March 22, 2025 Preventing Abuses of the Legal System and the Federal Court - Executive Order
- Fact Seeker
- Apr 21
- 3 min read
What’s This About?
This presidential memorandum addresses concerns about unethical conduct by lawyers and law firms, particularly in legal actions against the federal government or in sensitive areas involving national security, homeland security, public safety, and election integrity. It directs the Attorney General and Secretary of Homeland Security to strengthen enforcement of legal ethics standards, seek sanctions for misconduct, and recommend further actions when appropriate.
Key Facts, Figures, and Legal References:
Federal Rule of Civil Procedure 11 (FRCP 11) is central to this memorandum:
FRCP 11(b)(1)-(4) prohibits attorneys from:
Filing lawsuits for improper purposes (harassment, delay, unnecessary litigation costs).
Advancing legal arguments without a reasonable basis in law or good faith arguments for legal change.
Making factual claims without evidentiary support.
FRCP 11(c) allows courts to impose sanctions on attorneys, law firms, and parties who violate these provisions.
Rule 3.1 of the ABA Model Rules of Professional Conduct:
States that attorneys must not initiate legal proceedings unless there is a non-frivolous basis in law and fact for doing so, including good faith arguments for extending or changing existing law.
Federal regulations governing attorney conduct and discipline:
8 C.F.R. 292.1 et seq.
8 C.F.R. 1003.101 et seq.
8 C.F.R. 1292.19
The memorandum highlights examples of past legal misconduct, including:
The 2016 incident involving Marc Elias and the “dossier” investigation, cited as a case where attorney actions allegedly undermined election integrity (Hillary Clinton).
Concerns about immigration attorneys coaching clients to make fraudulent asylum claims, burdening the government’s oversight systems and courts.
The memorandum calls attention to public safety concerns connected to immigration fraud, citing tragic cases involving individuals like Laken Riley, Jocelyn Nungaray, and Rachel Morin as examples of alleged consequences tied to these legal system abuses.
Key Directives:
Sanctions for Misconduct: The Attorney General is directed to actively seek sanctions against attorneys and law firms engaging in frivolous, unreasonable, or vexatious litigation against the United States.
Enforcement of Professional Conduct Rules: Both the Attorney General and Secretary of Homeland Security are ordered to prioritize enforcing professional conduct regulations for attorneys practicing before their departments.
Referral for Disciplinary Action: The Attorney General is instructed to refer attorneys for discipline when their conduct in federal court or before federal agencies appears to violate professional conduct standards, with a focus on cases involving national security, homeland security, public safety, or election integrity.
Review of Past Litigation: The Attorney General is tasked with reviewing attorney conduct in litigation against the federal government from the last eight years. Misconduct findings may trigger recommendations to the President for further action, including:
Security clearance reassessment
Termination of federal contracts
Other appropriate measures.
Periodic Reporting: The Attorney General and Counsel to the President are to report regularly to the President on legal ethics improvements within firms engaging with the government.
Legal & Policy Framework:
Federal Rule of Civil Procedure 11 governs attorney responsibilities in federal litigation.
ABA Model Rules of Professional Conduct Rule 3.1 outlines ethical obligations for meritorious claims.
8 C.F.R. 292.1 et seq.; 1003.101 et seq.; 1292.19 set standards for attorney discipline in immigration and related legal matters.
Summary Takeaway:
This memorandum reflects an executive branch initiative to enforce stricter accountability for legal professionals interacting with federal agencies and courts, particularly in sensitive areas affecting public and national security. It draws from longstanding legal standards while directing specific enforcement actions, reviews of past conduct, and possible penalties like contract termination or security clearance reassessment.
Writer's Note: Summary made with the use of AI tools for editing and quick processing, facts checked against the order before publishing.
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