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Ex-January 6 prosecutors urge attorney disciplinary board to investigate Trump鈥檚 controversial pick to be DC鈥檚 top prosecutor

(CNN) — 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 President 鈥檚 controversial pick to be the district鈥檚 top prosecutor.

The filing is the latest turn in the nomination of to be US attorney for DC and comes as Senate Democrats have pledged to delay any confirmation vote.

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. After stepping into the position, he used his new powers to dismiss January 6 Capitol riot cases, who were involved in the investigations, go after his and Trump鈥檚 political adversaries, and in an attempt to find misconduct within the office.

In a letter filed Sunday with the DC Bar鈥檚 Office of Disciplinary Counsel, the former prosecutors outlined those controversial actions, as well as others, saying that Martin violated several professional rules.

鈥淗e has used his brief time in office to demonstrate a fundamental misunderstanding of the role of a federal prosecutor, announcing investigations against his political opponents, aiding defendants he previously represented, and communicating improperly with those he did not,鈥 the group wrote.

鈥淭hese actions are not worthy of the Department of Justice, undermine the Constitutional guarantee of equal protection of law, and violate Mr. Martin鈥檚 professional obligations,鈥 the letter reads.

Martin鈥檚 office declined CNN鈥檚 request for comment on the letter.

In addition to the five former prosecutors, the letter was also signed by prominent conservative lawyers from the Society for the Rule of Law, including retired federal Judge J. Michael Luttig, former Rep. Barbara Comstock, attorney George Conway, and Stuart Gerson, a lawyer who held top roles at the Justice Department under Presidents George H.W. Bush and Bill Clinton.

The letter pointed to a statement from Martin earlier this year in which he described himself and his colleagues as 鈥淭rump鈥檚 lawyers鈥 to argue that he was abusing the power of the Justice Department. The letter said the social media post reinforced Martin鈥檚 public statements suggesting he was pursuing investigations into 鈥減erceived political enemies of himself and the President.鈥

鈥淢r. Martin鈥檚 client is not President Trump; it is the United States,鈥 the letter states. 鈥淗is assertion otherwise adds further evidence that his announced investigations are politically motivated.鈥

Last month, Martin also announced that he was forming a 鈥渟pecial unit鈥 to 鈥減rotect elections.鈥 The group, he said in an internal email announcing it, 鈥渨ill continue to make sure that all the election laws of our nation are obeyed.鈥

鈥淣early 20 years later, Americans do not have confidence in our election systems,鈥 he wrote. 鈥淥ne of the best ways to restore that confidence is to protect our systems and demand accountability.鈥

And he launched a probe into prosecutors who brought obstruction charges under US Code 1512(c) against some rioters that were ultimately tossed because of a last summer.

Representing January 6 defendants

The letter also details Martin鈥檚 representation of defendants who were prosecuted by President Joe Biden鈥檚 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鈥檛 withdraw his representation of the man until after the case was dismissed by a federal judge in DC.

鈥淏y acting simultaneously as a prosecutor and defense attorney in the same case, Mr. Martin violated Rule 1.7(a), which directs that 鈥楢 lawyer shall not advance two or more adverse positions in the same matter,鈥欌 the letter reads.

鈥淐ollectively, Mr. Martin鈥檚 actions threaten to undermine the integrity of the U.S. Attorney鈥檚 Office and the legal profession in the District of Columbia,鈥 the group told the disciplinary board. 鈥淭he reputation of our community depends on a prompt and thorough investigation into Mr. Martin鈥檚 violations of his professional obligations.鈥

鈥楾his man is unqualified鈥

Meanwhile, Democrats on Capitol Hill have ratcheted up their efforts to block Martin鈥檚 confirmation.

Sen. Adam Schiff of California recently announced that he was placing a hold on Martin鈥檚 nomination.

鈥淚 hope the Republicans do their job. This man is unqualified, he鈥檚 abused the powers of that office. He鈥檚 made the strongest case you can make to be rejected for this position,鈥 Schiff, a member of the Senate Judiciary Committee, told CNN.

鈥淭his is a 鈥楽top the Steal鈥 lawyer, who has embraced the worst antisemites and who has the most profound conflicts of interest, dismissing cases against people that he still represents. If he is not disqualified then it shows Republicans are willing to accept any Trump nominee, no matter how inappropriate for the job,鈥 the senator said.

CNN鈥檚 Morgan Rimmer contributed to this report.

This story has been updated with additional details.

The-CNN-Wire
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