Clark has already lost his initial skirmish in federal court — and he is likely to lose the war.
No wonder Clark was also reprimanded by acting Attorney General Jeffrey Rosen, White House counsel Pat Cipollone and deputy White House counsel Patrick Philbin.of the letter were far beyond any of Clark’s normal day-to-day duties as the head of the Justice Department’s Environmental and Natural Resources Division, which had nothing to do with the counting of votes in an election in Georgia.
Even if Clark were to somehow prove that his conduct was official , removal is a two-part test. Thus he would still have to overcome a second hurdle: showing that he also has a “colorable” defense to his conduct under federal law. Clark argues that he has one under the Supremacy Clause, which protects federal officials from state criminal prosecution when their conduct was authorized by federal law, and that they did nothing more than what was “
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