This document discusses standards and rules regarding conflicts of interest for government lawyers and officials. It examines ABA Model Rule 1.7 on conflicts of interest that could limit a lawyer's representation. It also examines federal statutes regarding financial conflicts of interest for executive branch officials and whether they should apply to the President. The document discusses the history of these statutes and exceptions. It analyzes regulations regarding impartiality and recusal for federal employees in matters affecting their personal interests or relationships. Finally, it considers whether the Department of Justice could have an institutional conflict of interest.

1. Whistleblowing &
Government Lawyers
Kathleen Clark
May 19, 2017

2. Standards
for
Lawyers

3. ABA
Model
Rule
1.7

4. (a)
L shall not represent C
if there is significant risk that
the representation will be
materially limited
by a personal interest of L

5. (b)
Notwithstanding (a),
L may represent C if
reasonably believes can provide
competent & diligent rep
&
C provides informed consent

6. Material limitation
competent & diligent rep
Informed consent

7. Standards
for
Executive Branch
Officials

8. Financial
Conflicts of Interest

9. 18 USC § 207(a)

10. officer or employee
of
executive branch

11. [ Not contractors ]

12. can
not
participate
in a particular matter

13. proceeding,
application,
contract,
claim,
controversy,
charge,
accusation,

14. in which
he has a
financial
interest

15. Should this
financial conflict statute
apply to
the President
?

16. 1863

17. False
Claims
Act

18. no exception
for
President

19. 1962

20. President
Kennedy

21. proposal
exempted
Pres. & Veep

22. Congress
rejected
that
exemption

23. 1989

24. President
George H.W. Bush

25. broad
set
of
reforms

26. exempted
Pres. & Veep

27. adopted
without
discussion

28. Impartiality
Mandate

29. 5 CFR 2635.502

30. particular matters
with
specific parties

31. not participate
if . . .

32. likely to affect
financial interest
of
household member
or . . .

33. has a
“covered relationship”
with person who
is or represents
a party

34. “covered relationship”
household member;
relative w/ close personal relp;
financial relp other than
routine consumer transaction

35. DOJ reg:
personal recusal

36. 28 CFR 45.2(a)

37. Not participate in
investigation
or
prosecution
if . . .

38. personal
or
political
relationship

39. “Political relationship”
service as a principal
adviser to
candidate, party, or
campaign organization

40. personal
conflict
of
interest

41. institutional
conflict
of
interest

42. 28 CFR 600.1

43. AG
will appoint
Special Counsel
if . . .

44. US Atty’s Office
or
litigating division
has a
conflict of interest

45. How can a
US Atty’s Office
or
litigating division
have a
conflict of interest
?

46. 1999

47. demise of
Independent Counsel
statute

48. President, Veep
Cabinet member
Asst AG, high-level DOJ staff
high-level White House staff
presidential campaign officer

49. Does
DOJ
have an
institutional
conflict of interest
?

50. Conflicts of Interest:
Advocates &
Government Officials
Kathleen Clark
District of Arizona Annual Conference
Tucson
March 10, 2017