel)
10/06/2025FiledORDER granting respondent's motion for leave to the extent it seeks a leave to late file his response to the show cause order and denied as moot to the extend it seeks leave to exceed the page limit. The Clerk shall file his response. F/O that the lodged amicus briefs in support are granted and the Clerks shall file the lodged briefs. F/O that motion of the US for extension of time is denied. F/O, sua sponte, Disciplinary Counsel shall file a reply to respondent's response to the show cause order by no later than October 10, 2025. F/O, sua sponte, that the merits briefing schedule is stayed pending the resolution of respondent's motion to bifurcate, and therefore respondent's motion for an extension of time to file his merits brief is denied as moot.
10/06/2025FiledBrief for the United States of America as Amicus Curiae in support of Respondent (Amicus-Respondent U.S. Department of Justice)
10/08/2025FiledReply Brief (Respondent)
10/15/2025FiledDisciplinary Counsels reply to respondent Jeffrey B. Clark response to order to show cause (Petitioner Disciplinary Counsel) (Petitioner Disciplinary Counsel)
10/16/2025FiledMotion For Leave to File Surreply brief in Response to Show Cause Order (Respondent)Denied
10/19/2025StruckSurreply to office of disciplinary counsels reply to respondents show cause response (Respondent)
10/22/2025FiledLetter Received (Petitioner Disciplinary Counsel)
10/27/2025FiledRedaction Certificate (Amicus-Respondent Citizens United)
10/27/2025FiledConsent Motion of Citizens United to file a Brief as Amicus Curiae in support of Respondent (Amicus-Respondent Citizens United)Granted
10/27/2025FiledBrief of Citizens United as Amicus Curiae in support of respondent (Amicus-Respondent Citizens United)
10/30/2025FiledORDER denying respondent's motion for leave and striking the surreply. F/O granting Citizens United's motion for leave to file its lodged brief. F/O that, within 20 days from the date of this order, respondent, Disciplinary Counsel, and the Board shall file responses, not to exceed 15 pages, providing their positions on what it means for an attorney to "have the burden of demonstrating a substantial likelihood of success with respect to the exceptions the attorney has taken to the Board's report" for the purpose of preventing an interim suspension under D.C. Bar R. XI, § 9(g)(1).
11/18/2025FiledRedaction Certificate (Petitioner Board on Professional Responsibility)
11/18/2025FiledAgreed Motion for Extension of Response Deadline (Petitioner Board on Professional Responsibility)Granted
11/19/2025FiledDisciplinary Counsel's Position on Substantial Likelihood of success under rule XI section 9(g) (Petitioner Disciplinary Counsel)
11/20/2025FiledORDER granting the agreed motion for extension to time and directing that the deadline for the responses that the court's October 30, 2025, order directed from the Board, Disciplinary Counsel, and respondent is extended to November 25, 2025.
11/25/2025FiledResponse of the Board on professional responsibility to the court's October 30,2025. (Petitioner Board on Professional Responsibility)
11/25/2025FiledMotion to Supplement Exceptions to BPR Report in Light of Presidential Pardon (Respondent)
11/26/2025FiledMotion for Leave to File Response to the 10/30/25 Order (Redacted) (Respondent)
11/26/2025LodgedResponse on the Meaning of "Substantial Likelihood of Success" (Respondent)
12/17/2025FiledRule 28(k) Citation Of Supplemental Authority (Respondent)
01/14/2026FiledMotion To Admit Pro Hac Vice (Respondent)
01/26/2026FiledMotion for leave to withdraw (Petitioner Disciplinary Counsel)
02/02/2026FiledRule 28(k) Citation Of Supplemental Authority (Respondent)