One question that arises is whether there will be any serious professional repercussions as Trump’s legal team repeats unsubstantiated claims that it can not stand up in court. John Wolf has seen this for Reuters, and the answer is probably no.
Representative Bill Paskrell Called on Friday Rudy Giuliani And other members of Trump’s legal team should be stripped of their legal licenses to bring in “trivial” cases, but legal ethics experts say prosecutor discipline is relatively rare, especially in politically charged conflicts.
All 50 states and the District of Columbia have legal protocol rules for attorneys derived from standards issued by the American Bar Association.
An APA rule states that attorneys should only claim in court that “it is not trivial if there is a basis and truth in the law”. Separately, there are rules prohibiting lawyers from publishing false statements to third parties and engaging in fraudulent conduct.
Giuliani has repeatedly made unsubstantiated allegations in the media about press conferences and election fraud.
During a Nov. 17 court hearing, he initially told a judge in Pennsylvania that he had been the victim of election fraud. But under Judge Matthew Bran, Giuliani withdrew from this unproven claim, acknowledging that “this is not a fraud case.”
Other members of the Trump legal team have generally made narrow allegations in court. Vivian Scott, a lawyer for Frankfurt Gurnit Klein & Sales in New York, said there was a reason for the discrepancy between campaigning in and out of courtrooms.
“We, as lawyers, are court officials,” Scott said. “We have a duty to provide fact-based statements.”
In Twitter and media appearances, Giuliani and the lawyer Sydney Powell It appeared to be in violation of the rules that prevent the publication of dishonest statements, said Brian Fagnan, a lawyer and ethics expert in Tennessee. The Trump campaign has since claimed that Powell did not represent it.
Foucault said Giuliani acted unethically by tweeting on November 22 that there were “Phantom Voters” in the Detroit area. The tweet appeared to refer to a cyber security analyst’s affidavit submitted to the court, which contained a major error: it confused data from Minnesota with data from Michigan.
Two days ago, the lawyer who filed the affidavit, Lynn Wood, admitted that it was wrong and that it needed to be fixed.
Giuliani should have known that his tweet was wrong, or justifiably knew it was wrong, Falcon said. “By the time he tweeted it, the screw-up was being discussed publicly,” Falcon said. President Donald Trump It has since spread this false confession on social media.
Despite these apparent ethical shortcomings, Falcon said he would not take action against Giuliani and Powell.. Investigators have limited resources and will focus on direct violations, such as lawyers stealing from clients, Fognan said.
Fognon said investigators would be wary of disciplining lawyers about politics. “When this is a very politically charged case, you know that the first line of defense is‘ you are only doing this to us because of our politics ’.