Bench Memos

Law & the Courts

BREAKING: DOJ Attorney Prosecuting Whistleblower Dr. Eithan Haim Has Been Suspended from Texas Bar

Well, whaddaya know! It turns out that the federal prosecutor, Tina Ansari, who has been leading the outrageous transgender crusade against whistleblower Dr. Eithan Haim has been suspended from the Texas bar since September 1 for failure to pay dues.

That suspension somehow hasn’t stopped Ansari from unlawfully continuing to represent the government in its prosecution of Dr. Haim: As counsel for Dr. Haim set forth in a motion filed this evening, Ansari signed and e-filed a brief on September 9 and is listed in the signature block of various other court filings and exchanges with counsel for Dr. Haim since September 1. There is no indication that Ansari has disclosed her suspension to anyone.

It could be a challenge to count all the violations of law and DOJ policy that Ansari has apparently committed and caused DOJ to commit, but let’s make a start:

1. Rule 3.A of the Rules of Discipline of the United States District Court for the Southern District of Texas—the court in which Ansari is persecuting and prosecuting Dr. Haim—states:

A lawyer who receives a suspension, either active or probated, by a licensing authority will be suspended by the Southern District of Texas and must immediately cease practicing before this court.

(See Rules of Discipline at Appendix A on page 23 here.)

Ansari obviously did not “immediately cease practicing” before the Southern District of Texas. By not immediately informing the Southern District of Texas of her suspension (something that her duty of candor would seem to require), Ansari has also prevented it from suspending her.

2. The Justice Department’s governing manual (section 1-4.110) expressly states that anyone employed as a DOJ attorney “must continuously maintain ‘active’ bar membership in at least one state, territory, or the District of Columbia during employment.”

3. DOJ’s manual also states that an attorney “must immediately report to OPR [DOJ’s Office of Professional Responsibility] any lapse in active bar membership” and “must self-report to their component management for referral to the appropriate offices.”

4. Further, the DOJ component must then “take all necessary and appropriate steps to notify tribunals and temporarily reassign the employee from representational duties, counseling, and advisory work.”

5. DOJ “is prohibited from paying compensation to an attorney who is not ‘duly licensed and authorized to practice in a State, territory, or the District of Columbia.’”

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