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Politics by other means? Giuliani suspension should worry all lawyers

Posted on 6/29/21 at 4:39 am
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124330 posts
Posted on 6/29/21 at 4:39 am
Turley, like Dershowitz, is a rare commodity --- an honest Leftist and lawyer.
quote:

Politics by other means? Giuliani suspension should worry all lawyers
By Jonathan Turley
June 26, 2021

This week, New York's Supreme Court took the extraordinary step of suspending Rudy Giuliani, former federal prosecutor and counsel to former President Trump, from practicing law. As a long-standing critic of Giuliani for his baffling, self-defeating and at times bizarre statements, I found the action was, on some level, reaffirming.

However, the fluid standard applied in Giuliani’s case raises serious concerns over how and when such suspensions will be imposed against lawyers in public controversies. Indeed, the Giuliani standard would seem to implicate a wide array of attorneys who straddle the line of legal and political advocacy.

The 33-page opinion is damning and embarrassing....

Such rhetoric leaves the impression that the investigators and the court itself were eager to impose judgment on Giuliani for the Capitol riot and other unrest through a bar action. In an actual case for incitement, such a causal connection would be rejected by any court as a violation of free speech. Many lawyers can be accused of fanning unrest or even violence, in cities ranging from Washington, D.C., to Portland, Ore., through their declarations on subjects ranging from police shootings to election fraud.

Likewise, Democratic members of Congress, attorneys representing Democratic campaigns and lawyers serving as legal analysts on television have challenged presidential elections regularly and unsuccessfully, including challenges made at the certification of the votes before Congress.
....

Yet while the court seemed to apply a special "Giuliani rule," it is unlikely to stay that way if — to paraphrase Carl von Clausewitz — the bar becomes "nothing but a continuation of politics by other means."

LINK
Posted by mauser
Orange Beach
Member since Nov 2008
21814 posts
Posted on 6/29/21 at 4:58 am to
It's an attack on his politics by the Progfilth.

"The concern in this case is that we are seeing a weaponization of bar investigations after a wide (and well-funded) campaign to harass Republican lawyers, their firms and their clients after the 2020 election"
Posted by Wednesday
Member since Aug 2017
15511 posts
Posted on 6/29/21 at 5:24 am to
quote:

What is missing in this opinion is a clear standard for when the failure to establish a case — as Giuliani failed to do with his election fraud claims — is a disbarring offense. In reality, many cases collapse in court over insufficient evidence. Election challenges are made without access to critical records or data held by election boards or officials — indeed, litigants often go to court to gain such access. Likewise, public interest lawyers often bring cases against the government, which classifies or withholds evidence.


So unbelievably scary. What the NYSC did is a threat to free speech rights, access to courts rights, and access to counsel.

If they can deprive a US President of right to counsel, what does that say to the rest of us.

I’m a practicing lawyer and I continue to maintain that this is the most disturbing thing to me about the treatment of Trump and his supporters.
Posted by JColtF
Lake Charles, LA
Member since Aug 2008
4749 posts
Posted on 6/29/21 at 6:24 am to
We're just seeing the natural progression of the Left.

They 'won' it all so now its time to consolidation power and finish the job

The purge of the political class:

1) Trump
2) His inner circle
3) His family
4) His most vocal and powerful supporters
5) The rest of his supporters
6) Those that questioned the election at any time and in any way
7) Those that still refuse to denounce him
8) Those that didn't denounce Trump soon enough or loudly enough (where Mitch & Co. get the axe)
9) Those that dissent on any view of the Left (never Trump Republicans get the axe)
10) Those that aren't vocal enough in their support of the Left (silence is violence)
Posted by RCDfan1950
United States
Member since Feb 2007
35061 posts
Posted on 6/29/21 at 9:02 am to
They threaten us all; either agree with their version of politics and religion, or pay the price of Social Media 'cancel culture' or State-empowered persecution. Fascism 101. This very Post is 'insurrectionist', from the Left's chosen POV.

The heavy hand and frustration from said persecution will build until some seemingly mundane event triggers a snoball response. The Left thinks they will "never let a good crisis go to waste"...however..."as ye judge, so shall ye be judged". Urban areas will be a 'walking dead' nightmare, for real. As it spills into the Suburbs, real 'justice' will begin it's reassertion.

Hubristic, self-righteous idiots.
Posted by bayouvette
Raceland
Member since Oct 2005
4790 posts
Posted on 6/29/21 at 9:08 am to
You can actually put fake witnesses on the stand, create a script for them, get caught and still practice...
.

Ben crump
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
68417 posts
Posted on 6/29/21 at 9:12 am to
Lin Wood is on the chopping block as well.

Georgia doesn't want him around
Posted by nitwit
Member since Oct 2007
12267 posts
Posted on 6/29/21 at 9:31 am to
Giuliani should have been disbarred solely on the basis of his repeated dishonest representations to the courts. His depiction of those suits to the general public, while equally dishonest, are political and are protected by the First Amendment.
The NY Bar has no business disciplining lawyers for dishonest politics.
They were well within their rights to disbar him for professional misconduct outside of politics.
Posted by Baylor Kyle
Big D
Member since Apr 2021
261 posts
Posted on 6/29/21 at 9:43 am to
This is very concerning and obviously politically motivated. As noted above, no one lies more than Ben Crump, and he seems to still be practicing.

Lawyers unintentionally mislead the courts every day and are not disbarred. Many do so intentionally. I have not seen any evidence that he intentionally lied. This is another march toward authoritarianism.
Posted by Auburn1968
NYC
Member since Mar 2019
19824 posts
Posted on 6/29/21 at 9:50 am to
Giuliani is the federal prosecutor who decimated the NY Mafia and tamed the decades long "intractable" problems of NYC.

He is guilty of collecting evidence of voter fraud through witness affidavits, expert testimony, video proof and in-depth investigations. Crooked dems don't like that any more than the Mafia did.
Posted by Jack Carter
Member since Sep 2018
10569 posts
Posted on 6/30/21 at 10:53 am to
Meanwhile:

Ex-FBI lawyer Kevin Clinesmith given probation after guilty plea in John Durham probe
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79404 posts
Posted on 6/30/21 at 11:06 am to
Yeah, a lot of the checks and balances are being eroded with no signs of stopping.

Corporations can't be relief upon to act in their own profit interest anymore.

Entities like the ACLU have gone full on speech repression in some instances

Professional licensing bodies which have often taken highly controversial positions at odds with public sentiment are bowing to the radical will of urban/coastal elites and will gradually progress to where doctors/lawyers/counselors are purged and unemployable if they engage in wrongthink.
Posted by kmdawg17
'Murica
Member since Sep 2015
1525 posts
Posted on 6/30/21 at 11:21 am to
quote:

Giuliani suspension should worry all lawyers


It shouldn't worry anyone...it should motivate lawyers to mobilize against this bullshite
Posted by Zapparocks
Member since May 2021
63 posts
Posted on 6/30/21 at 11:29 am to
The ruling stated Giuliani made "demonstrably false and misleading statements to courts, lawmakers and the public at large".

It is the height of stupidity and arrogance to lie under oath.

Even Bill Barr thinks he is a moron!



Posted by biglego
Ask your mom where I been
Member since Nov 2007
76642 posts
Posted on 6/30/21 at 10:35 pm to
Lawyers are mostly leftist nowadays
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 6/30/21 at 10:37 pm to
quote:

Dershowitz, is a rare commodity --- an honest Leftist and lawyer.


Defender of Epstein and many other highly questionable legal opinions…did he read one of your DMs?
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