Why hasn't the entire DOJ been disbarred?

By Bryan Fischer

Attorneys have a moral, ethical, legal and constitutional obligation to give their clients the best representation they have to offer. Failure to provide competent counsel is grounds for appeal for a client who loses, and even for a new trial in death penalty cases.

Now were an attorney not only to stop representing a client who had retained his services, but suddenly and abruptly to begin working to undermine his client's case, working openly for his client's legal adversaries, working actively against his own client, he'd be disbarred so fast it'd give you a nosebleed.

Such a staggering and jaw dropping breach of moral and ethical obligation would literally be unprecedented in the annals of jurisprudence. No attorney could survive if he committed such egregious misconduct. What client could ever trust him again? What reputable law firm would ever hire him again?

It's one thing for an attorney to drop out of a case, and entrust representation to someone else. That kind of thing happens all the time for any number of reasons. But to suddenly switch teams, and abruptly do your best to defeat the client for whom you had just been working would involve a breathtaking and unspeakable violation of legal ethics.

But this is exactly what has happened with DOMA. The client in this case is the American people. You and me. Our representatives passed DOMA into law, and it was signed into law by our president. It represents the will of the American people through our elected representatives.

Now when a duly enacted law comes under legal assault, it is the sworn duty of the Department of Justice to defend that law. That's its job. That's what we are paying its lawyers to do. They work for us, the American people, to defend our interests in court.

So when DOMA was initially challenged in court, even Obama's DOJ held its nose and defended its client. For a while.

Then, in 2011, Obama and the DOJ abruptly and without warming threw their client – the American people – under the train. Rather than working to defend the law, and rather than withdrawing from the case and turning it over to others, the DOJ began actively working against its own client and has done its best since then to sabotage the very law it has a sacred obligation to defend.

Were it not for Speaker Boehner and the determination of the House to provide adequate legal defense for one of its own laws, DOMA would have fallen for the simple reason there would have been no one to defend it.

But even worse, the DOJ is now, having switched sides, using every resource at its disposal to undermine and dismantle DOMA. It's even gone so far that it bizarrely has appealed a verdict it won in lower court, which is not something that's even allowed. You appeal when you lose, but you cannot appeal when you win.

But so eager are Obama and his dark minions at the DOJ to drive a stake through the heart of natural marriage that they are making an eye watering attempt to get DOMA before the Supreme Court in the hopes that SCOTUS will drive the final nail in the coffin of man-woman marriage. They are trying to elbow out the House attorneys – who do have the right to appeal to SCOTUS since the lower court ruling went against them – and file an appeal themselves even though they got everything they wanted at the lower court.

This is freakish at best and scandalously reprehensible at worst. Disbarment of the whole lot is not too much to ask, for betraying every judicial canon known to man and for violating the sacred oath they took to uphold the Constitution and see that the laws of the land be faithfully executed.

That stench you smell wafting off the Potomac is coming from the vaporous, sulphuric bowels of Obama's DOJ, whose lawyers are betrayers of justice and all that is holy in judicial ethics.

© Bryan Fischer