The Legal Times followed up on the Bar complaints filed by CREW against Michael Elston in Virginia and Esther Slater McDonald for allegedly violating federal law and DOJ policy by making hiring decisions based on political and ideological affiliations.

The Bar complaint against Elston in Virginia states that he "may have violated" Rule 8.4(b) and Rule 8.4(c) of the Rules of Professional Conduct.

Rule 8.4(b) forbids a lawyer from engaging "in a deliberately wrongful act that reflects adversely on the lawyer's honesty, trustworthiness or fitness to practice law." Rule 8.4(c) prohibits "conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the lawyer's fitness to practice law."

"His conduct is all the more egregious because it took place at the Department of Justice, part of the mission of which is 'to ensure fair and impartial administration of justice for all Americans,'" reads the complaint, which also was forwarded to disciplinary boards in three other states where Elston is also licensed. They are Illinois, Kansas and Missouri.

The complaint against McDonald in the District says she "may have violated rule 8.4(d)" of the D.C. Bar's Rules of Professional Conduct. That rule bars attorneys from engaging "in conduct that seriously interferes with the administration of justice."