“I’m going to kill Donald Trump.” No, that is not the words of a terrorist. It’s the words of an Ohio Democratic candidate for Attorney General, Elliot Patrick Forhan. He is not fit to practice law or hold public office, for that matter. The Ohio Bar should step in.
He may have tried to explain this away. But the threat is levied nonetheless. Forhan promised to bring a court case against Donald Trump and execute him if he won his election for Ohio Attorney General. “I want to tell you what I mean when I say that I am going to kill Donald Trump. I mean I’m going to obtain a conviction rendered by a jury of his peers at a standard of proof beyond a reasonable doubt based on evidence presented at a trial conducted in accordance with the requirements of due process resulting in a sentence duly executed of capital punishment.”
So much for being innocent until proven guilty. Forhan’s disturbing pitch to voters is reminiscent of Soviet secret police chief Lavrentiy Beria’s infamous line: “Show me the man and I’ll find you the crime.”
It takes a depraved mind to think this way. Not only does Forhan appear to have a desire to kill, but he also wishes to weaponize the legal system to achieve that goal. Of a sitting president no less. In a different time, these statements would have been universally condemned as seditious statements. But here we are.
Republican Attorney General candidate Keith Faber understood this. He urged Forhan to turn down the rhetoric. But Forhan did not use that as an opportunity to hear himself. Instead, he doubled down with defamation. “Mr. Faber is telling Ohioans that, if elected, he will let Trump get away with murder,” he said without any evidence that President Trump had ever murdered someone.
Even Forhan’s own party mate, another Attorney General Candidate, saw this unhinged post for what it is. John Kulewicz said, “The comments today from my potential primary opponent are disgraceful. The AG is the chief law officer of our state, a serious responsibility, not a political game. The AG must take the law and judicial process seriously.” Indeed.
Unfortunately, not much can be done without the government exercising its rightful powers to regulate the conduct of lawyers. Professional licensing authorities exist to ensure professional behavior among those who are in a profession. This is exactly the type of incident that bar discipline is made for. If one could abuse the law to “kill” a sitting president, then one could seemingly abuse the law to do anything.
Forhan’s comments violate the state bar’s Rules of Professional Conduct in multiple ways. First, they violate the stipulation that “A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others.” Clearly, Forhan’s words express a clear intent to intimidate the President of the United States.
They also violate the bar’s rule that, “Unless otherwise required by law, a lawyer shall not present, participate in presenting, or threaten to present criminal charges or professional misconduct allegations solely to obtain an advantage in a civil matter.” Forhan’s post clearly advertises finding a guilty verdict for Trump to benefit his political campaign.
Additionally, rule 8.4 states that it “is professional misconduct for a lawyer to…engage in any other conduct that adversely reflects on the lawyer’s fitness to practice law.” Threatening to kill the President and using the law to do so is a jaw dropping repudiation of that rule.
It is up to the people of Ohio to ensure that such an unhinged and irresponsible attorney not become their state’s top prosecutor. But simply losing an election is not enough for Mr. Forhan. No attorney threatening to use the law to satiate his apparent blood lust should continue being a member in good standing with the Ohio State Bar. It’s clear Forhan is of a depraved mind and, as such, is a danger to the justice system and the people of Ohio. The Ohio State Bar should immediately investigate this matter and then bring disciplinary proceedings against Forhan that should result in the removal of his bar license.
Curtis Schube is the Director of Research and Policy at Center to Advance Security in America and a former constitutional and administrative law attorney.
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