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Following two major investigative revelations, another affirmative action Biden appointee, Rachael Rollins, has stepped down from her role as the U.S. Attorney for Boston. Her resignation comes amid strong allegations of abuse of authority, specifically relating to leaking information. But this shouldn’t surprise anyone. From the get-go, her competence for the job was called into question. Now, the question remains – will Rachael be disbarred? That remains to be seen, but one thing we can tell you is that the DOJ declined to prosecute Ms. Rollins, even after she lied under oath. Meanwhile, Trump supporter Douglass Mackey faces 10-years in prison for sharing an anti-Hillary meme on Twitter. Nice justice system we have, right?
Legal ethics experts said Rollins could be investigated by the state’s disciplinary agency and face a potential bar license suspension for denying in interviews with IG staff that she had leaked damaging information about a political candidate to media outlets.
“I think the bar is very likely to take some action here to enforce the idea that everyone is held accountable—even the people at the top,” said Emil Ali, who counsels attorneys accused of misconduct and teaches legal ethics at Lewis & Clark Law School. “A prosecutor’s job is to uphold the law, and unfortunately, the Massachusetts Board of Bar Overseers is probably going to make an example out of her.”
The Massachusetts Board of Bar Overseers, through its general counsel Joseph Berman, declined to comment.
Other lawyers were reluctant to predict her fate, while noting details in the report that may constitute violations of multiple state rules of professional conduct if verified.
The issue at hand now, is that Rachael Rollins’ alleged wrongdoings are so out of the ordinary that it’s hard to predict what will happen, and legal pros are left scratching their heads about what kind of disciplinary action, if any, she might face from the bar.
Rollins resigned as the top federal prosecutor in Massachusetts in May after two federal investigations found that she had misused her position by leaking confidential information and then lying about it to investigators, among other allegations, including at least three that were violations of federal laws.
Lawyers in Massachusetts who violate ethics rules are subject to discipline from a state agency called the Board of Bar Overseers, which issues recommendations to the state’s Supreme Judicial Court for final determination. Punishments can range from a private letter of admonition to disbarment, or banishment from the profession.
It is unclear if the board has begun investigating Rollins. Its general counsel, Joseph Berman, said, “We don’t comment on pending cases.”
When the board launches a formal investigation, it notifies the target. A lawyer for Rollins, Michael Bromwich, declined to comment.
The severity of punishment from the Bar Overseers typically depends on precedents from earlier cases. But the board has not had a case before it in recent memory with a comparable set of circumstances, lawyers said, making it difficult to predict how the board might act.
Experts said any investigation into Rollins would be lengthy. “I’d be surprised if there was a resolution in less than 18 months,” said Stephen Gillers, a legal ethics expert and emeritus professor at the New York University School of Law.
If any of us did what Ms. Rollins is accused of doing, we would be in prison right now. The Boston Globe piece continues:
The most serious allegations against Rollins are that she leaked a confidential Department of Justice document to a reporter, lied to investigators under oath, and committed two violations of the Hatch Act, a federal law that bars officials from engaging in partisan political activity. Some of those allegations related to her behind-the-scenes effort to help Boston City Councilor Ricardo Arroyo in his electoral campaign to succeed her as Suffolk district attorney.
During interviews with investigators, Rollins said she did not believe the document she shared was privileged or confidential.
The allegations, especially of lying and leaking information, are among the most serious forms of misconduct in the eyes of legal regulators, Gillers said.
The alleged leak, he said, was especially egregious because it amounted to a public release of confidential client information. As the US attorney for Massachusetts, he said, “her client was the United States.”
Ms. Rollins, criminal behavior and all, still stands with the regime, so she will be treated differently than the rest of us, and if she is punished, our best guess is it’ll be a gentle tap on the wrist, and then she’ll be sent off to quietly make millions in peace from some massive corporation, NGO, or well-connected Big Law firm.
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