286: The Old Cyber Ninjas

Mar 14, 2026

They dig into the FBI subpoena in Maricopa County and revisit the controversial Cyber Ninjas audit. They explain a DOJ proposal that could shield federal lawyers from state bar probes. They cover the Pentagon’s showdown with Anthropic, supply-chain designations, and the resulting lawsuits. They also flag media restrictions at the Pentagon and broader legal and ethical fallout.

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INSIGHT

DOJ Rule Could Shield Federal Lawyers From State Discipline

DOJ's proposed rule would let the Department review bar complaints about current or former DOJ lawyers and ask states to suspend parallel investigations.
Jill Wine-Banks warns this could delay or terminate state disciplinary actions and effectively shield federal lawyers from state accountability.

INSIGHT

Supremacy Clause Is Unlikely To Override State Bar Authority

Critics argue DOJ could claim preemption to block state discipline if DOJ 'clears' an attorney, though the Supremacy Clause likely won't support that for state licensure rules.
Jill Wine-Banks stresses licensure is a state power, not federal.

ADVICE

Mobilize Public Pressure During Comment Periods

When an agency rushes a rule, organize public comment and contact your members of Congress to increase pressure.
Joyce Vance notes that sustained pushback sometimes forces agencies to alter or abandon problematic rules.

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