showcased the high bar prosecutors must reach in their effort to prove alleged crimes the former president and others are accused of committing in the buildup to the. The disbarment trial continued for a third day on Thursday with a witness called by Clark’s defense, Donald Elliot, a Yale legal expert who said punishing the former DOJ official would set a dangerous and “chilling” precedent.
“Because I think it’s important that we have the free and open exchange of ideas within agencies … I think about many ideas that are ultimately not accepted,” Elliot said Thursday. Friction between Clark and his superiors Rosen, along with Rosen’s acting deputy Richard Donoghue, reached a new level during Jan. 2. and Jan. 3, 2021, meetings at the DOJ main facility and White House, Rosen said Wednesday.
However, one of Trump’s top attorneys in his federal and New York cases, Todd Blanche, instructed Clark to “maintain President Trump’s executive privilege and other related privileges, including law enforcement privilege, attorney client privilege, and deliberative process privilege,”that Rosen’s point of view about Clark’s role in the DOJ sets a “very dangerous” precedent.
Clark is an unindicted co-conspirator in the four-count federal indictment against Trump in Washington, D.C., which accuses the former president of plotting an attempt to overturn the results of the 2020 election. He was charged alongside Trump in August last year in the sweeping Fulton County, Georgia, racketeering indictment, which accuses him of violating the state’s racketeering laws and criminal attempts to make false statements in writings.
For example, Clark’s attorney pressed Rosen during the hearing Wednesday on whether officials at the DOJ actually investigated the specific concerns Clark raised in the weeks after November 2020 about election integrity issues, such as a question about signature matching on ballots cast in Fulton County, Georgia.
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