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re: Politics by other means? Giuliani suspension should worry all lawyers

Posted on 6/30/21 at 10:53 am to
Posted by Jack Carter
Member since Sep 2018
10572 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 shrevetigertom
Shreveport
Member since Sep 2005
4042 posts
Posted on 6/30/21 at 10:59 am to
quote:

I do not think intentional lies should be protected free speech
Wow. This is some scary shite.
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 6/30/21 at 11:01 am to
quote:

Meanwhile:

Ex-FBI lawyer Kevin Clinesmith given probation after guilty plea in John Durham probe


Does anyone know if the two NY lawyers who threw molotov cocktails into the police station had their law licenses suspended by the bar association?
Posted by the808bass
The Lou
Member since Oct 2012
111701 posts
Posted on 6/30/21 at 11:02 am to
They have not.
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 6/30/21 at 11:04 am to
quote:

 I do not think intentional lies should be protected free speech, particularly when they are undermining our democracy.


Well, this judge disagrees with you. He ruled that Rachel Maddow's viewers should know she's giving her opinion, not facts. Her show undermined our democracy for 4 years of Trump's presidency.

Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79406 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 NC_Tigah
Carolinas
Member since Sep 2003
124343 posts
Posted on 6/30/21 at 11:19 am to
quote:

They were well within their rights to disbar him for professional misconduct outside of politics.

Were they?
Are investigations into veracity of Giuliani's claims regarding electoral fraud not still ongoing?

Lawyers repeatedly make false claims in court, both in defense and in prosecution.

Is that the standard for disbarment?
No!

Perhaps it should be.
If it was, Andrew Weissmann and Ben Crump would be selling shoes.
I'd be all-in if lying was the standard.
But it is not.
This post was edited on 6/30/21 at 11:20 am
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 Dday63
Member since Sep 2014
2319 posts
Posted on 6/30/21 at 11:44 am to
quote:

Well, this judge disagrees with you. He ruled that Rachel Maddow's viewers should know she's giving her opinion, not facts. Her show undermined our democracy for 4 years of Trump's presidency.




I agree with that judge, and the judge who said the same about Tucker Carlson. Rudy, OTOH, was not running around the country trying to entertain people with his opinions.
Posted by Zapparocks
Member since May 2021
63 posts
Posted on 6/30/21 at 11:52 am to
quote:

I agree with that judge, and the judge who said the same about Tucker Carlson. Rudy, OTOH, was not running around the country trying to entertain people with his opinions.


Rush Limbaugh used to make this distinction quite clearly. He stated he was an "entertainer" and not a "journalist" in an effort to lessen his legal liability. Rudy is a moron.
Posted by the808bass
The Lou
Member since Oct 2012
111701 posts
Posted on 6/30/21 at 11:55 am to
quote:

demonstrably false and misleading statements to courts, lawmakers and the public at large


So all lawyers who lie to the public lose their license?

I admit that I am intrigued by this possibility.
Posted by Dday63
Member since Sep 2014
2319 posts
Posted on 6/30/21 at 11:57 am to
quote:


Lawyers repeatedly make false claims in court, both in defense and in prosecution.



No, they don't. Lawyers are not supposed to make factual claims in court at all. Lawyers present evidence (witnesses, documents, videos, etc.) Which provide facts. Some of those facts may be disputed by the other side. Lawyers then put their best spin on the facts to try to win the case, but if the lawyer presents facts that are not part of his evidence, those facts should be ignored.

And if a Lawyer ever realizes that evidence he presented to the court is actually false and inaccurate, he has a duty to inform the court. He cannot knowingly present false facts to the court.

Rudy made demonstrably false statements (such as claiming more absentee ballots were returned in PA than were even mailed out) and no evidentiary basis for those claims. He then repeated those false claims in public and before legislators in an attempt to benefit his client.

As I said before, the suspension and potential disbarrment is heavy handed and politically motivated. I would be satisfied with a fine and public censure. But I don't feel sorry for Rudy. I wish more attorneys would face this treatment in regular cases.
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 6/30/21 at 12:28 pm to
quote:

I agree with that judge, and the judge who said the same about Tucker Carlson. Rudy, OTOH, was not running around the country trying to entertain people with his opinions.


Right, he was presenting witness after witness and their sworn affidavits that they witnessed election fraud. Rudy states that his reply to the court offered these affidavits and the court did not want to see them. The court also omits this fact in their opinion.

You don't see a problem with that?
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 6/30/21 at 8:29 pm to
quote:

The ruling stated Giuliani made "demonstrably false and misleading statements to courts, lawmakers and the public at large".


In what way did the court demonstrate that his statements were false? Are we just supposed to accept the "because we said so" argument?

If the statements were "demonstrably false", shouldn't the court provide evidence to their statements?
Posted by Dday63
Member since Sep 2014
2319 posts
Posted on 6/30/21 at 9:34 pm to
quote:

Rudy states that his reply to the court offered these affidavits and the court did not want to see them. T


The Court says Rudy claimed to have affidavits, but did not offer them as evidence. Thats what Rudy has been doing all along; referencing these stacks of affidavits but not letting anyone see them.

You don't just tell the court you have evidence. You attach it as an exhibit.

The fact that Rudy has clearly forgotten how to practice law us another reason he should be suspended.
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 6/30/21 at 9:54 pm to
quote:

You don't just tell the court you have evidence. You attach it as an exhibit.


Where is the courts evidence that Rudy's statements were "demonstrably false".

quote:

Only uncontroverted claims of professional misconduct may serve as a basis for
interim suspension on this motion


un·con·tro·vert·ed

adjective
of which the truth or validity is not disputed or denied.

I think more than half of America disputes the validity of the election results. There's an audit going on and several more coming. How can the court call Rudy's claims false? It's not been determined yet.
This post was edited on 6/30/21 at 10:16 pm
Posted by Wednesday
Member since Aug 2017
15511 posts
Posted on 6/30/21 at 10:19 pm to
quote:

Where is the courts evidence that Rudy's statements were "demonstrably false".


This is exactly what is so terrifying about it.
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 6/30/21 at 10:25 pm to
quote:

This is exactly what is so terrifying about it.


I agree. And these posters who are willing to accept the courts opinion, with ZERO evidence backing their claims while disregarding Rudy's are unbelievable. I hope they are never standing before a court that proclaims, "Just take my word for it."
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
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