In a new executive action released Friday night, President Donald Trump issued a memorandum targeting unethical conduct by attorneys and law firms who play dirty in the political arena. He specifically highlighted the actions of Marc Elias, founder and chair of Elias Law Group LLP.
Elias is one of the more prominent attorneys in Washington, DC who helps shape dark-money influence in the nation’s capital and in the states, including Alaska.
The memorandum references Elias’s involvement in the 2016 presidential election, alleging that he played a pivotal role in commissioning the Steele Dossier by a foreign national, intended to provide a basis for federal law enforcement to investigate a Trump, who was a candidate for president then, and potentially influence the election’s outcome. Trump asserts that Elias sought to conceal the involvement of his client, Hillary Clinton, in the dossier’s creation. Clinton was the Democratic Party’s candidate for president.
Elias, through his work with the Elias Law Group and previously with Perkins Coie (already sanctioned by Trump), has a long history of engaging in election-related litigation across the country. He is deeply involved with Arabella Advisers, a dark-money network that has created a funding pipeline to Alaska Democrat causes that are influencing the political landscape in the 49th state.
For example, in September, the Alaska Democratic Party filed a lawsuit against the Alaska Division of Elections to prevent the printing of the general election ballot. The party sought to remove Eric Hafner, a Democratic candidate and convicted felon, from the congressional race on the grounds of ineligibility and potential voter confusion. Marc Elias and his law firm represented the Alaska Democratic Party in this case, which failed.
The effort by Elias and the party was an attempt to clear the field of Democrats so that Rep. Mary Peltola would have no contenders on the general election ballot who had a “D” next to their name.
Elias’ initiatives have been funded in part by the Hopewell Fund, managed by Arabella, and he sponsored an organization called Democracy Docket, now known as the Free Election Fund, to litigate against Republicans. It is a project of the Hopewell Fund.
To address concerns about Elias’ and other attorneys engaging in unscrupulous litigation, President Trump has directed the Attorney General to:
- Seek sanctions against attorneys and law firms engaging in frivolous, unreasonable, and vexatious litigation against the United States.
- Prioritize enforcement of regulations governing attorney conduct and discipline.
- Refer attorneys for disciplinary action when their conduct appears to violate professional conduct rules, particularly in cases impacting national security, homeland security, public safety, or election integrity.
- Review attorney conduct over the past eight years in litigation against the federal government and recommend further actions if misconduct is identified.
