The Washington, D.C., Bar has begun formal disciplinary proceedings against the Department of Justice’s (DOJ) pardon attorney Ed Martin for alleged threats against the First Amendment rights of Georgetown University’s law school and for attempting to divert a probe into his conduct while serving as D.C.’s Attorney General last year.
Washington, D.C., Disciplinary Counsel Hamilton P. Fox III filed a two-count petition with the D.C. Court of Appeals Board of Professional Responsibility against Martin, alleging that he engaged in "conduct that seriously interferes with the administration of justice."
The complaint mentions threats made by Martin during his tenure as interim U.S. attorney for the District of Columbia, in which he allegedly ordered a judge to suspend Fox for investigating Martin’s actions.
“Mr. Martin knew or should have known that, as a government official, his conduct violated the First and Fifth Amendments to the Constitution of the United States,” Fox wrote in the disciplinary petition, referencing a letter by Martin sent to the Dean of Georgetown University’s law school.
In the letter, Martin threatened to withhold federal funding and discriminate against job applicants associated with the law school in response to the dean’s advocacy for diversity, equity, and inclusion (DEI) policies.
Fox wrote in the petition that while acting "in his official capacity and speaking on behalf of the government," Martin "used coercion to punish or suppress a disfavored viewpoint, the teaching and promotion of ‘DEI.’ He demanded that Georgetown Law relinquish its free speech and religious rights in order to continue to obtain a benefit, employment opportunities for its students.”
According to the complaint, following a retired judge’s report of Martin’s conduct to the Office of Disciplinary Counsel, Martin attempted to divert the investigation by issuing a letter directly to the chief judge and senior judges on the D.C. Court of Appeals.
"In that letter, he stated that he would not be responding to Disciplinary Counsel's inquiry, complained about Disciplinary Counsel's 'uneven behavior,' and requested a 'face-to-face meeting with all of you to discuss this matter and find a way forward,'" Fox wrote. "He copied the White House Counsel 'for informational purposes because of the importance of getting this issue addressed.'"
