DOJ wants to shield its lawyers from outside scrutiny. Critics worry about oversight [View all]

Source: NPR

April 25, 2026 5:00 AM ET


The Justice Department wants to oversee the discipline of its attorneys — even as government lawyers face more questions from judges and watchdogs about their conduct. A DOJ rule that would allow the attorney general to step in and potentially delay state bar investigations into federal prosecutors has sparked a flurry of comments from attorneys general around the country, as well as from former prosecutors, legal ethics experts and judges.

Critics say allowing the department to delay or sideline state investigations weakens one of the last independent checks on government lawyers.

Michael Frisch, ethics counsel at the Georgetown University Law Center, sees this move "as part of a broad attack on the rule of law and … on the concept that lawyers should be ethically accountable for their actions. I think there's a great concern that these attempts to avoid accountability will de-legitimize the processes that have traditionally regulated lawyers.". Additionally, he said, it violates a 1998 federal law called the McDade-Murtha Amendment. That means any rule — once finalized — could be subject to legal challenge.

Under the current system, federal prosecutors can be subject to investigations by state bar associations, which license and discipline all attorneys. The proposed change would give the attorney general power to request a first review of complaints filed against current or former federal prosecutors for their actions while working for the agency.

Read more: https://www.npr.org/2026/04/25/g-s1-118356/justice-department-ethics-rules-state-bar