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Holder Bar Complaint

Holder Bar Complaint

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Published by dcodrea
Ethics complaint to DC Bar based on contempt of Congress finding
Ethics complaint to DC Bar based on contempt of Congress finding

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Categories:Types, Letters
Published by: dcodrea on Jul 03, 2012
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07/15/2014

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July 2, 2012Office of Bar CounselBoard on Professional ResponsibilityDistrict of Columbia Court of Appeals515 5th Street NWBuilding A, Suite 117Washington, DC 20001In re: Ethics complaint against member Eric H. Holder, Jr.Dear board members,This letter serves as notice that a complaint is being filed against one of your members for professionalmisconduct. A search of your website at http://www.dcbar.org/ shows Eric H. Holder, Jr., currentlyAttorney General of the United States, has been an active DC Bar member since he was admitted onJanuary 23, 1980.As per your professional standards published as Rule 8.4, “Misconduct,” athttp://www.dcbar.org/for_lawyers/ethics/legal_ethics/rules_of_professional_conduct/amended_rules/rule _eight/rule08_04.cfm, “It is professional misconduct for a lawyer to:(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;(b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as alawyer in other respects;(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;(d) Engage in conduct that seriously interferes with the administration of justice;(e) State or imply an ability to influence improperly a government agency or official;(f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of  judicial conduct or other law; or (g) Seek or threaten to seek criminal charges or disciplinary charges solely to obtain an advantage in acivil matter.”It would appear that several, if not all of these rules, have been violated as evidenced by Eric Holder having been found in contempt of Congress on June 28, 2012 “for refusal to comply with a subpoena dulyissued by the Committee on Oversight and Government Reform” (Note House Calendar No. 140/Report112-546 appearing at: http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt546/pdf/CRPT-112hrpt546.pdf).As per Rule 8.5, “Rule 8.5—Disciplinary Authority; Choice of Law,” athttp://www.dcbar.org/for_lawyers/ethics/legal_ethics/rules_of_professional_conduct/amended_rules/rule _eight/rule08_05.cfm, which states in part “A lawyer admitted to practice in this jurisdiction is subject tothe disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs,” and due tothe seriousness of this misconduct, we, as citizens of the Republic, with an interest in ensuring fullaccountability for the legal conduct of government officials, feel compelled to issue a formal complaint inaccordance with your established filing protocol athttp://www.dcbar.org/for_the_public/working_with_lawyers/when_problems_arise/filing.cfmBecause of the serious political ramifications involved, and because some on the Board may besympathetic to AG Holder’s positions and hostile to those of the House contempt charges, and in order to
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ensure that this complaint receives proper attention and is not ignored through deliberate indifference, weare making a copy of this letter publicly available via our respective websites,SipseyStreetIrregulars.blogspot.com and DavidCodrea.com.Further, it appears your own rules may remove any discretion and require an investigation. As per RuleXI, “Disciplinary Proceedings,” Section 10, “Disciplinary Proceedings Based Upon Conviction of Crime,” at http://www.dcbar.org/inside_the_bar/structure/bar_rules/rule11.cfm:
 
(a)
 Notification.
If an attorney is found guilty of a crime or pleads guilty or 
nolo contendere
to a criminalcharge in a District of Columbia court, the clerk of that court shall, within ten days from the date of suchfinding or plea, transmit to this Court and to Bar Counsel a certified copy of the court record or docketentry of the finding or plea. Bar Counsel shall forward the certified copy to the Board. Upon learning thatthe certified copy has not been timely transmitted by the clerk of the court in which the finding or pleawas made, or that an attorney has been found guilty of a crime or has pleaded guilty or 
nolo contendere
 
 
toa criminal charge in a court outside the District of Columbia or in any federal court, Bar Counsel shall promptly obtain a certified copy of the court record or docket entry of the finding or plea and transmit itto this Court and to the Board. The attorney shall also file with this Court and the Board, within ten daysfrom the date of such finding or plea, a certified copy of the court record or docket entry of the finding or  plea.”“(b)
Serious crimes.
The term ‘serious crime’ shall include (1) any felony, and (2) any other crime a
 
necessary element of which, as determined by the statutory or common law definition of such crime,involves improper conduct as an attorney, interference with the administration of justice, false swearing,misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion,
 
misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a ‘seriouscrime.’"While District of Columbia courts have not (yet) been involved, there is no question that the Congress hasfound the Attorney General guilty of contempt under conditions that rise to your definition of “seriouscrime.” It would also appear that Attorney General Holder is required to report the contempt finding toyou within the ten day requirement, and that the Bar “shall” investigate this matter.Please give this matter your immediate attention and we look forward to receiving your formal writtenresponse.Sincerely,David Codrea Mike VanderboeghEnclosure: Complaint form
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Details responsive to Office of Bar Counsel form by section (see following pages for front andreverse)
Date: July 2, 2012A.Name/Address/PhoneMr. David N. CodreaMr. Michael B. VanderboeghAddress/Codrea: PO Box 244, Hudson, OH 44236Address/Vanderboegh: P.O. Box 926, Pinson, AL 35126.Telephone/Codrea: [REDACTED FROM ONLINE COPY]Telephone/Vanderboegh: [REDACTED FROM ONLINE COPY]B.Attorney Complained Of:Eric H. Holder, Jr.U.S. Department of JusticeAddress: 950 Pennsylvania Avenue, NW Washington, DC 20530-0001Telephone: 202-514-2000C.No.D.No.E.Not Applicable.F. Yes. See House Calendar No. 140, Report 112-546 at:http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt546/pdf/CRPT-112hrpt546.pdf G.Details of Complaint:Professional Misconduct- “RESOLUTION RECOMMENDING THAT THE HOUSE OFREPRESENTATIVES FIND ERIC H. HOLDER, JR., ATTORNEY GENERAL, U.S.DEPARTMENT OF JUSTICE, IN CONTEMPT OF CONGRESS FOR REFUSAL TOCOMPLY WITH A SUBPOENA DULY ISSUED BY THE COMMITTEE ON OVERSIGHTAND GOVERNMENT REFORM”Passed by House of Representatives by roll call vote on June 28, 2012The Undersigned herby certif[y] to the Office of the Bar Counsel that the statements in the foregoingComplaint are true and correct to the best of [our] knowledge.SIGNATURES: _____________________________________________________________________ David CodreaMichael Vanderboegh
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