Rudy Giuliani has been suspended from practicing law in New York after a court found that he made demonstrably false and misleading statements about the election
Rudy Giuliani is now barred from practicing law in New York.
A court found “uncontroverted proof” that he made “demonstrably misleading and false” statements about election-related matters.
It stated that his conduct “threatens our public interest and warrants interim prohibition from the practicing of law.”
Former New York City Mayor Rudy Giuliani has been suspended from practicing law in the state of New York pending further review, a new court filing on Thursday said.
In connection to former President Donald Trump’s unsuccessful attempts to reverse the 2020 election results, the ruling stated that there was “uncontroverted evidence” that Giuliani had “communicated demonstrably falsified and misleading statements to courts and lawmakers as well as the public at large”.
“These false statements were made to incorrectly bolster respondent’s narrative claiming that victory in the 2020 United States election was stolen from client due to widespread voter corruption,” the ruling stated.
“We conclude that respondent’s conduct immediately threatens the public interest and warrants interim suspension from the practice of law, pending further proceedings before the Attorney Grievance Committee,” it continued.
Giuliani was a frequent guest on conservative radio after the election. She claimed, without any evidence, that Joe Biden won the election because of widespread voter fraud and that Trump was rightfully the winner.
Giuliani, Trump’s chief defense attorney, filed numerous lawsuits to invalidate the results of battleground states where Biden won. All the suits were tossed out.
Nonpartisan election experts, cybersecurity professionals, and other nonpartisan experts, found that the 2020 election was more secure than any election in US history.
Thursday’s ruling revealed that Giuliani made several false statements, some of which were so serious as to constitute professional misconduct. All of these statements have been debunked by investigators and courts throughout the country.
He claimed that Pennsylvania received more absentee ballots after the election than it had sent prior to it.
Giuliani claimed that his client, the Trump campaign was making a fraud claim while it was actually filing an equal-protection case.
Giuliani claimed repeatedly that between 8,021 and 30,000 people died voting in Philadelphia.
He made “extensive, broad-ranging claims”, casting doubt on Georgia’s election results. He also suggested that Dominion Voting Systems was involved in election fraud.
He claimed that Georgia was home to tens and thousands of illegally voted voters.
Giuliani claimed more than 2,500 felons had voted illegally in Georgia.
He claimed that anywhere from 800 to 6,000 dead people voted in Georgia.
He alleged that security footage showed Georgia election officials illegally counting mail-in ballots.
Giuliani claimed that Arizona’s “illegal aliens” voted.
In light of Giuliani’s election crusade, the Attorney Grievance Committee for the First Judicial Department had filed a petition requesting Giuliani’s “immediate suspendion” from New York.
The AGC highlighted several provisions of New York Rules of Professional Conduct that ban lawyers from making “concern involving dishonesty or fraud” in and out of courtrooms.
Giuliani then accused the AGC that he had violated his First Amendment right of free speech. Giuliani’s claim was denied by the state Supreme Court appellate division for First Judicial Department.
“He does not attack the constitutionality of the particular disciplinary rules; he seemingly claims that they are unconstitutional as applied to him,” the ruling said.
The court noted the fact that earlier cases had held that speech by attorneys was subject to greater regulation as speech by others. This is because lawyers are “an intimate, trusted and essential component of the machinery that works in justice.”
Giuliani also claimed, that he had not knowingly made false statements about the election results if he did so. This argument was addressed by the court, which stated that while it’s necessary to show an element of knowledge in connection to attorney misconduct, Giuliani has to “demonstrate the existence of some legitimate dispute over whether the assertion is false or whether he made it without knowing it was false.”
“Conclusory argument or vague arguments will be not create an controverted issue as if there has been any misconduct,” the ruling stated. Giuliani’s reference to affidavits Giuliani has not given, or sources information he did not disclose, will not prevent Court from concluding the misconduct.
In this case, the court said, the AGC proved that there was an “immediate threat to the public interest” and that Giuliani’s interim suspension was warranted.
“We find that there is evidence of continuing misconduct, the underlying offense is incredibly serious, and the uncontroverted misconduct in itself will likely result in substantial permanent sanctions at the conclusion of these disciplinary proceedings,” the ruling said.
Read the original article Business Insider