Bob Schwartz

Oath on Admission to the U.S. Courts

I do solemnly swear (or affirm) that as an attorney and as a counselor of this court I will conduct myself uprightly and according to law, and that I will support the Constitution of the United States.

I regularly point out that almost two dozen of the lawyers who helped Richard Nixon execute and cover up his abuse of power and illegal schemes ended up being punished personally and professionally—from jail to disbarment to suspension. (See Lessons for Trump Attorneys: The Lawyers of Watergate)

It may seem a fine line between advocating a position and crossing the line into misconduct. But not really. Lawyers are sworn officers of the court, the law and the Constitution, given substantial power. They are commanded, by their oaths and by the rules of professional responsibility, not to mislead the court and not to lie (and obviously not to break the law).

It is the view of many, unspoken for a while but now being whispered, that various attorneys involved in Trump-related matters have put themselves on the wrong side of the professional line. I note with respect that lawyers are expert at walking up to the lines but not crossing them. Yet in high power highly-charged situations, as with Nixon, as with Trump, greater forces sometimes overwhelm even the smartest and most judicious.

We are still in the eye of the storm. After the dust settles, expect to see some of these lawyers brought before their respective bar associations for consideration of their conduct. It happened in Watergate. It will happen again.