reow.uev ane Congress of the United States ‘cours ow, ‘House of Representatives: "cart ‘Washington, BE 20515-0533 July 10", 2017 Doug MeEWvy ‘Acting General Counsel ‘Alabama State Bar 415 Dexter Avenue Montgomery, AL 36104 Dear Mr. McElvy: | write garding the conduct of Attorney General Jefferson Sessions II, who was admitted 10 the Alabama State Bar on September 24, 1973.' Asa Member of Congress serving on the Judiciary Commitee, I believe respect forthe rule of law and proper oversight of our judicial system are vial to healthy democracy. Therefore, | would like to call your attention to several actions taken by Attomey General Sessions that appear to have violated Alabama Rules of Professional Conduct 1.11 (“Successive Government and Private Employment”), 3.3 ("Candor ‘Towards the Tribunal”) and 8.4 Misconduct”) I respectfully ques this letter be included for the record in any potential existing or future investigation into Attomey General Sessions.’ Rule 1.11 ~ Successive Government and Private Employment: The Alabama Rules of Professional Conduct establish clear rules for attomeys who purste government employment. Rule I-11 states that a lawyer shall not “participate ina matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment.” The definition of "matter" includes “any other matter covered by the conflict of intrest rules of the appropriate government agency" inthis ese, the Deparment of Justice's conic of intrest rules’ The Attomey General's significant roe inthe Trump camraign is analogous to an attomey working in private practice ~ or “nongovernmental employment” ~ prior to taking a ‘government position, Asa prominent Trump surrogate and senior advisor, as well as subsequent teabinet nominee, he personally and substantially participated in the campaign, ‘The Comment accompanying the rule further explains that lawyers representing a government agency are “subject to Rule 1.11 and to statutes and government regulations regarding conflict of| interes.” Under 28 U.S.C. § 528, the Attomey General “shall promulgate rules and regulations Alabura State Ba, Find A Member," ees B. Session, I »xlama ules of Profesional Condes.” Sypreme Cour and Site Law Litrary, Alabama Sate Bu. * necae{ belee thi mater f grea pubic interest, donot ted hs tr ob confidential ro invoke le 30 J le |; Successive Goverment and Private Employment Alabama Ruler of Profesional Conduct *whieh require the disqualification of any officer or employee of the Department of Justice from participation ina particular investigation or prosecution if such participation may result ina personal, financial, or political conflict of interes, or the appearance thereof ”* Hoaving established thatthe Attomey General is subject to both DOJ and ASB conflict of interest rules, itis incumbent upon the Disciplinary Commission to consider Mr. Sessions’ failure to abide by the terms ofhisrecusal from all maiters related tothe 2016 election inthe context of his role in firing former FBI Director James Comey. (On March 2, 2017, the Department of Justice Office of Public Affairs released statement on the Attomey General's recusl from “any existing or future investigations of any matters related in any way o the campaigns for President ofthe United States.” It is deeply disturbing that Mr. ‘Comey’s firing —in which Mr. Sessions played a role by crafting a cover letter for Deputy ‘Attorney General Rosenstin’s memo urging Mr. Comey's firing ~ appears to have been based, in part, on Mr. Comey's handling of the ongoing FBI investigation into Russian meddling inthe 2016 elections. ‘Whereas Mr. Sessions originally claimed the firing of Mr. Comey related to his handling of the Hillary Clinton email investigation, President Trump confirmed during an NBC interview with Lester Holt that he fired Mr. Comey with the FBI's investigation into Russia's involvement in the 2016 election (in which Mr. Sessions played a crucial role) in mind” Ultimately, whether the ecision to fire Mr. Comey was due to his handling ofthe Hillary Clinton email investigation or ‘the Russia counterintelligence investigation, its clear that Attomey General Sessions should not have been involved pursuant to federal conflict of interest laws — which are eovered by Rule 1.11 ‘of the ASB Rules ~ given his involvement in the campaign. Rule 55— Candor toward a tribunal: It was widely reported following his Senate ‘confirmation hearing that Atiomney General Sessions misrepresented his relatienship with Russian Ambassador Sergey Kislyak when asked under oath whether he had “communicated withthe Russian government” by Senator Al Franken.'” Attomey General Sessions responded that he "did not have communications with the Russians, and I'm unable to comment on it" As the Washington Post later reported, the Atioey General had infect met with Russian ‘Ambassador Sergey Kislyak twice and possibly a third time (which Mr. Sessions denies) st the Mayflower Hotel in Washington, D.C in April 2016, a which point Mr, Sessens was slzeady serving as an aide o the Trump campaign. *°28 US, Code §528- Disqualification of officers and employes ofthe Deparnent of usc, Instat, Comell Law Schoo. trey General Sessions Statement on Retusal" Department of ice Ofc of Public Afars, March 2, 2017 " Leon Nef “Sessions Sticks His ition,” Soe, Jue 13, 207 “rams Grif, "Trump sys he cosiere "is Rosia thing” before fring FBI Diector Come 2017. ' Pitip Bump, “What ef Session suid about Rusia, and when” Washington Post, March 2, 2017 "NPR Polis "Senater Al Franken Responds o Atorney Generale Sesions Testimony." NPR June 13,2017 " Aaa Emous Ellen Nakashima and Greg Mil, "Sessons et Wh RUSSan envoy EWI Yer, encouters ‘elite didnt dslosa"Washingeon Past, March 1, 2017 eg! Information CNW May 12,The Attorney General's false statement under oath cen, under Rule 3.3, constitute a “false statement of a material fac.” The rule also acknowledges “there are circumstances winere failure to make a disclosure is the equivalent ofan affirmative misrepresentation.""* Russian collusion with the Trump campaign and his personal Russian contacis were expected topics of discussion during the Attorney Generals confirmation hearing. For the Attorney General to only ‘admit months later, after he was confirmed, that he did in fact have contacts with Russian officials should, forall intents and purposes, constitute a misrepresentation of material fats. Rule 8.4 ~_Miseonduet: Mr. Sessions’ lure to uphold the tems of his recusal may also constitute violation of Rule 84 of the Rules of Professional Conduct. Rule 8.4 prevents lawyers from engeging “in conduct involving dishonesty, fraud, deceit, or misrepresentation.” Despite promising to recuse himself from all maters related tothe 2016 presidential election, Mr. Sessions later invalved himself the fring of Mr. Comey, which not only violates his recusal Dut may also rise to the level of 84 Section D prohibited behavior, which states that a lawyer shall not “engage in condiut that is prejadical tothe administration of justice." Obstructing the ‘Resin investigation by paying a role inthe Firing of is chet investigator appears tobe such prejudicial” activity | greatly appreciate your attention to these critical matters and look forward o hearing from you. ‘You can contact my office at (202) 225-3976, or email my staff at ‘Michael.Chernin@mail house gov should you have any questions. Sincerely, Th UME Ted W. Liew Member of Congress ® Rule 33: Conduct: Condor Towaed he Tbunal” Alabama Rules of Profesional Condut “ ia * lease noe that labams Rule of Display Procedure 2 allows for mandatory suspension or dsbamest in “strirence withthe sdrinisration of justice, fab swearing, nd misrepesenation™