{"id":5704,"date":"2022-07-11T08:07:10","date_gmt":"2022-07-11T12:07:10","guid":{"rendered":"https:\/\/dahlman.online\/?p=5704"},"modified":"2023-07-13T11:24:05","modified_gmt":"2023-07-13T15:24:05","slug":"put-your-pants-on","status":"publish","type":"post","link":"https:\/\/dahlman.online\/index.php\/2022\/07\/11\/put-your-pants-on\/","title":{"rendered":"Put Your Pants On"},"content":{"rendered":"\n

Georgetown Lawyer<\/h3>\n\n\n\n

Jeffrey Clark is an accomplished scholar and lawyer.\u00a0\u00a0He earned his Bachelor\u2019s Degree at Harvard (class of \u201989), then a Masters in Urban Affairs at the University of Delaware. \u00a0\u00a0Clark then went to law school at\u00a0Georgetown, the class of \u201995.\u00a0\u00a0After graduating, he clerked for a Federal District Judge in Cincinnati.<\/p>\n\n\n\n

Clark went to work at the firm of\u00a0\u00a0Kirkland and Ellis in Washington, DC.\u00a0\u00a0If that name sounds familiar, it\u2019s because Kirkland and Ellis is the \u201csupplier\u201d of lawyers for Republican governments.\u00a0\u00a0Here’s just some of their alumni in government service:\u00a0\u00a0Alex Acosta*, Alex Azar*, William Barr*, John Bolton*, Robert Bork , Pat Cipollone* Jeffrey Clark*, John Eastman*, Brett Kavanaugh*, Pat Philbin*, Jeff Rosen*, Ken Starr (* served in the Trump Administration). And there are a few Democrats too: Richard Cordray, Sean Patrick Maloney, and Mikie Sherrill. (The last two both current Democratic US Congressmen).<\/p>\n\n\n\n

At Kirkland he developed an expertise in environmental law.\u00a0\u00a0He then moved into the Bush Department of Justice, and served as Deputy Assistant Attorney General for Environment and Natural Resources.\u00a0\u00a0After 2005,\u00a0<\/em>the \u201crevolving door\u201d turned again, and\u00a0<\/em>he returned to Kirkland to continue his environmental law practice.\u00a0\u00a0No surprise: he wasn\u2019t a \u201cgreen\u201d guy.\u00a0\u00a0He represented the US Chamber of Commerce challenging the Environmental Protection Agency\u2019s power to regulate carbon emissions and British Petroleum in the Horizon oil spill case.<\/p>\n\n\n\n

With Trump\u2019s win in 2016, Clark moved back to Justice. This time he was the Assistant Attorney General for the same division.\u00a0\u00a0Once in charge, he aggressively worked to protect businesses from environmental law enforcement. He was “Mr. Oil Spill”. <\/p>\n\n\n\n

Off the Rails<\/h3>\n\n\n\n

Political appointees at Justice often try to impose their views of the law on their departments.\u00a0\u00a0This is what happens, even in the law, when political control changes from one President to another.\u00a0\u00a0While the Obama Justice Department strictly enforced environmental laws against polluters, the Trump Administration took a different view.\u00a0\u00a0To make sure that view was reflected, guys like Clark were brought in.<\/p>\n\n\n\n

I didn\u2019t support the Trump pollution policies, but I understood that it was just one result of his election victory.\u00a0\u00a0The line, \u201celections have consequences\u201d fits; these are the kind of unseen outcomes of a change in Party.\u00a0\u00a0The appointment of sympathetic Supreme Court Justices is a much more visible result of the same thing.\u00a0<\/p>\n\n\n\n

Donald Trump had difficulty getting his appointees through Senate confirmation, even though Republicans had a majority.\u00a0\u00a0So many of his appointments to office were \u201cacting”; without Senate approval, who had a limited amount of time they could serve.\u00a0\u00a0I wrote an essay about this back in 2019,\u00a0The Acting Presidency<\/a>.\u00a0<\/em>\u00a0In the last few months of the Trump Administration, Clark was appointed as Acting Assistant Attorney General for Civil Rights.\u00a0\u00a0In that job, Clark successfully got the government to support Trump in a personal lawsuit. (It was filed by a woman who claimed Trump, well before he was President, sexually assaulted her in the dressing room of Bergdorf-Goodman, an exclusive clothing store in New York City).<\/p>\n\n\n\n

Acting-Acting<\/h3>\n\n\n\n

Clark was replacing another acting appointee whose time had expired.\u00a0\u00a0After the election of 2020, Clark became steeped in the \u201cStop the Steal\u201d conspiracy, thoroughly convinced that Trump had actually won the election, regardless of the lack of actual evidence of any kind of voter fraud.\u00a0\u00a0He approached a friend, Republican Congressman William Perry, who put him in touch with the outgoing President.<\/p>\n\n\n\n

Trump and his campaign legal team, led by Rudy Giuliani, were searching for support anywhere they could find it.\u00a0\u00a0That an Assistant Attorney General not only was \u201con board\u201d, but willing to do anything to help, was a great plus.\u00a0\u00a0The current Attorney General, William Barr, made it clear that the Department found no evidence of voter fraud.\u00a0\u00a0And, once Barr resigned, his replacement as Acting Attorney General, Jeffrey Rosen, and the Acting Deputy, Richard Donaghue, continued to follow those facts.<\/p>\n\n\n\n

So in late December as the January 6th<\/sup> Congressional Electoral Vote certification loomed near, President Trump contemplated firing Rosen and Donaghue, and replacing them with Clark. In fact, Trump decided to actually do that, and for a few hours, Clark was \u201cnoted\u201d as the Acting Attorney General in White House communications.  But in a pivotal meeting with Justice Department leaders and White House legal counsel, Trump was told that the majority of the senior leadership of the Department would resign if Clark was placed in charge.  As Rosen put it, \u201cClark would be leading a graveyard\u201d.  Trump rescinded the order.<\/p>\n\n\n\n

The Other Side of Justice<\/h3>\n\n\n\n

What other actions and involvement did Jeffrey Clark have with the \u201cStop the Steal\u201d movement?\u00a0\u00a0Did he have knowledge of plans for the Insurrection on January 6th<\/sup>?\u00a0\u00a0Those and more are questions the January 6th<\/sup> Committee wanted to ask Clark.\u00a0\u00a0He at first refused and was charged with contempt. Clark then ultimately appeared before the Committee. In that testimony, he exercised his 5th<\/sup>\u00a0Amendment right against self-incrimination over one hundred times.<\/p>\n\n\n\n

The actions of several Trump attorneys not only gained the interest of the January 6th<\/sup>\u00a0Committee, but also the current Department of Justice investigation of the Insurrection. One Trump campaign attorney, John Eastman, was pulled over in his car, and served a search warrant for his cell phone.\u00a0\u00a0When the FBI agents asked Eastman to raise his hands, the legal \u201cscholar\u201d didn\u2019t quite seem to understand the question.\u00a0\u00a0The helpful agent gently took Eastman\u2019s arms and put them on top of his head. Then they did a cursory search to get the phone, and check for any weapons.<\/p>\n\n\n\n

Subject of Interest<\/h3>\n\n\n\n

And, in the early morning hours, the FBI came calling on Jeffrey Clark as well.\u00a0\u00a0He answered the door in his shirt and boxer shorts, to find agents on his front step. They had warrants to search for electronic devices; computers, phones and the like.\u00a0\u00a0The FBI doesn\u2019t search a house with the occupant inside, they make sure to control the situation by placing them in temporary custody outside by the FBI vehicles.\u00a0\u00a0<\/p>\n\n\n\n

And of course, once you answer the door, they aren\u2019t going to let you go back inside.\u00a0\u00a0You might destroy evidence.\u00a0\u00a0So Jeffrey Clark, former Acting Assistant Attorney General, former Assistant Attorney General, former member of the vaunted Kirkland and Ellis law firm; was escorted to the street in his shirt and boxers.\u00a0\u00a0<\/p>\n\n\n\n

I used to watch a television show called “Cops”. The show had camera crews that travelled with active police officers, showing what happened during their patrol. There was a “rule of thumb” while watching cops: if a suspect didn’t have a shirt on, they were going to jail. <\/p>\n\n\n\n

The moral of this story might be to believe the evidence that the Justice Department, Clark’s own Department, found.\u00a0\u00a0It might be: don’t fall for the internet of lies and videos that made up Stop the Steal.\u00a0\u00a0Or it might be to not get involved in a plot to overthrow the Constitution.<\/p>\n\n\n\n

But it definitely is this:  if the FBI is knocking on your door – put your pants on.<\/p>\n","protected":false},"excerpt":{"rendered":"

Georgetown Lawyer Jeffrey Clark is an accomplished scholar and lawyer.\u00a0\u00a0He earned his Bachelor\u2019s Degree at Harvard (class of \u201989), then a Masters in Urban Affairs at the University of Delaware. \u00a0\u00a0Clark then went to law school at\u00a0Georgetown, the class of \u201995.\u00a0\u00a0After graduating, he clerked for a Federal District Judge in Cincinnati. Clark went to work … Continue reading “Put Your Pants On”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","om_disable_all_campaigns":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[],"class_list":["post-5704","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\nPut Your Pants On : Our America - Essays on Politics and American Life<\/title>\n<meta name=\"description\" content=\"Jeffrey Clark is a well educated and experienced lawyer. 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