Tuesday, April 15, 2025

Letter: Incredibly, acting US Attorney served as prosecutor and defense attorney in the same case

Five former prosecutors who worked on criminal cases stemming from the January 6, 2021, attack on the US Capitol are urging the disciplinary office governing lawyers in Washington, DC, to open an investigation into Ed Martin the President’s controversial pick to be US attorney for Washington, DC, reported CNN.

Martin, who has been serving in the post on an interim basis since Trump returned to the White House, is a divisive pick for the job. 

The letter details Martin’s representation of defendants who were prosecuted by President Joe Biden’s Justice Department for their involvement in the Capitol attack. In one case, the letter says, Martin was still repping the individual even after being tapped to serve as interim US attorney. He didn’t withdraw his representation of the man until after the case was dismissed by a federal judge in DC.

“By acting simultaneously as a prosecutor and defense attorney in the same case, Mr. Martin violated Rule 1.7(a), which directs that ‘A lawyer shall not advance two or more adverse positions in the same matter,’” the letter reads.

“Collectively, Mr. Martin’s actions threaten to undermine the integrity of the U.S. Attorney’s Office and the legal profession in the District of Columbia,” the group told the disciplinary board. “The reputation of our community depends on a prompt and thorough investigation into Mr. Martin’s violations of his professional obligations.”

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