Rudy Giuliani could lose his law license over false election claims. Should he?

Rudy Giuliani could lose his law license false over election claims. Should he?

The District of Columbia Bar Association’s disciplinary counsel recommended Thursday that lawyer Rudy Giuliani be disbarred after a panel determined that he likely violated a rule of professional conduct when he led efforts to challenge the results of the 2020 presidential election in Pennsylvania.

The counsel, Hamilton Fox, alleges Giuliani had frivolous reasons for claiming election fraud in his suit before a federal district court in Pennsylvania. As Fox put it at a hearing concerning the potential disbarment, Giuliani “weaponized his law license to bring a frivolous action in an attempt to undermine the Constitution.”

Fox makes a compelling case that Giuliani drew up an argument and submitted papers to a federal district court that were almost certainly frivolous. But does that warrant suspension?

The panel’s recommendation of disbarment is not the final word, however. Ultimately, it is the Court of Appeals that will decide Giuliani’s discipline. Giuliani’s attorney, John Leventhal, has argued that there’s no ground for disbarment because there was reasonable support for the allegations of fraud Giuliani presented in the 2020 election suit, and that there is no evidence that Giuliani “intentionally violated” the rules of professional conduct.

But those rules require that a complaint alleging fraud must state the fraud with “particularity,” i.e., provide specific facts. A plaintiff must allege enough to reveal the existence of all the requisite elements of fraud. Allegations that are just conclusions about the fraud are not enough. 

https://www.nbcnews.com/think/opinion/rudy-giuliani-lose-law-license-false-election-claims-rcna62092


Post ID: b512dcc2-7a87-44cc-a382-db0c7b3a3106
Rating: 5
Updated: 1 year ago
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