The New York Bar Association calls for a “serious” and “full” disciplinary investigation by New York State into the actions of Rudy Giuliani related to the attempts to annul the 2020 presidential election, focusing in a report on two main lawyer disciplinary complaints. against Giuliani which he says “seem to be supported by a lot of evidence”.
In an 11-page, five-part report, the influential group said the allegations against Giuliani, a former US attorney in the Southern District of New York, mayor of New York and attorney for former President Donald Trump, “require investigation serious., a hearing and, if the allegations are founded, the imposition of appropriate discipline.
In the New York State Attorney’s disciplinary proceedings, the highest penalty Giuliani could face is expungement, which would last for seven years but would not be permanent. He could also be suspended as a lawyer, publicly censored or receive no punishment. Multiple disciplinary complaints against Giuliani are being assessed by the Appeal Division, the First Department attorneys grievance committee, in a process that is not being made public.
“The complaints against Mr. Giuliani allege serious misconduct. They do this in great detail and appear to be supported by a lot of evidence, largely consisting of Mr. Giuliani’s own statements, ”the bar association wrote in the report released Tuesday. “They describe a pattern of misconduct that Mr. Giuliani committed both inside and outside the courtroom in an attempt to overturn a presidential election, culminating in his podium speech at the ‘Ellipse in Washington, DC on January 6, 2021 when he urged a crowd of angry Trump supporters to engage in a “trial through combat.”
After Ellipse’s speeches that morning by Giuliani, then President Trump, and others, a crowd descended on the United States Capitol, halting Congressional certification of the presidential election and unleashing violence that resulted in the death of five people.
Giuliani’s attorney, Robert Costello, a partner at Davidoff Hutcher & Citron, could not be reached to comment on the bar report and his call for a full investigation into Giuliani.
In the report, titled “New York City Bar Association Statement Regarding Complaints Against Rudolph Giuliani,” the city bar group focused on two complaints pending before the Manhattan-based Grievance Board: organization which aims to “promote respect for the rule of law”; and one of dozens of current and past bars across New York State, including Michael Miller, past president of the New York State Bar Association and the New York County Lawyers Association.
The Lawyers Defending American Democracy, or LDAD, ethics complaint wrote the bar group, “alleges that Mr. Giuliani has engaged in baseless litigation seeking to invalidate millions of votes in battlefield states” for the presidential election. In addition, the bar association, which has approximately 25,000 members in the New York area, cited the LDAD complaint that Giuliani “gave false testimony to state lawmakers in formal hearings. and informal, used a false story of electoral fraud to try to persuade the public that [then-]Vice president [Mike] Pence is expected to refuse to certify the electoral vote count (which he did not have the authority to do under the United States Constitution), and has instigated a crowd about to march on the Capitol to s’ engage in a “trial by combat”.
The bar added that the LDAD’s complaint focused particularly on Giuliani’s role in Trump vs. Boockvar, a case launched in federal court in Pennsylvania. The group said the LDAD complaint indicated that it was a lawsuit “whereby the Trump campaign sought to strip millions of voters from the vote on the basis of narrow allegations of alleged flaws in the vote. voting procedures “.
“Sir. Giuliani was not the original lawyer in the case and was replaced on the morning of oral argument on an important motion after several other lawyers withdrew,” the bar group said, citing always the LDAD complaint. “During oral argument, he asserted that 2.6 million ballots should be invalidated due to widespread electoral fraud. However, when questioned by the judge, Mr Giuliani admitted that the fraud was not even alleged in the complaint. The district court allowed the defendants’ motions to dismiss with prejudice. On appeal, the [U.S. Court of Appeals for the] Third Circuit issued an advisory noting that the Trump campaign cited no specific evidence or authority to prevent the Commonwealth from certifying its election results.
Turning to Giuliani’s actions “outside the courtroom,” which may also be considered during state disciplinary proceedings, the bar highlighted the various examples of outside conduct of the LDAD complaint, including “Mr. Giuliani’s appearance before the Georgia State Senate in which he presented a 90-second video clip showing what Mr. Giuliani claimed to be evidence of fraud at a vote counting center.
“In the days following his appearance,” the bar group wrote, continuing to draw from the LDAD complaint, “Georgia election officials and all major media demonstrated that Mr. Giuliani’s alleged evidence was false. . “
By highlighting portions of the complaint of Miller and other past and current bar leaders, which was submitted by Ronald Minkoff of Frankfurt Kurnit Klein & Selz, the bar group said, “Like the LDAD complaint, the Miller complaint cites the Boockvar the case as an example of Mr. Giuliani’s misconduct, as well as his public claims of widespread voter fraud, including during the January 6 rally.
“These include Mr. Giuliani’s assertions that Dominion Voting Systems was part of a plot to hand over the election to Joe Biden,” the bar group noted, citing the past and current bar complaints.
The Miller complaint recognizes Mr. Giuliani’s long and distinguished career as an American lawyer for the Southern District of New York and later as mayor of New York to highlight what makes Mr. Giuliani’s conduct so reprehensible “, added the bar association.
In a second part of its report, the bar association detailed the stages of the New York State disciplinary process. The report, which was composed by the association’s professional ethics committee, the professional responsibility committee, the rule of law working group, the Council on the profession and the legal reference service committee, said it is “important for the public to understand the basis of disciplinary complaints. that have been filed, and the disciplinary process that will be followed in connection with such complaints.
“In New York, it is the judiciary, and not local bar associations or other bodies, that is responsible for disciplining lawyers who violate New York rules of professional conduct,” the association said. bar. “The process involves several stages of review: selection, investigation, disciplinary proceedings / hearing and review by the court of appeal”, as a final step, adding that “the lawyer… the case does not become public, the if applicable, only at the end of this process.