New York State Bar Association Launches Historic Inquiry Into Removing Trump Attorney Rudy Giuliani From Its Membership

The New York State Bar Association (NYSBA) strongly condemned the violent uprising that occurred at the U.S. Capitol on Jan. 6, orchestrated by individuals bent on subverting the will of the voters by disrupting the certification of the 2020 presidential election results.

[OCS: I wonder what they think about the violent uprising in Portland that saw a federal courthouse attacked with firebombs and federal officers assaulted with projectiles, explosives, and lasers, and injured.]

Thankfully, Congress overcame this assault and fulfilled its constitutional responsibility in certifying the Biden-Harris victory. However, we must address the root cause of this abhorrent incident, the blame for which lies first and foremost with President Donald Trump.

But the president did not act alone. Hours before the angry mob stormed the Capitol walls, Trump’s personal attorney, Rudolph Giuliani, addressed a crowd of thousands at the White House, reiterating baseless claims of widespread election fraud in the presidential election and the Georgia U.S. Senate runoffs.

[OCS: Assumes facts not in evidence as there are demonstrable instances of election fraud from California to New York that are still to be investigated. What is not known is whether the cumulative effects of these voter irregularities can overcome the thin vote margin that was used to certify state elections and send electors to vote.]

“If we’re wrong, we will be made fools of, but if we’re right a lot of them will go to jail,” Mr. Giuliani said. “Let’s have trial by combat.”

NYSBA has received hundreds of complaints in recent months about Mr. Giuliani and his baseless efforts on behalf of President Trump to cast doubt on the veracity of the 2020 presidential election and, after the votes were cast, to overturn its legitimate results.

[OCS: Imagine that, a lawyer advocating for his client’s position. Without an evidentiary hearing in a court of competent jurisdiction, those that filed complaints and those members of the NYSBA who authorized this investigation have no valid basis for claiming that Giuliani’s efforts were baseless.]

As widely reported, these efforts included the commencement and prosecution of court actions in multiple states without any evidentiary basis whatsoever. In each and every instance, these actions were appropriately dismissed by the courts in which they were brought.

[OCS:  I read a number of these lawsuits, and they were accompanied by “evidence” consisting of affidavits and declarations that were executed under the penalty of perjury. I seem to remember that there were no evidentiary hearings, and the lawsuits were dismissed on procedural grounds such as time bars and a lack of standing.] 

As the nation’s largest voluntary state bar association, NYSBA has a responsibility to defend and protect the rule of law.

[OCS: This is not true. The Bar Association was formed to lobby on behalf of its membership and to improve their horrible public image. Had the NYSBA been required to actually defend and protect the rule of law, they would have intervened in a number of matters involving unconstitutional activities that have occurred in the State of New York.]

Based on these complaints, and the statement Mr. Giuliani uttered shortly before the attack on the Capitol, NYSBA President Scott M. Karson has launched an inquiry pursuant to the Association’s bylaws to determine whether Mr. Giuliani should be removed from the membership rolls of the Association.

[OCS: One wonders if Giuliani has a cause of action for defamation against the complainants, jointly and severally, should widespread election fraud be discovered?]

NYSBA’s bylaws state that “no person who advocates the overthrow of the government of the United States, or of any state, territory or possession thereof, or of any political subdivision therein, by force or other illegal means, shall be a member of the Association.”

[OCS: This is patently ridiculous as Giuliani did not advocate for the overthrow of the government – only the application of constitutional provisions that would lead to a fair and honest election. Even worse, the NYSBA would need to investigate a number of New York attorneys who support Marxist and communist causes that do advocate for the overthrow of the government. Notice that the NYSBA left out the word “violent” as in the “violent overthrow of the government?”

Mr. Giuliani’s words quite clearly were intended to encourage Trump supporters unhappy with the election’s outcome to take matters into their own hands. Their subsequent attack on the Capitol was nothing short of an attempted coup, intended to prevent the peaceful transition of power.

[OCS: This is pure and unadulterated bullshit. Nobody was armed. Nobody was seeking to take over the government in a “coup.” Most were lookie-loos seeking selfies and souvenirs. And the NYSBA cannot read minds. Did the NYSBA overlook the presence of trained agitators dressed in MAGA gear?]

Mr. Giuliani will be provided due process and have an opportunity – should he so choose – to explain and defend his words and actions.

[OCS: The NYSBA is not a court of law, and Giuliani would be well within his rights to sue the Bar Association for defamation and make them defend their assertions in a court of law. Calling every complainant, by name, as a fact witness to the actions they allege.]

This decision is historic for NYSBA, and we have not made it lightly. We cannot stand idly by and allow those intent on rending the fabric of our democracy to go unchecked.

<Source>