Questions for the Hour 1
Musing for the ABA and others
As I worry about what is going to happen to the government of the United States of America, I came upon an idea worth mentioning.
It is my belief that the American Bar Association (ABA) should be playing an outsized role in today’s situation. The ABA professes to work to uphold the law that is consistent with the Constitution. Turns out, this role they play could now be vital.
Hear me out. The ABA has been disbarring lawyers for years. According to US News, All attorneys even private ones are officers of the court who have taken an oath to uphold the rule of law.
According to U.S. News, s I understand it and I quote, “Attorneys cannot interfere with the administration of justice. For example, they must be truthful. They cannot engage in deceitful conduct when representing their clients.They cannot file false or meritless pleadings. Therefore, since no one is above the law, the bar has to discipline lawyers for bad faith conduct, Feiner says.”
Quora reports and I quote, “Lawyers must take an oath that is very similar to the military oath. A lawyer swears to protect and defend the constitution of the United States.”
As I toss that information around my brain, I have a suggestion.
The ABA should make a list of all attorneys that are currently in violation of the law and the Constitution and notify them that they will be investigated and if their actions do not protect and defend the Constitution of the United States, they will be recommended for disbarment or other sanctions.
What I see reported indicates that the ABA may not been doing its due diligence.If I’m wrong, please provide me with the facts as I’m just a private citizen afraid for the future of our country.
The Supremes wrote an opinion that the President is immune to certain things. If the President orders an officer of the court to do something illegal and against the Constitution, should a lawyer do it? And if they break the law by doing what he ordered, shouldn’t they be held to account? If there is no accountability, what are we left with then?For that matter, if a President orders the military to do something illegal and against the Constitution, are they required to do it? As I understand it the military’s loyalty lies with the Constitution; The rub is that the Constitution gives the President the power to direct the military. The problem is that if the President takes action contrary to the Constitution, where does that leave the military and us? if it is within the rights of the military to refuse, wouldn’t it also be right with the ABA to interfere?
Feel free to respond to this post.
Love your thoughts. I still struggle with Substack.
This is a great idea, at least on the face of it for a non-lawyer like me. I see it as an important thought exercise. I am surprised I haven't heard any of the legal eagles address it in their Substacks and on TV.
Maybe there is something that precludes this being done. Remember when Nixon said "if a president does it, it is legal?" Maybe that's what lawyers who violate the Constitution think when they go along with his order.
However, thinking on Nixon, I am reminded of The Saturday Night Massacre, the series of events on October 20, 1973, during the Watergate scandal. Of course this was when President Nixon ordered the firing of Special Prosecutor Archibald Cox. It lead to the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus. They were acting ethically and the way any good lawyer should. Had they agreed to fire Cox could they have been disbarred?
We know that soldiers must not obey illegal orders. Are not the lawyers working for the Department of Justice and the FBI, where some agents are lawyers, similarly required not to disobey illegal orders? Again, as a non-lawyer, it seems to me that since summarily firing someone protected by Civil Service is not legal, and refusing to do so is legal.
I don't know how this spate of vengeance firings will play out. Perhaps people will be disbarred. I expect that there will be even more civil lawsuits. The National Treasury Employees Union, which represents 150,000 federal workers, filed a lawsuit last week claiming that Trump failed to justify carving out new exemptions from civil service. AFSCME and the American Federation of Government Employees filed a lawsuit against the Trump administration, challenging its efforts to politicize the civil service through illegal executive orders.
There must be a full-court press against what Trump is attempting to do as he follows the Project 2025 playbook to purge the government of anyone deemed disloyal and turn the country into a ruthless dictatorship.