The top Democrat on the Senate Judiciary Committee has filed a misconduct complaint against Ed Martin, the interim U.S. attorney for Washington, D.C. over his alleged review and communication with Jan. 6 defendants and their prosecutions after taking his new job.
In a letter to the Office of Disciplinary Counsel at the District of Columbia Court of Appeals, Sen. Richard J. Durbin, Illinois Democrat, joined by fellow Democrats on the Judiciary Committee, requested a misconduct investigation into Mr. Martin for continuing to communicate with previous Jan. 6 clients and defendants.
They also say he is chilling federal employees’ constitutional rights by requiring Jan. 6 prosecutors to identify themselves and hand over documents related to the cases involving an obstruction charge that was shot down by the Supreme Court last year.
“Mr. Martin created an appearance of impropriety,” the letter read.
They say Mr. Martin has violated a professional conduct rule that prohibits representing a client if “[t]he lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party,” as Mr. Martin has been representing Jan. 6 defendants after his appointment as interim U.S. attorney.
The letter cites an example where Mr. Martin filed a court record on behalf of a client Feb. 4, after being appointed Jan. 27.
The Democrats also allege a violation of a rule that bans “conduct that seriously interferes with the administration of justice.”
The letter also complains about Mr. Martin supporting Elon Musk’s request as he reviews government efficiency, and a request to former special counsel Jack Smith and his team to “[s]ave your receipts.” Mr. Smith prosecuted President Trump over his alleged federal election fraud case and his alleged mishandling of classified documents in Florida. Both cases have been dropped.
“Mr. Martin’s conduct not only speaks to his fitness as a lawyer; his activities are part of a broader course of conduct by President Trump and his allies to undermine the traditional independence of Department of Justice investigations and prosecutions and the rule of law,” the letter read.
“When a government lawyer, particularly one entrusted with a leadership role in the nation’s foremost law enforcement agency, commits serious violations of professional conduct, it undermines the integrity of our justice system and erodes public confidence in it,” it said.
Mr. Martin’s office did not immediately respond to a request for comment.
The Office of Disciplinary Counsel in Washington also did not immediately respond to an inquiry about the requested probe.
