WASHINGTON, D.C. — The Justice Department proposed a rule that would allow the attorney general to oversee and potentially delay state bar investigations into federal prosecutors. The rule would give the attorney general power to request a first review of complaints filed against current or former federal prosecutors for actions taken while working for the department.

Federal prosecutors can be subject to investigations by state bar associations, which license and discipline attorneys. Justice Department officials said there has been a recent surge in politically motivated bar complaints targeting government lawyers.

"Over the past several years, political activists have weaponized the bar complaint and investigation process," the Justice Department said. "This unprecedented weaponization of the State bar complaint process risks chilling the zealous advocacy by Department attorneys on behalf of the United States, its agencies, and its officers. That chilling effect, in turn, would interfere with the broad statutory authority of the Attorney General to manage and supervise Department attorneys."

The proposed effort follows an executive order from President Trump stating that United States policy is to identify and take appropriate action to correct past misconduct by the federal government related to the weaponization of law enforcement.

The proposed rule was issued while Pam Bondi was leading the Justice Department. Trump removed Bondi as Attorney General on April 2. Complaints had been filed against Bondi in Florida alleging she pressured department attorneys to act unethically. The Florida Bar declined to investigate a complaint filed by Lawyers Defending American Democracy, which alleged Bondi compelled department lawyers to violate their ethical obligations and pursue political objectives. Bondi remains in good standing with the Florida Bar.

Ed Martin, Trump's pardon attorney, is facing disciplinary proceedings with the Washington, D.C., bar over allegations he broke several ethics rules, including violating his oath of office after swearing to support the Constitution. Martin has attempted to move his disciplinary case from the D.C. bar to federal court.

A Washington, D.C., disciplinary appeals board recommended last summer that Jeffrey Clark be disbarred for flagrant dishonesty. Clark was a senior department attorney and head of several departments when he attempted to oust acting Attorney General Jeffrey Rosen to help Trump overturn the 2020 election results.

"There's a great concern that these attempts to avoid accountability will de-legitimize the processes that have traditionally regulated lawyers," said Michael Frisch, ethics counsel at the Georgetown University Law Center. "It violates a 1998 federal law called the McDade-Murtha Amendment." Congress passed that amendment in 1998, requiring federal prosecutors to follow state and local federal court rules of professional responsibility where they worked. Frisch said any finalized rule could be subject to legal challenge under the McDade-Murtha Amendment.

Both the Bush and Clinton administrations rolled out policies that exempted federal prosecutors from some state ethics rules, including the Reno Rule from Attorney General Janet Reno. Those efforts faced opposition from Congress that blocked them.