Jeffrey Clark is pointing to his removal from former President Trump’s latest indictment in the federal Jan. 6 case in a bid to keep his law license after a disciplinary board recommended it be suspended.
A superseding indictment filed by special counsel Jack Smith on Monday stripped references to Clark, a former Justice Department attorney Trump mulled installing as attorney general so he could investigate Trump’s baseless claims of election fraud in 2020.
The filing, made in the wake of the Supreme Court’s immunity decision, came after the court determined all of Trump’s conversations with Justice Department officials were a reflection of his official duties as president and therefore not prosecutable.
Clark is no longer among the unindicted co-conspirators in the case, something his attorneys wrote Wednesday means “Mr. Clark is not just unindicted, but unindictable.”
The comment comes in a letter as part of Clark’s fight to get a federal appeals court to review his disciplinary proceedings. A three-judge panel of the District of Columbia U.S. Circuit Court of Appeals already rejected the bid, and Clark is now asking for the full court to review the matter.
The D.C. Bar in April found that Clark violated ethics rules in helping Trump’s efforts to block the transfer of power and in August recommended his law license be suspended for two years.
Though Clark was not charged in the federal Jan. 6 case, he is charged alongside Trump in a state-level election interference case in Georgia and has pleaded not guilty. He has also tried to have that matter removed to federal courts, where he would again argue he is similarly immune from prosecution.
Updated at 1:24 p.m. EDT