Ahead of the U.S. election, lawyers are locked in battles over accusations of ethics violations

 

With Donald Trump once again as the Republican nominee for president, his supporters have pushed back against a group called the 65 Project. This group, which aims to hold attorneys

accountable for baseless election claims, has become a target. America First Legal, a pro-Trump nonprofit, filed a bar complaint on Oct. 28 against Michael Teter, the 65 Project’s lead lawyer, accusing him of attempting to intimidate conservative lawyers. The complaint claims that Teter's actions are based solely on lawyers' representation of politically unpopular clients.

In response, Teter stated that America First Legal’s complaint demonstrates "the fear among those who would like to use the courts to subvert democracy." The body responsible for investigating lawyer misconduct in Utah, where Teter is licensed, declined to comment on the complaint.

These rival accusations highlight the pivotal role of lawyers as another contentious election approaches. Several attorneys involved in Trump’s failed 2020 efforts to challenge the election—based on unsubstantiated fraud claims—have faced disciplinary action or criminal charges. Trump has repeatedly stated that he cannot lose the upcoming election unless Democrats cheat, raising concerns that he may contest the results if Vice President Kamala Harris wins on Nov. 5.

The 65 Project, named after the 65 lawsuits filed to challenge President Joe Biden's victory, aims to dissuade lawyers from filing false election claims. In September, it pledged to spend over $100,000 on ads in legal journals in swing states, warning lawyers that they risk losing their licenses by assisting Trump.

America First Legal, founded by former Trump aide Stephen Miller in 2021, criticized these ads, accusing the 65 Project of trying to destroy conservative lawyers. Gene Hamilton, the nonprofit’s executive director, said, “Seeking the personal destruction and financial ruin of another lawyer simply because of the client he represented or the cause he took up runs counter to the law.” America First Legal did not respond to further questions from Reuters.

In one of its significant cases, America First Legal sued to force counties in Arizona to investigate roughly 44,000 voters who registered without proof of citizenship. A judge declined to rule in their favor before the election, and the group is now appealing.

Discipline and Dismissals

Since 2022, the 65 Project has targeted several lawyers. Of those, at least four have faced disciplinary action, while others have seen complaints dismissed in states like Georgia and Pennsylvania. The Georgia State Bar confirmed it dismissed two complaints after investigation. In contrast, the Pennsylvania disciplinary office did not respond to inquiries.

Although some of the lawyers targeted have not faced penalties, many are involved in ongoing election-related cases. Teter expressed frustration at the delays but said it hasn’t deterred their mission.

America First Legal received $44.4 million in contributions in 2022. The 65 Project’s funding details remain undisclosed, but Teter said it is supported by individuals and organizations committed to preserving the integrity of the legal system.

Concerns Over Election Integrity

Leading up to the election, Trump and his allies have inundated courts with lawsuits aimed at altering election procedures and cleaning voter rolls, asserting concerns over potential illegal voting. Despite their efforts, they have faced numerous court losses in recent weeks. However, some victories have been achieved, like a Pennsylvania judge’s extension for mail-in ballot requests and the Supreme Court’s ruling in favor of purging some Virginia voters from the rolls.

One notable legal setback involved Erick Kaardal, a lawyer known for challenging Biden’s victory in 2020. He filed a suit this year in Pennsylvania to alter rules for verifying overseas voters, alleging vulnerability to fraud. The case was dismissed, with the judge stating that hypothetical threats cannot justify legal action.

Kaardal, who has argued and won cases at the U.S. Supreme Court, denies any wrongdoing and maintains a clean disciplinary record. The 65 Project also filed complaints against Kaardal in Minnesota, though details of the investigations remain undisclosed.

Accusations of Intimidation

Other lawyers facing ethics complaints include Kenneth Klukowski, who allegedly assisted in efforts to block Biden's certification in 2020. Klukowski is currently challenging a Biden executive order to boost voter participation. William Bradley Carver, another lawyer targeted for being sworn in as a Trump elector in Georgia, had his complaint dismissed. Carver claimed the complaint was a tactic to intimidate Republicans and discourage younger lawyers from representing the party.

Despite the accusations, Teter emphasized that the 65 Project’s mission is nonpartisan, focused solely on preventing the misuse of the legal system. "The abuse of our legal system is what the premise of our work is," he said. Photo by Gage Skidmore from Peoria, AZ, United States of America, Wikimedia commons.


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