🚨 The DOJ Wants to Police Itself. We Have Until April 6 to Comment.
Deadline: April 6, 2026.
A simple to use tool and full analysis are at the bottom of this post.
The Department of Justice has proposed a rule that would let the Attorney General intercept every ethics complaint filed against her own attorneys — and order state bars to stand down until her office finishes its own review first.
Read that again.
The same office being accused decides whether the investigation proceeds.
This is not a minor regulatory tweak buried in the Federal Register. This is the DOJ proposing to place its own attorneys above the independent oversight that applies to every other lawyer in America. The mechanism that keeps federal prosecutors accountable — state bar discipline — would be suspended on the AG’s command.
This Is What the Rule Actually Does
Under proposed §77.5, the Attorney General claims a “right of first review” over all bar complaints against current and former DOJ lawyers. State bars must wait. If a bar refuses to stand down, the DOJ is authorized to take “appropriate action” to stop it.
The DOJ’s own internal watchdog — the Office of Professional Responsibility — would conduct that first review. OPR reports directly to the Attorney General.
The accused’s boss investigates the accused. Then decides whether anyone else gets to investigate.
Why Your Comment Matters More Than You Think
This is a proposed rule under the Administrative Procedure Act. That means it is not yet law. It cannot become law until the DOJ reads and formally responds to every substantive public comment on the record.
Courts have struck down federal rules specifically because agencies ignored or inadequately addressed public objections. Your comment is not a petition — it enters the official legal record and can be cited in any court challenge. You can submit as an individual, an organization, or completely anonymously.
The comment period closes April 6, 2026. After that, this door closes permanently.
One Click. Sixty Seconds. Done.
We’ve written a comment which you can edit, or write your own. It’s ready to copy and paste directly into regulations.gov. The whole process takes about a minute.
→ Submit your comment now — doj-bar-rule
The page has the full comment pre-written, a live countdown clock, a one-tap copy button, and a direct link to the submission form.
Want the Full Analysis?
We’ve broken down all four ethical charges against this rule — including how it inverts the McDade Amendment, why self-policing isn’t policing, and how the rule’s own framing reveals what it’s really protecting.
→ Read the full analysis — doj-bar-rule-full-analysis
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