Just graduating from law school doesn’t make you a lawyer.

No, you have to pass the bar exam, as everyone knows, and you have to pass a character test because, once sworn in, you are considered an “officer of the court.” You are now invested in the system and one is expected to do everything possible to keep the system’s integrity.

Believe it or not, the vast majority of attorneys take that duty very seriously and not just because it can cost you your law license.

Some writers keep their law licenses active, and some do not (Insurance costs!). Clay Travis, a sportswriter who founded the right-wing site OutKick, apparently has kept his law license, but he may not have it much longer. Travis, to put it very mildly, was not an “officer of the court” and keeping the system’s integrity when he rage tweeted:

“If you’re a Trump supporter in New York City who is a part of the jury pool, do everything you can to get seated on the jury and then refuse to convict as a matter of principle, dooming the case via hung jury. It’s the most patriotic thing you could possibly do.”

If you’re a Trump supporter in New York City who is a part of the jury pool, do everything you can to get seated on the jury and then refuse to convict as a matter of principle, dooming the case via hung jury. It’s the most patriotic thing you could possibly do.

— Clay Travis (@ClayTravis) April 15, 2024

Travis has First Amendment rights, but he doesn’t have the right – as an attorney – to encourage potential jurors to break the law. His argument includes an implicit lie to the court and the system, or how else would one “get on the jury.”

And many people noticed, including some well-known names. According to Queerty (An LGBTQ website that we highly recommend):

California Rep. Eric Swalwell accused Travis of jury tampering.

“Jury tampering. That’s what they do. *It’s a felony,”

Jury tampering. That’s what they do. *It’s a felony. pic.twitter.com/ad0nGC7y7B

— Rep. Eric Swalwell (@RepSwalwell) April 15, 2024

Legal experts agree that Travis’ challenge probably isn’t worth the fleeting social media engagement.

National security attorney Bradley Moss wrote: “Clay is arguably conspiring to commit jury tampering here by encouraging someone to deliberately engage in jury nullification,”

To make things even worse, you’ll never guess what Travis did next:

Naturally, after Clay Travis encouraged a Trump supporter to “do everything they can” to get on the jury so they can sabotage the trial by causing a hung jury as a “patriotic” act, Fox puts him on in prime time to repeat it in case anyone missed the tweet. pic.twitter.com/CfQYn16cSu

— Ron Filipkowski (@RonFilipkowski) April 16, 2024

Had Travis deleted the tweet and then written, “I was wrong, every juror should follow every instruction and use their independent judgment,” he may have simply gotten a suspension… maybe two months?

But you cannot “undo” the millions that may have heard it on Fox News. 

Someone will file a complaint with the Bar – as is appropriate. And the Bar will investigate. They take these things very seriously. I suspect Travis can kiss his law license goodbye for five years – usually the minimum time period for which you can reapply.

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Jason Miciak is Executive Editor of Political Flare and an Editor at Large for Occupy Democrats and can be reached at [email protected]