While the State Bar of Arkansas takes a wait-and-see attitude on a complaint seeking the disbarment of President Clinton, efforts are under way to force the issue in court.
The Southeastern Legal Foundation filed a formal complaint with the
State Bar of Arkansas last month, charging that attorney Bill
Clinton repeatedly violated his oath of professional responsibility
and ethics.
Regardless of what Congress does or does not do, the Southeastern
Legal Foundation intends to move forward to disbar Clinton, according
to it’s president, Matthew J. Glavin.
“As officers of the court, lawyers swear an oath to tell the truth,
defend the Constitution, and live by the laws that govern us all,”
said Glavin. “When a lawyer becomes an elected official, that duty
is raised to a higher level, as public confidence in our system of
laws becomes an issue. When a lawyer violates his professional oath,
lies before a court of law, and undermines public confidence in the
rule of law, that lawyer should be punished.”
The complaint was filed with the Supreme Court Committee on
Professional Conduct, which governs attorneys in Arkansas. That
committee has taken no action on the complaint, prompting Glavin to
seek help through the court itself.
“It’s moving very slowly,” Glavin told WorldNetDaily in a phone
interview. “The Arkansas Bar is waiting to see what happens in
Washington.”
The complaint was delivered to James A. Neal, executive director of
the Arkansas Commission on Professional Conduct. Neal refused to
confirm or deny whether or not he had received the complaint, adding
that it was standard policy to keep complaints confidential in
Arkansas. He also noted that his office is concerned with protecting
the public from obtaining the services of bad attorneys. Since
Clinton is not providing legal services to the public, there may not
be an urgency to act, Neal implied.
Speaking in general, Neal said in such cases he would wait
for other investigations to complete themselves before taking
action. He mentioned he has limited resources to conduct his own
investigation.
“It would be reasonable to expect that some evidence might be
produced in that proceeding that would be helpful in the
determination either way. Either helpful to the attorney complained
against, or perhaps adverse to his position. Normally we wait for
the conclusion of those matters. We do not have a statute of
limitation so we’re not required to file in a certain period of
time,” said Neal.
The investigation should be a simple one. Clinton does not have to
be indicted, convicted, or impeached to be disbarred. The evidence
submitted to the Arkansas Bar is said to be substantial and easy to
recognize as being sufficient to disbar Clinton, according to
Glavin.
He says that Neal must take action now rather than wait, and he is
considering three different strategies to legally move things along.
“One, we could file a writ of mandamus,” explained Glavin. “Which
would simply try to force the bar to act. The second option would be to
file a motion asking the judge to notify the rules committee that a
member of the bar violated the rules of ethical conduct and lied
under oath.”
“Our third option was to begin another front and have the president
removed from the Supreme Court bar. We all assumed he was a member
of the Supreme Court bar. He was attorney general of Arkansas.”
“I called up, and you know what? He has never ever been a member of
the Supreme Court bar. He never ever practiced before the Supreme
Court. I don’t know how you do that as attorney general. The state
had cases that went up. How do you not go before the Supreme Court
as attorney general?”
“We were absolutely astonished. So we can’t do that,” explained
Glavin.
The Southeastern Legal Foundation commissioned an exit poll on this
past election day. The poll of 1,000 voters, conducted by John
McLaughlin & Associates, Inc., showed that 63 percent of American voters
believe that Clinton should lose his attorney’s license to practice
law if he admits to lying under oath or is found guilty of lying
under oath. Respondents were 39.2 percent self-identified Democrats, 38.2 percent Republicans, and 16.3 percent said they are independents. The poll had a 3.1 percent margin of error.
“The majority of the American people firmly believe that President
Clinton should be punished by revoking his license to practice law
if he is found guilty of lying under oath,” said Glavin. “When a
lawyer violates his professional oath, lies before a court of law,
and undermines public confidence in the rule of law, that lawyer
must be punished.
“Holding accountable fellow officers of the court is not a
privilege, it is a duty, and Southeastern Legal Foundation intends
to do its duty on this issue regardless of what Congress decides.”
One senator has suggested that impeachment should be dropped in favor of disbarment as punishment.
Sen. Arlen Specter, R-PA, said he does not believe the Senate will
have enough votes to impeach Clinton, so he has suggested that the House
halt the impeachment inquiry and leave Clinton to the criminal
justice system, after his term ends. He added that Congress may wish
to discuss various punishments for Clinton, including taking away
his license to practice law.
Specter’s suggestion was immediately rejected by members of the
House Judiciary Committee, where plans for impeachment hearings are
moving forward. Chairman Henry Hyde, R-IL, told reporters that he
has no plans to alter the Constitutional mandate he is following.
Neal confirmed to WorldNetDaily that any citizen, living in any
state, may add their name to the complaint filed by Glavin’s group.
That process is a technical one, which must follow certain guidelines
in order to be valid. Anyone who adds their name to the complaint
will receive a verification from the Arkansas Bar, and will be
notified of the determination when it is made.
Founded in 1976, Southeastern Legal Foundation is an Atlanta based
public interest law firm which advocates limited government,
individual economic freedom, and the free enterprise system in the
courts of law and public opinion.
“Our mission is to engage in litigation and public policy advocacy
in support of these principles,” explained Glavin. “We look for
cases and issues in which our involvement makes a difference, not
just to the parties involved, but also on the policies and issues in
dispute. We believe that the U.S. Constitution is a complete
document, creating limits on government.
“When government — federal, state, and local — goes beyond the
constitutional limits, we are there to enforce constitutional
limitations. We are not a single-issue organization; rather, we are
a conservative public interest law firm dedicated to creating
binding legal precedent and positive public policy change for all
Americans.”
See Southeastern Legal Foundation website.
http://southeasternlegal.org and operates through public donations.
David M. Bresnahan ([email protected]) is a contributing editor of
WorldNetDaily.com, is the author of “Cover Up: The Art and Science
of Political Deception,” and offers the monthly newsletter “Talk USA
Investigative Reports.” The December issue of “Talk USA Investigative Reports” will contain instructions on how to file a valid complaint with the Arkansas Bar.
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