Former New York City Mayor Rudy Giuliani, personal attorney to U.S. President Donald Trump, speaks in Philadelphia, Pennsylvania, November 7, 2020.
Eduardo Munoz | Reuters
A New York court on Thursday suspended Rudy Giuliani from practicing law in New York state due to making “false and misleading statements” about the election loss of former President Donald Trump, his client.
The suspension, which takes effect immediately, is a stunning blow to Giuliani, the former New York City mayor who previously served as a top Justice Department official and as the U.S. Attorney in Manhattan.
It also comes as Giuliani is under criminal investigation by that same federal prosecutor’s office in Manhattan in connection with his work in Ukraine.
Giuliani and Trump since last November have made false claims about the legitimacy of the election of President Joe Biden, claiming that Trump was swindled out of a victory only by widespread ballot fraud in key swing states.
Giuliani’s suspension, which was ordered a day short of his 52nd anniversary as a licensed lawyer in New York, was sought by the Attorney Grievance Committee for the First Judicial Department, which encompasses Manhattan. The suspension was granted by the Appellate Division for that same department of state Supreme Court.
The court, in its 33-page suspension order, noted that “interim suspension is a serious remedy, available only in situations where it is immediately necessary to protect the public from” an attorney’s violations of the Rules of Professional Conduct.
“We conclude that there is uncontroverted evidence that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020,” the order said.
The court also said Giuliani’s “false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client.”
“We conclude that respondent’s conduct immediately threatens the public interest and warrants interim suspension from the practice of law, pending further proceedings before the Attorney Grievance Committee.”
One of the examples cited by the order was Giuliani’s repeated claim in an effort to discredit election results that “dead people ‘voted’ in Philadelphia.”
Giuliani at various times claimed that 8,021 dead people’s ballots were cast, “while also reporting the number as 30,000.”
“As the anecdotal poster child to prove this point, he repeatedly stated that famous heavyweight boxer Joe Frazier continued to vote years after he was dead and stated on November 7, 2020 ‘he is still voting here,’ ” the order noted.
In fact, the order added, “The public records submitted on this motion unequivocally show that respondent’s statement is false. Public records show that Pennsylvania formally cancelled Mr. Frazier’s eligibility to vote on February 8, 2012, three months after he died.”
Giuliani’s suspension is temporary, pending the outcome of a full formal disciplinary hearing.
His lawyers John Leventhal and Barry Kamins said in a statement, “We are disappointed with the Appellate Division, First Department’s decision suspending Mayor Giuliani prior to being afforded a hearing on the issues that are alleged.”
“This is unprecedented as we believe that our client does not pose a present danger to the public interest,” the statement said. “We believe that once the issues are fully explored at a hearing Mr. Giuliani will be reinstated as a valued member of the legal profession that he has served so well in his many capacities for so many years.”
New York state Sen. Brad Hoylman, D-Manhattan, who had filed a complaint about Giuliani’s conduct with the Attorney Grievance Committee, said, “I’m glad” about the suspension.
“The profession of law is a sacred and noble one,” Hoylman said in a statement. “And there can be no room in the profession for those who seek to undermine and undo the rule of law as Rudy Giuliani has so flagrantly done.”
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