The Steady State Files Formal Objection to Department of Justice Proposed Rule Undermining Independent Attorney Oversight

Washington, D.C. — The Steady State today filed a formal public comment strongly opposing the U.S. Department of Justice’s proposed rule, “Review of State Bar Complaints and Allegations Against Department of Justice Attorneys,” warning that the rule would undermine the rule of law, violate federal statute, and erode a core system of independent oversight. The filing can be found here.

The proposed rule would permit the Attorney General or his/her designee to intervene in, delay, and potentially override state bar disciplinary proceedings involving Department of Justice attorneys. In its filing, The Steady State concludes that the rule is contrary to longstanding federal law, exceeds the Department’s authority, and raises serious constitutional and federalism concerns.

“The integrity of our legal system depends on the principle that no one is above the law, including government attorneys,” said Steven Cash, Executive Director of The Steady State, and an attorney. “This proposed rule would create a mechanism for shielding Department of Justice attorneys from independent professional accountability. It is inconsistent with federal statute, and it is inconsistent with the basic expectations of a constitutional democracy.”

The Steady State’s comment emphasizes that Congress has already resolved this issue through 28 U.S.C. § 530B, which requires federal attorneys to comply with the same ethical rules and to be subject to the same disciplinary processes as all other attorneys. The proposed rule would depart from that requirement by allowing the Department to delay or interfere with state bar investigations, effectively creating a special regime for federal lawyers unavailable to any other member of the profession.

The filing further warns that the rule would intrude upon the authority of state courts, which have long held primary responsibility for regulating the legal profession. By seeking to influence or suspend state disciplinary proceedings, the Department risks disrupting a system that is both judicial in nature and essential to maintaining public trust in the administration of justice.

“Independent bar discipline is one of the last remaining safeguards ensuring that government lawyers adhere to their ethical obligations,” added Mary Kate Whalen, a Steady State member and former Transportation Security Agency (TSA) Senior Attorney. “Weakening that safeguard is not an administrative adjustment. It is a structural change that would diminish accountability at precisely the moment it is most needed.”

The Steady State also notes that the proposed rule comes amid broader efforts to weaken both internal and external oversight mechanisms within the Department of Justice. The filing cautions that, taken together, these developments risk creating an environment in which attorneys are discouraged from upholding their professional obligations or raising concerns about unlawful or unconstitutional conduct.

The Steady State urges the Department of Justice to withdraw the proposed rule in its entirety.

The Steady State is an organization of more than 400 former senior national security, intelligence, military, diplomatic, and law enforcement professionals committed to defending the Constitution, the rule of law, and democratic institutions.

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