3 Lawyers in the News: Michael Sussmann, Jeffrey Clark, John Eastman – the Ethics & Evidence Issues

Stephen Gillers and Barbara S. Gillers discuss three lawyers who have been in the news for alleged conduct in connection with the presidential contests of 2016 or 2020.

Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.

Listen on Apple Podcasts here, Google Podcasts here, Spotify here, or Stitcher here.

Reference List for Podcast #8: 3 Lawyers in the News: Michael Sussmann, Jeffrey Clark, John Eastman – the Ethics & Evidence Issues

Model and New York Rules of Professional Conduct 1.2(d), 4.1(a) and 8.4(c),

D.C. Rules of Professional Conduct 8.4(a), (c) and (d)

California Professional Conduct Rules 4.1 and 1.2.1

Federal Rules of Evidence 801 and 803

18 U.S.C. § 1001

ABA Formal Opinions 85-352 and 20-491

U.S. v Benjamin, 328 F.2d 854 (2d Cir. 1964)

Indictment, U.S. v Michael Sussman, accessible by searching: united-states-v-michael-sussmanindictment.pdf

House January 6 Committee press release on Jeffrey Clark: https://january6th.house.gov/news/press-releases/select-committee-subpoenas-former-justice-department-official-jeffrey-clark-0

Disciplinary Complaint filed in D.C. against Clark filed by Lawyers Defending American Democracy (LDAD) https://ldad.org/letters-briefs/jeffrey-clark-ethics-complaint

Letter and Disciplinary Complaint filed in California against John Eastman, available here: https://www.washingtonpost.com/context/read-cover-letter-and-complaint-filed-against-johneastman-with-california-bar-officials/1b5ef9ce-1999-4d86-aa73-7eaa0615d61a/?itid=lk_interstitial_manual_5