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Ethics Complaint Against Rudy Giuliani Seeks To Disbar Him In New York

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Updated Jan 21, 2021, 03:12pm EST
This article is more than 4 years old.

Topline

A legal advocacy group called Thursday for Rudy Giuliani to be investigated and potentially lose his license to practice law, filing an ethics complaint against the attorney with the Grievance Committee of the New York State Bar after the former New York City mayor led former President Donald Trump’s legal campaign to overturn the election and pushed baseless election fraud claims.

Key Facts

The 18-page ethics complaint filed by the group Lawyers Defending American Democracy says Giuliani “should be sanctioned immediately while the Committee investigates,” including an “interim suspension” of his license.

The complaint alleges Giuliani “knowingly propagated a false narrative of election fraud” as the lead attorney in Trump’s legal effort to contest the election results, including claims made in court and in public appearances, such as the rally immediately before the attack on the U.S. Capitol building where Giuliani called for “trial by combat.”

The attorneys allege Giuliani knew his claims were false, writing, “A lawyer who lies to the public and abuses the court system to undermine democracy and the rule of law is not fit to practice law.”

Giuliani’s conduct broke multiple rules attorneys in New York must follow, the attorneys argue, including rules that prohibit bringing “frivolous” legal actions, taking actions for the purpose of causing “harm,” knowingly making false claims and “engag[ing] in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer.”

Giuliani only actually argued one post-election case on behalf of the Trump campaign, which challenged Pennsylvania’s vote count, in which the attorneys say he “advanced arguments in court without any basis in law or fact”—and did not push voter fraud claims while under oath, telling the judge, “This is not a fraud case.”

The ethics complaint was signed by dozens of individual lawyers, including multiple former federal judges, former acting U.S. Attorney General Stuart M. Gerson, two former state attorneys general and nearly 20 prosecutors who served in the U.S. Attorney’s Office in the Southern District of New York, which Giuliani once led.

Crucial Quote

“This complaint is about law, not politics,” the attorneys wrote. “Lawyers have every right to represent their clients zealously and to engage in political speech. But they cross ethical boundaries—which are equally boundaries of New York law—when they invoke and abuse the judicial process, lie to third parties in the course of representing clients, or engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in or out of court.”

Chief Critic

Giuliani discussed the growing complaints against him during his radio show last week, suggesting he believed he acted ethically with his post-election behavior. “I was a prosecutor all my life—I’m not stupid,” Giuliani said. “I don’t want to get in trouble. And I have a high sense of ethics, personally. I hate it when people attack my integrity.”

Key Background

The ethics complaint comes after the New York State Bar Association announced it had launched an investigation into Giuliani, though the voluntary association cannot disbar attorneys. Giuliani is one of a number of lawyers involved in the GOP’s overwhelmingly unsuccessful post-election lawsuits who are now starting to face consequences for their actions: attorney Sidney Powell was sued for $1.3 billion by Dominion Voting Systems for defamation, the city of Detroit is seeking sanctions against Powell and other attorneys who filed a lawsuit challenging Michigan’s election results and conservative attorney Lin Wood was kicked off an unrelated case in Delaware over his post-election cases. Giuliani may also soon face his own legal action from Dominion, whose voting machines are at the heart of a far-right election fraud conspiracy theory. The company has now sent two letters to the attorney calling on him to retract his claims and warning of potential litigation. “There is nothing you can say or do at this point to undo the hundreds of millions of dollars in damage that you and your allies have caused Dominion,” the company’s attorneys wrote in a Jan. 10 letter, saying the company “must therefore expressly reserve all legal rights against you.”

Further Reading

‘It’s Unprecedented’: New York State Bar Association Considering Expelling Rudy Giuliani (Forbes)

Dominion, Smartmatic Strike Back: Trump And His Lawyers Face Possible Legal Consequences For Flimsy Election Challenges (Forbes)

Dominion Voting Sues Sidney Powell For Defamation Over Election Conspiracy—And Others May Be Next (Forbes)

Lin Wood Kicked Off Delaware Court Case Over ‘Toxic’ Post-Election Lawsuits (Forbes)

Dominion Warns White House, Giuliani Of ‘Imminent’ Legal Action Over Voter Fraud Claims (Forbes)

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