holder bar complaint

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July 2, 2012

Office of Bar Counsel

Board on Professional Responsibility

District of Columbia Court of Appeals

515 5th Street NW

Building A, Suite 117Washington, DC 20001

In re: Ethics complaint against member Eric H. Holder, Jr.

Dear board members,

This letter serves as notice that a complaint is being filed against one of your members for professional

misconduct. A search of your website at http://www.dcbar.org/ shows Eric H. Holder, Jr., currentlyAttorney General of the United States, has been an active DC Bar member since he was admitted on

January 23, 1980.

As per your professional standards published as Rule 8.4, “Misconduct,” at

http://www.dcbar.org/for_lawyers/ethics/legal_ethics/rules_of_professional_conduct/amended_rules/rule _eight/rule08_04.cfm, “It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another

to do so, or do so through the acts of another;

(b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a

lawyer in other respects;

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(d) Engage in conduct that seriously interferes with the administration of justice;

(e) State or imply an ability to influence improperly a government agency or official;

(f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or

(g) Seek or threaten to seek criminal charges or disciplinary charges solely to obtain an advantage in a

civil matter.”

It would appear that several, if not all of these rules, have been violated as evidenced by Eric Holder

having been found in contempt of Congress on June 28, 2012 “for refusal to comply with a subpoena duly

issued by the Committee on Oversight and Government Reform” (Note House Calendar No. 140/Report

112-546 appearing at: http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt546/pdf/CRPT-112hrpt546.pdf).

As per Rule 8.5, “Rule 8.5—Disciplinary Authority; Choice of Law,” at

http://www.dcbar.org/for_lawyers/ethics/legal_ethics/rules_of_professional_conduct/amended_rules/rule

_eight/rule08_05.cfm, which states in part “A lawyer admitted to practice in this jurisdiction is subject tothe disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs,” and due tothe seriousness of this misconduct, we, as citizens of the Republic, with an interest in ensuring full

accountability for the legal conduct of government officials, feel compelled to issue a formal complaint in

accordance with your established filing protocol at

http://www.dcbar.org/for_the_public/working_with_lawyers/when_problems_arise/filing.cfm

Because of the serious political ramifications involved, and because some on the Board may be

sympathetic to AG Holder’s positions and hostile to those of the House contempt charges, and in order to

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ensure that this complaint receives proper attention and is not ignored through deliberate indifference, we

are making a copy of this letter publicly available via our respective websites,

SipseyStreetIrregulars.blogspot.com and DavidCodrea.com.

Further, it appears your own rules may remove any discretion and require an investigation. As per Rule

XI, “Disciplinary Proceedings,” Section 10, “Disciplinary Proceedings Based Upon Conviction of

Crime,” at http://www.dcbar.org/inside_the_bar/structure/bar_rules/rule11.cfm:

“(a) Notification. If an attorney is found guilty of a crime or pleads guilty or nolo contendere to a criminal

charge in a District of Columbia court, the clerk of that court shall, within ten days from the date of such

finding or plea, transmit to this Court and to Bar Counsel a certified copy of the court record or docket

entry of the finding or plea. Bar Counsel shall forward the certified copy to the Board. Upon learning that

the certified copy has not been timely transmitted by the clerk of the court in which the finding or plea

was made, or that an attorney has been found guilty of a crime or has pleaded guilty or nolo contendere to

a criminal charge in a court outside the District of Columbia or in any federal court, Bar Counsel shall

promptly obtain a certified copy of the court record or docket entry of the finding or plea and transmit it

to this Court and to the Board. The attorney shall also file with this Court and the Board, within ten days

from the date of such finding or plea, a certified copy of the court record or docket entry of the finding or

plea.”

“(b) Serious crimes. The term ‘serious crime’ shall include (1) any felony, and (2) any other crime a

necessary element of which, as determined by the statutory or common law definition of such crime,

involves improper conduct as an attorney, interference with the administration of justice, false swearing,

misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion,

misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a ‘serious

crime.’"

While District of Columbia courts have not (yet) been involved, there is no question that the Congress has

found the Attorney General guilty of contempt under conditions that rise to your definition of “seriouscrime.” It would also appear that Attorney General Holder is required to report the contempt finding to

you within the ten day requirement, and that the Bar “shall” investigate this matter.

Please give this matter your immediate attention and we look forward to receiving your formal written

response.

Sincerely,

David Codrea Mike Vanderboegh

Enclosure: Complaint form

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Form responded to above:

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