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DOJ proposes policy aimed at limiting state bar ethics probes into its attorneys

Signage outside the US Department of Justice (DOJ) headquarters in Washington, DC, US, on Friday, Feb. 17, 2023. (Ting Shen/Bloomberg via Getty Images)

(WASHINGTON) -- The Justice Department is proposing a new policy that would seek to limit the ability of state bar associations to launch ethics probes into DOJ attorneys, according to a new document posted Wednesday in the Federal Register. 

The proposal, which comes amid growing scrutiny of the department's attorneys and whether they're complying with ethical obligations in enforcing the Trump administration's agenda, would seek to empower Attorney General Pam Bondi to request that state bar investigations be suspended pending a DOJ review of any originating complaint. 

In the event the state bar authorities "refuse" to suspend their investigations, the proposal says, the Justice Department "shall take appropriate action to prevent the bar disciplinary authorities from interfering." 

It's not immediately clear what "appropriate action" the department could take to influence state-level proceedings, and the proposed rule does not elaborate further. 

The proposal argues that the bar complaint and investigation process has been "weaponized" by political activists in recent years to ensnare officials across DOJ's ranks into costly and time-consuming proceedings. 

"This unprecedented weaponization of the State bar complaint process risks chilling the zealous advocacy by Department attorneys on behalf of the United States, its agencies, and its officers," the proposed rule said. "That chilling effect, in turn, would interfere with the broad statutory authority of the Attorney General to manage and supervise Department attorneys." 

A Justice Department spokesperson did not immediately respond to a request for comment from ABC News.

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