A Potentially Crippling Blow

(ema Feb. 6, 2019) On Feb. 5, days before Sen. Elizabeth Warren is set to formally announce her candidacy in Lawrence, MA, the Washington Post published an article showing an image of her 1986 registration card for the State Bar of Texas in which she penned in "American Indian."  The controversy over Warren's claims of Native American ancestry has dogged Warren since 2012 when Sen. Scott Brown labeled her "Fauxcahontas," and President Trump frequently mocks Warren as Pochahontas.  In Oct. 2018 Warren released results of a DNA test which only served to provoke further controversy.  Aside from the general question of trust, two aspects of the Post report are particularly damaging.  First is the visual, the fact that one can see it in her own writing.  Second is the timing, early in the campaign, when people are starting to form opinions, and just before her announcement, which is supposed to be a moment of celebration.  In her 2016 campaign Hillary Clinton never was able to escape the emails issue, and this story poses the same danger to Warren.   While she has apologized, as of this writing it has not been nearly as direct and open as is needed (see for example Tulsi Gabbard's video on her past views on LGBTQ rights).

Annie Linskey and Amy Gardner.  "Elizabeth Warren Apologizes for calling herself Native American."  The Washington Post, Feb. 5, 2019


Republican National Committee
February 6, 2019

This afternoon, Republican National Committee Chairwoman Ronna McDaniel filed a grievance against Elizabeth Warren with the State Bar of Texas.
 
In the letter, Chairwoman McDaniel requests disciplinary action be taken against Warren for lying and failing to correct a misrepresentation she made on her Texas Bar registration card where she identified as “American Indian.”
 
Elizabeth Warren is not a Native American, and therefore had no right to claim minority status.
 
See a copy of the letter below and attached.
 
 
Ronna McDaniel
Chairwoman
Republican National Committee
310 First St. SE
Washington, D.C. 20003
 
February 6, 2019
 
RE: GRIEVANCE AGAINST ATTORNEY ELIZABETH WARREN (BAR CARD #20885410)
 
VIA CERTIFIED MAIL
 
 
The Office Of Chief Disciplinary Counsel
P.O. Box 13287
Austin, TX 78711
 
 
Dear Chief Disciplinary Counsel,
 
This letter is to alert your office of false claims made by Texas-barred attorney, Elizabeth Warren. Attorney Warren was admitted to the Texas bar on April 11, 1986 and her Bar Card Number is 20885410 with a current status of “Inactive.”
 
Attorney Warren should be disciplined for lying and failing to correct a misrepresentation she made on her Texas Bar registration card. The Washington Post obtained a copy of Attorney Warren’s Texas Bar registration card. On April 18, 1986, Attorney Warren registered for the Texas bar and made a misrepresentation that she was “American Indian” on a section titled “Race.”[1]
 
According to the Texas Disciplinary Rules Of Professional Conduct, rule 8.01[2]:
 
An applicant for admission to the bar, a petitioner for reinstatement to the bar, or a lawyer in connection with a bar admission application, a petition for reinstatement, or a disciplinary matter, shall not:
 
(a) knowingly make a false statement of material fact; or
 
(b) fail to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admission, reinstatement, or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.05.
 
According to the rules of admission for the Texas Bar, an applicant must be of “Good Moral Character and Fitness.”[3] The applicable rule states:
 
Good moral character is a functional assessment of character and fitness of a prospective lawyer. The purpose of requiring an Applicant to possess present good moral character is to exclude from the practice of law those persons possessing character traits that are likely to result in injury to future clients, in the obstruction of the administration of justice, or in a violation of the Texas Disciplinary Rules of Professional Conduct. These character traits usually involve either dishonesty or lack of trustworthiness in carrying out responsibilities.[4]
 
Attorney Warren is now apologizing for misrepresenting herself as an “American Indian” or Native American throughout her career.[5] It has now been thirty-three (33) years since she made this representation to the Texas Bar and has never made an attempt to correct her registration card. Therefore it is clear that Attorney Warren lacked the “Good Moral Character” required for admission to the Texas Bar and should be disciplined for her three (3) decades of untruthfulness.
 
Sincerely,
 
Ronna McDaniel
 
Republican National Committee
310 First St. SE
Washington, D.C. 20003