With the federal executive branch in Republican hands, Democrat lawfare is being waged in venues the left still controls, such as bar disciplinary processes in left wing jurisdictions. D.C. voted Democrat more than 90% against Trump all three times he was on the ballot - the most lopsided margin in the country to have it's own Bar, and one that covers the many thousands of lawyers working in the HQ of the national government.
The doctrine of federal supremacy protects the federal government and its employees from obstruction and harassment by hostile local officials. This is taught in the first week of constitutional law classes starting with the Supremacy Clause and McCullough v. Maryland. It is the animating principle of ~180 years of federal officer removal law under 28 USC 1442 and its predecessor statutes (at least until the ridiculous decision in Meadows v. Georgia in the 11th Circuit).
The District of Columbia was itself created to insulate the federal government from hostile neglect or abuse by a state government that would not come to its aid in a time of need.
Now, however, the federal government is headquartered in one of the most hostile jurisdictions in the country. Bar discipline is being weaponized to hobble the administration by destroying key officials, intimidating others from the vigorous execution of their duties, and deterring still others from even joining the government.
McCullough v. Maryland held in 1819 that: “[N]o principle of [state power] … can be admissible, which would defeat the legitimate operations of a supreme government.”
There are literally "many such cases" holding that states cannot impede the operations of the federal government such as but not limited to prosecuting or fining or otherwise impeding its officers in the execution of their duties. For D.C. as the seat of government, it's just the same, only more so.
But that's exactly what's going on with Bar warfare, or perhaps we could call it "Barfare."
The authority of the D.C. Bar over federal lawyers is extremely dubious. Until the McDade Act was passed in an omnibus spending bill in 1998, DOJ's position was that state or local disciplinary authority over DOJ lawyers was barred by federal supremacy. The McDade Act granted disciplinary authority to the states but the statute conspicuously omits D.C. in contrast to many other statutes that specifically refer to both the States and DC when they so choose. Under ordinary rules of statutory construction, the statute does not grant such authority to D.C., the ruling of the D.C. Court of Appeals to the contrary notwithstanding.
In 1999 Janet Reno's DOJ issued regulations at 28 C.F.R. Part 77 implementing the McDade Act. In 28 C.F.R. Section 77.2(h) the reg purports to extend disciplinary authority to D.C despite the omission such authority from the statute. This was obviously a Chevron step 1 violation, and after Loper Bright, there is simply no excuse for so plainly exceeding the scope of the statute. Neither agencies nor courts can replace omissions in statutes.
Moreover, even if the statute and the regulations properly give the D.C. Bar authority over federal lawyers, their terms require federal lawyers be treated equally with non-federal lawyers and disciplined only to the same extent and for the same conduct as local lawyers. That ship sailed a long time ago.
DOJ can put a stop to this by rescinding 28 C.F.R. 77.2(h), which is unconstitutional on grounds of (1) supremacy and (2) separation of powers. It is also erroneous as a matter of statutory interpretation. DOJ could also rescind the regulation on the ground that its (and the statute's) requirement of equal treatment is being egregiously violated. The federal government's acquiescence to the McDade Act should also be reconsidered on supremacy grounds. D.C. is not the only hostile jurisdiction resorting to Barfare.
Federal supremacy cannot be reconciled with a local bar association claiming punitive authority over confidential internal deliberations by the President of the United States with his senior legal advisors that occur within the zone of his exclusive and preclusive authorities under Article II.
If this is not stopped, every attorney in DOJ who offends liberal pieties is at risk, even for confidential drafts that never even leave the office.