“I disagree with Mr. Clark on that, I think the client is the Department of Justice and the American people, not necessarily the president,” E. Donald Ellio stated last week.
I understand the president leads the executive branch. I know this is a contentious issue in administrative and constitutional law.” Clark's lawyer argued during closing arguments that his client was really expressing his electoral views and did not act dishonestly.
Last week, former Deputy White House Counsel Pat Philbin testified that he sought to persuade Clark that helping Trump stay in office would ruin his career. Harry MacDougald, Clark's lawyer, said Clark felt obligated to express concerns about the election results.
"Most Washingtonians don't do their jobs at the expense of their careers," MacDougald told the panel.
Throughout his argument, MacDougald highlighted Clark's draft letter claiming the Justice Department had uncovered “significant concerns that may have impacted the outcome of the election in multiple states.
His lawyer said Clark would have sent the letter to Georgia's governor and House and Senate leaders if Trump had designated him acting attorney general.
According to MacDougald, the draft letter was a proposal for internal discussion and was never transmitted or made public. Punishing Clark for proposing it would be a "pure thought crime."
"Lawyers nationwide are following this case," MacDougald added. We need brave lawyers. You may disagree with Mr. Clark, but if he gets riled up over a confidential, internal proposal that never gets out, where do you stop?" "While you may not like Mr. Clark as the man who stood apart from the crowd in this case, there may be a situation in the current administration or a future administration where a lawyer is against the crowd and they need to be protected," he said.
States United Democracy Center senior attorney Gillian Feiner said the board's preliminary conclusion "is another step towards holding Clark accountable" for harming democracy and the rule of law.
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