Posted on 03/23/2025 6:03:32 AM PDT by MtnClimber
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 that engage in actions that violate the laws of the United States or rules governing attorney conduct must be efficiently and effectively held accountable. Accountability is especially important when misconduct by lawyers and law firms threatens our national security, homeland security, public safety, or election integrity.
Recent examples of grossly unethical misconduct are far too common. For instance, in 2016, Marc Elias, founder and chair of Elias Law Group LLP, was deeply involved in the creation of a false “dossier” by a foreign national designed to provide a fraudulent basis for Federal law enforcement to investigate a Presidential candidate in order to alter the outcome of the Presidential election. Elias also intentionally sought to conceal the role of his client — failed Presidential candidate Hillary Clinton — in the dossier.
The immigration system — where rampant fraud and meritless claims have supplanted the constitutional and lawful bases upon which the President exercises core powers under Article II of the United States Constitution — is likewise replete with examples of unscrupulous behavior by attorneys and law firms. For instance, the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when asserting their asylum claims, all in an attempt to circumvent immigration policies enacted to protect our national security and deceive the immigration authorities and courts into granting them undeserved relief. Gathering the necessary information to refute these fraudulent claims imposes an enormous burden on the Federal Government. And this fraud in turn undermines the integrity of our immigration laws and the legal profession more broadly — to say nothing of the undeniable, tragic consequences of the resulting mass illegal immigration, whether in terms of heinous crimes against innocent victims like Laken Riley, Jocelyn Nungaray, or Rachel Morin, or the enormous drain on taxpayer resources intended for Americans.
Federal Rule of Civil Procedure 11 prohibits attorneys from engaging in certain unethical conduct in Federal courts. Attorneys must not present legal filings “for improper purpose[s],” including “to harass, cause unnecessary delay, or needlessly increase the cost of litigation.” FRCP 11(b)(1). Attorneys must ensure that legal arguments are “warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.” FRCP 11(b)(2). And attorneys must ensure that their statements about facts are “reasonably based” on evidentiary support, or a belief that such evidence actually exists. FRCP 11(b)(3)-(b)(4). When these commands are violated, opposing parties are authorized to file a motion for sanctions. FRCP 11(c). The text of the rule specifically addresses and provides for sanctions for attorneys and their firms as well as for recalcitrant parties given the solemn obligation that attorneys have to respect the rule of law and uphold our Nation’s legal system with integrity. Furthermore, Rule 3.1 of the Model Rules of Professional Conduct provides that, “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.”
Unfortunately, far too many attorneys and law firms have long ignored these requirements when litigating against the Federal Government or in pursuing baseless partisan attacks. To address these concerns, I hereby direct the Attorney General to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States or in matters before executive departments and agencies of the United States.
I further direct the Attorney General and the Secretary of Homeland Security to prioritize enforcement of their respective regulations governing attorney conduct and discipline. See, e.g., 8 C.F.R. 292.1 et seq.; 8 C.F.R. 1003.101 et seq.; 8 C.F.R. 1292.19.
I further direct the Attorney General to take all appropriate action to refer for disciplinary action any attorney whose conduct in Federal court or before any component of the Federal Government appears to violate professional conduct rules, including rules governing meritorious claims and contentions, and particularly in cases that implicate national security, homeland security, public safety, or election integrity. In complying with this directive, the Attorney General shall consider the ethical duties that law partners have when supervising junior attorneys, including imputing the ethical misconduct of junior attorneys to partners or the law firm when appropriate.
I further direct that, when the Attorney General determines that conduct by an attorney or law firm in litigation against the Federal Government warrants seeking sanctions or other disciplinary action, the Attorney General shall, in consultation with any relevant senior executive official, recommend to the President, through the Assistant to the President for Domestic Policy, additional steps that may be taken, including reassessment of security clearances held by the attorney or termination of any Federal contract for which the relevant attorney or law firm has been hired to perform services.
I further direct the Attorney General, in consultation with any relevant senior executive official, to review conduct by attorneys or their law firms in litigation against the Federal Government over the last 8 years. If the Attorney General identifies misconduct that may warrant additional action, such as filing frivolous litigation or engaging in fraudulent practices, the Attorney General is directed to recommend to the President, through the Assistant to the President for Domestic Policy, additional steps that may be taken, including reassessment of security clearances held by the attorney, termination of any contract for which the relevant attorney or law firm has been hired to perform services, or any other appropriate actions.
Law firms and individual attorneys have a great power, and obligation, to serve the rule of law, justice, and order. The Attorney General, alongside the Counsel to the President, shall report to the President periodically on improvements by firms to capture this hopeful vision.
This is great! I think the crooked lawyers should be sent to an El Salvador prison.
Yep.
Should be fun to hear a judge give lawful reasons why she can force the President to reinstate security clearances for Perkins Coie - the top law firm engaging in absolutely crooked lawfare against Trump and in support of the one THEY KNEW to be a usurper, Obama.
Good. Let’s see some Justice served....for once.
Maybe I’m late on this one but just heard yet another dam Fed Judge is ordering Hegseth to let Trans back in the military.
Are there not something like 100 Federal Judges? What a Tower of Babel we will have if each one of them is allowed to dictate policy based on their own personal interpretation of the constitution.
Sounds great. But what about corrupt District Judges? Would they be covered by the Memorandum also? IF SO, I’d say things are going to quickly become even more interesting than they already are.
There are nearly 1,770 judgeships authorized across the 209 courts in the United States federal court system. The courts can be dissolved a lot easier than a judge can be impeached.
!!!
Johnny tell him what he WON!
Thank you for posting this. I highly recommend all Freepers read it.
This was obviously carefully crafted by Trump’s inner circle of legal advisers.
Everyone is now on notice of what is coming.
Pam Bondie, Kristi Noem, and by extension, Kash Patel and Dan Bongino now have their marching orders. I expect they will be held accountable if they fail to produce results.
Interesting...now, how do we make Congress follow the laws (and rules) THEY make?
Quotes from the Convention Relating to the Status of Refugees:
Article 31. - Refugees unlawfully in the country of refuge
1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.
Article 32. - Expulsion
1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order.
2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority....
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees
Article 44 - Denunciation [getting out from under the Refugee Convention]
1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.
2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations....
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What does Trump have to do to get the US out from under the Refugee Convention?
Send (or hand deliver) the Secretary-General of the United Nations Antonio Guterres a letter!
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Dear Secretary-General of the United Nations:
I, Donald J. Trump, the President of the United States, on behalf of the United States, do denounce the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as permitted by Article 44.
Donald J. Trump
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“Building a wall is a red herring”
“The fundamental problem is that anyone can claim asylum with zero proof, which means all of Earth can come to America.”
Elon Musk
“I think the crooked lawyers should be sent to an El Salvador prison.”
That would win over Chief Justice Roberts. /s
These immigrants are not fleeing persecution. They are seeking free handouts.
Thank you for posting this potentially game changing memoranda.
This is something that one might expect the attorney general to take the initiative on, although I realize the scope of actions extends beyond DOJ. That said, most of the memorandum is a directive to the AG.
Whatever, its good to see the administration going on the offensive.
This looks like a Stephen Miller thing. He is the Assistant to the President for Domestic Policy, to whom such violations are to be reported. Well done!
Everyone is now on notice of what is coming.
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Wonder if this was necessitated due to Barbie Bondi’s seeming lack of initiative? Its still early but her tenure thus far hasn’t demonstrated much forward momentum. Just sayin.
“This looks like a Stephen Miller thing.”
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It does, but it may well have been a reflection of Trump’s frustration with the egregious abuses going on in the court system and the AG not getting out front and taking the lead. DOJ seems slow out of the gate IMO.
Send the memo to the tooth fairy and Santa as well. Those would have the same effect as sending this to golden haired Fox personality, Blondi the worthless.
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