Re Rudy Giuliani’s “Interim Suspension”

rudy_giuliani_ap

New York’s Supreme Court took the draconian step of suspending Rudy Giuliani, former federal prosecutor, former mayor of New York City, and counsel to former President Trump, from practicing law based on his statements, allegation and, in some cases, presentations in court and court documents, regarding the 2020 election and his clients claims that it had been “stolen.” From the opinion:

“For the reasons that follow, 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. These 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 (sometimes AGC
or Committee).”

Note that Giuliani has been suspended before the completion of an investigation of the claims against him, or a hearing, based on a conclusion that the public is literally endangered by the possibility of his continuing to make the same claims that former President Trump and many others are making in public every day. The stated justification for the extremely rare interim suspension never explicitly made clear: exactly what is the danger to the public that justifies this? The Supreme Court of the State of New York is simply continuing the false narrative that there was a “violent insurrection” by misled members of the public on January 6 caused by the insistence of the President and others that the election was stolen by the Democrats, and Trump was really elected. Indeed, the Court writes,

“One only has to look at the ongoing present public discord over the 2020 election, which erupted into violence, insurrection and death on January 6, 2021, at the U.S. Capitol, to understand the extent of the damage that can be done when the public is misled by false information about the elections. The AGC [Attorney Grievance Committee] contends that respondent’s misconduct directly inflamed tensions that bubbled over into the events of January 6, 2021 in this nation’s Capitol.”

I shouldn’t have to point out that neither Trump nor any non-lawyers making the “stolen election” claim t have been or can be punished by the the Courts or the government, but the New York Bar’s Rules of Professional Conduct can be used to do just that to Giuliani for serving a client the judges don’t like (they are all Democrats). To justify this, the opinion uses the fact that a lawyers’ speech is more subject to regulation than normal citizens because of their “persuasiveness,” supposed trustworthiness as members of a profession that is forbidden from lying, and bootstraps its argument by noting that the real purpose of the Rules us not to punish lawyers, but to protect the public. That is true, but the purpose is to protect the public from being represented by bad and untrustworthy lawyers, or substantively harmed by lawyers assisting criminal or predatory clients, not to muzzle lawyers from making controversial statements in the public square.

This case has been the subject of much debate by my legal ethicist colleagues of late, with a depressing near-consensus that Rudy is getting what he deserves. This is because, I detect, the vast majority of lawyers cannot see through their political biases and Trump hate. At the most simple level, the ruling is premature because contrary to the Court’s certitude, all of the evidence is not in, though the claim that there was widespread election fraud and that the election was “stolen” has for many months been pronounced “a lie” by Democrats and the mainstream media with suspicious vigor. While the opinion makes a convincing case that many of Giuliani’s statements, including some made to courts and government bodies, were careless, sloppy, badly sourced, unprofessional and wrong, it cannot know at this point that his (or Trump’s) general claim is false. If its is not false, then raising doubts among the public cannot be called dangerous to the public. It is more dangerous to keep opinions, arguments and ideas from the public’s awareness “for their own good.”

Thus this is a First Amendment problem. Except for one assertion about the status of a complaint, which he later corrected, Giuliani is not accused of improprieties in court proceedings where he functioned as an advocate. The Court’s focus is almost entirely on Giuliani’s public statements on the radio, in podcasts, on TV shows and news interviews. Alan Dershowitz, along with Jonathan Turley among the very few well-known lawyers (and Democrats) who have managed to maintain their integrity during the nearly five-year attack on Donald Trump, reacted to the interim suspension by telling Breitbart (which I will not link to after being burned to many times),

“I taught legal ethics for, I don’t know, 35 years at Harvard Law school. I think of myself as a leading expert on legal ethics. I’ve never ever seen a case where a lawyer was essentially disbarred … without a hearing. The most basic concept of due process is you don’t deprive somebody of his living, of his freedom, of his ability to work without a hearing. And then the criteria under which they suspended his law license is so vague. It says in the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law to a third person. In other words, if he goes on your show, or he goes on my podcast, or he goes on Fox or anywhere else, and he makes a statement which turns out to be false, and he had reason to believe it was false, he could be disbarred. Do you know how many lawyers we’d have left if we applied that standard across the board? … We have case after case after case where prosecutors, defense attorneys, lawyers of every kind, have made statements … which turn out to be untrue, and they’re never disbarred. And certainly not without a hearing. And so, this is a first. …The atmosphere is such today that if you defended President Trump in any way, they’re out to get you. And they’re certainly out to get Rudy Giuliani.

In other words, the suspension is a politically motivated silencing. I strongly suspect that anti-Trump bias was at the heart of this slap at Giuliani, as Dershowitz says. Turley, in a piece for The Hill, expressed similar concerns:

Continue reading

Shut Up And Sing, Joan. OK, You Can Paint If You Want To…

Joan Baez, the iconic folksinger, painted that, posted it, and wrote,  “Dr. Fauci continues to be disrespected & marginalized by the administration’s lack of commitment to science. My painting offers the message to TRUST FAUCI. We can put our faith in science & truth, not lies, smoke screens & snake oil.”

It is amazing to me that so many people who continue to blame President Trump for the  results of the Wuhan virus simultaneously exonerate and extol Dr. Fauci, whose advice the administration has almost completely followed, who has frequently contradicted himself, who was saying in March that there wasn’t much to worry about, who initially said not to wear masks and then admitted that was intentional disinformation, and did this:

Moreover, the argument that policymakers should blindly follow the opinions of scientists is ignorant,  and indeed infantile. All a doctor is going to care about is the disease; he will not consider the practical aspects of his advice in other areas, like wrecking education, strangling the arts, crashing the economy, and indeed, that is something to which his expertise does not extend. Dyed in the DNA  liberals like Baez want a virtual dictatorship by scientists because of climate change, which Baez almost certainly knows nothing about other than what people like Al Gore have told her. Continue reading

Newsweek’s “Big Lie” cover (From The Ethics Alarms “Stop Making Me Defend President Trump!” File) [Part II]

Let’s finish the survey of the allegedly racist statements the “resistance’s” Big Lie strategy requires us to accept as part of its efforts to denigrate and marginalize the duly elected President of the United States.

Next up for debunking….

  • “Shithole countries.” This isn’t just a contrived race-bating gotcha, it’s a  hearsay contrived race-baiting gotcha. I wrote about this one enough here.

It’s pure crap, ironically enough.

  • Very fine people on both sides.” The Big Lie purveyors will flog this one forever. Once again Trump’s inability to use his native tongue with nuance gave his critics a club to beat him with when he declined to accept the “good vs evil” characterization of the Charlottesville riot that was being pushed by the media.  He should have said there were horrible people on both sides, for there certainly were. The protest march organized by a white supremacist group to protest the removal of a Robert E. Lee statue by the history-censoring Left undoubtedly had non-white supremacists in the group: I, for example, strongly object to tearing down Lee’s statues, and I’m a very fine people. The group that arrived to turn a peaceful an d Constitutionally protected march into a battle did not deserve the blanket endorsement the Left insisted upon: they were in the wrong, and precipitated the violence. Moreover, the President stated clearly that there was no excuse for white supremacy or bigotry. Once, admitting the humanity of your adversaries and those you disagree with was regarded as virtue. Now, it makes one a racist.

Continue reading

Newsweek’s “Big Lie” cover (From The Ethics Alarms “Stop Making Me Defend President Trump!” File) [Part I]

[And before I begin, let me say: what a despicable, juvenile, vicious, unprofessional cover, even for Newsweek. Why not just run a photo of the President with a moustache, goatee, mean eyebrows and horns scrawled on it by a 5th grade member of the “Resistance”? Do these pathetic President-haters realize how gutter-level their constant assault has become, and how it it harms the nation, society and our institutions? If they do, they are betraying their country; if they don’t, they are too ignorant and badly socialized to regard as serious critics.]

The most persistent Big Lie narrative as part of the “resistance” soft coup effort is that President Trump is a racist. This week’s Newsweek cover is amusingly inept in its efforts to advance that libelous and slanderous narrative, because it demonstrates how weak their case is. The cover is plastered with the allegedly “racist” statements the President has made that prove his bigotry. None of them are racist. Big Lie-style, however, Democrats, complicit journalists and assorted Trump-haters have been citing these quotes so long and repetitively that Newsweek apparently thinks they are res ipsa loquitur—that the speak for themselves. What speaks for itself, or should, is that Newsweek thinks, or wants readers to think, that these quotes constitute evidence of any racial animus at all, and hasn’t a metaphorical leg to stand on.

When I challenge Facebook friends to back up their “Trump is a racist” claims, all they usually can muster are these same quotes. Sad.

Let’s examine and analyze them, shall we? Continue reading

The Democrats’ “Insurance Policy”

No, this isn’t the real Steele Dossier. But then, there’s not much real about the Steele Dossier…

I wonder how many Ethics Alarms readers know about this, thanks to the responsible reporting on the news media?

Jonathan Turley, who is only called a conservative because he refuses to bow to the extreme Left like most of his law prof colleagues, provided an interesting a crucial update to the Steele Dossier scandal. You should read the whole thing, but he reveals,

  • British spy Christopher Steele was recently called for a deposition in London in a defamation action filed by three Russian bankers for allegedly false claims in the dossier. He siad that the Clinton campaign paid him and research firm Fusion GPS to compile his controversial dossier on Donald Trump as “insurance” against his being elected.
  • Though the Clinton campaign denied any involvement in the creation of the dossier that was later used to secure a secret surveillance warrant against Trump associates during the Obama administration,   the  campaign hid the payments to Fusion as a “legal fees” among the $5.6 million paid to the U.S. law firm of Perkins Coie. Times reporter  Maggie Haberman  wrote: “Folks involved in funding this lied about it, and with sanctimony, for a year.”
  • When Clinton campaign chairman John Podesta was questioned by Congress on the matter, he denied any contractual agreement with Fusion GPS. Sitting beside him was Elias, who helped devise contract. Later, confronted with the evidence, Clinton and her campaign finally admitted that the dossier was a campaign-funded document that was pushed by Steele and others to the media. Continue reading

‘Twas Two Nights Before Christmas Sunday Ethics Warm-Up, 12/23/18: Ho-Ho-Hypocrisy

Merry Christmas!

1. Yes, Merry Christmas, dammit. Those responsible for that moment of doubt and ethical uncertainty every time I encountered a stranger on my just completed Ethics Rock Extreme road trip to New Brunswick, New Jersey deserve to be entombed alive in peppermint and plum pudding.  The greeting simply says, “I wish you to be joyful and happy in a season where people are a little less selfish and a little more ethical: I’m not trying to indoctrinate you into Christianity!” Much of this completely unnecessary addition to holiday stress is due to to jerks—yes, I think the word is fair—like Julia Ioffe, the author of  “Please don’t wish me ‘Merry Christmas’/It’s impolite and alienating to assume I follow your religion.”

I thought Charles Dickens slam-dunked that nonsense definitively in “A Christmas Carol,” followed by almost all the Christmas movies that make the same obvious point except to deliberate holiday wet-blankets like Ioffe. No, jerk, the greeting is an expression of cultural unity among human beings, and the celebration of values that need have not be restricted to religious Christmas holiday because this is also a secular tradition as well. As soon as I get this post up, I’m going to re-post the Ethics Alarms Christmas commentary.

Somebody send it to Julia.

2. 2018 Hypocrisy Award, locked up! It doesn’t matter if you are happy or disappointed to see President Trump pull U.S. troops out of Syria and Afghanistan; you should still be able to marvel at the blatant, shameless, pandering, hateful and, really, laughable—if the cultural fad of denigrating the President of the United States regardless of what he does wasn’t so destructive and wrong— hypocrisy by news media Trump-haters, among others. Glenn Greenwald, who sees the world from a leftward perspective but maintains his integrity, called out MSNBC’s Rachel Maddow, who could be the symbol of the whole nauseating. He tweeted,

The most bizarre aspect of Rachel Maddow’s deep anger over troop withdrawal from Syria is that she wrote an entire book in 2012 denouncing illegal US Endless War without congressional approval – exactly what Syria is. I interviewed her about it here: Funny: citing that interview I did of Maddow’s book on the evils of Endless War without Congressional approval reminded me that she asked me to blurb that book, which I did. Here’s what I said – so ironic in light of her anger over Syria troop withdrawal

This upset Glenn’s loyal progressive followers, one of whom sent this fascinating retort:

“The most bizarre aspect of Glenn Greenwald’s inexplicable credibility is his ability to appear as first an advocate and then an opponent of almost everyone and everything. Can’t choose one perspective.”

See? To people like this—the commenter’s handle is IstandwithMaxine, which pretty much explains everything—is that they have been brainwashed to believe that is is bizarre unless adopts a single  view—theirs. of course, otherwise you are evil–and never alters it or admits that it may need re-thinking when that view leads to dead ends, disasters and pitfalls, no matter what new information arises. Someone like Greenwald, who tries to apply the same standards of analysis and ethical judgment to all regardless of whether it advances an ideology, is just untrustworthy, a traitor.

This cartoon has been circulating online. It is 100% fair and accurate regarding Trump’s critics self-indicting reaction: Continue reading

The Nauseating Caravan Apologists

As usual regarding illegal immigration, there is no “other side,” only rationalizations, dishonesty and Trump hate and emotionalism. Still, the Left’s…and the media’s but, you know, same thing… rhetoric response to the happenings at the border over the weekend represented a new low. I may just let my deranged Facebook friends stew in their own hateful craziness for a while, so I avoid snapping and telling them exactly how they are acting, which might be ethical but wouldn’t be civil. Here’s international law and human rights expert Alyssa Milano, former witch and Tony Danza’s daughter on Twitter:

“You tear-gassed women and children, asswipe! And on Thanksgiving weekend, you piece of shit, asshole, motherfucking, evil-creature-person!!”

Now, I count at least five ways this is unforgivably moronic (It’s not unforgivable to be a moron, but it is unforgivable to make moronic statements in public), but maybe you can find more that five. It is also, except for its exact choice of words, pretty much the same level of logic as most of my lawyer friends on Facebook: yes, they have been reduced by Trump-hate to the abysmal level of a washed-up celebrity with (I think) a high school education.

One: women who break the law and participate in violent attacks on law enforcement officials are as legitimate targets of non-lethal response as men. Funny how feminism evaporates when it is convenient to the feminist.

Two: Using children as human shields is child abuse, and essentially what sops like Millan are arguing is that an adult with a child should be subjected to different law enforcement standards and more lenient ones than anyone else. Wrong. Also unworkable. Also stupid. There were pictures coming out of yesterday’s chaos of men holding up toddlers as literal shields. Nice. By all means, Alyssa, let’s make that an effective tactic.

Three: Democrats, reporters and Facebook sillies were using “gassed” to describe tear-gassing as if the U.S. was breaking the Geneva convention with chemical weapons. Tear gas and pepper spray are legal, useful, necessary alternatives to deadly force in riot situations. My college classmates were subjected to tear gas twice while I was in college, and deserved it.

Four: Wait, did I miss the new law that says that violent illegal immigrants get a pass on a holiday they don’t acknowledge? Or the one that says that other laws are suspended on Thanksgiving? Or the one that says that besieged law enforcement officials are supposed to throw stuffing and cranberry sauce at their attackers?

As for Five, I offer this to Alyssa and any other hypocrite who had no complaints when this was going on, but who now excoriate Trump in vulgar terms: this link, where we find, Continue reading

Fake News Watch: “Truth Isn’t Truth”

Okay, if “enemy of the people” is too strong, how about “incompetent and malicious professionals abusing the public trust by misleading and misinforming citizens for the purpose of destabilizing the government and undermining democracy”? How’s that? Better? But doesn’t such conduct make someone an enemy of the people? And it’s so much shorter!

I didn’t see the interview, but still knew immediately that Rudy Giuliani didn’t literally say and mean “Truth isn’t truth” as the news media was widely reporting yesterday. Rudy may have lost his edge, but he’s no idiot, and he is not going to fall into an “alternate facts” gaffe like Kellyanne Conway. If you didn’t know that with relative certainty, if you didn’t assume that the biased news media was intentionally trying to make Giuliani, and hence the Trump Administration, and thus Trump himself, inherently dishonest and ridiculous,  then you are gullible, dangerously ignorant of the complexity of language and the critical role of context, or stubbornly unwilling to accept what is res ipsa loquitur now, which is that journalism has become overwhelmingly partisan and cannot be trusted.

If one witnessed the interview with NBC’s Chuck Todd that produced the fake “gotcha!” and didn’t find that false representation outrageous, then one is simply a hopeless, principal-free “resistance” fanatic.

Here was the actual exchange: Continue reading

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading

Sunday Ethics Warm-Up, “Welcome July And Hope It’s Better Than June” Edition [UPDATED]

Happy July!

(On an especially dead weekend on Ethics Alarms. But ethics never sleeps…)

1. But I thought everyone wants open borders! The Harvard-Harris poll on illegal immigration, North Korea, trade and tariffs, and the Russia investigation certainly isn’t reflected in the news reports. But then, we can’t trust polls, and we certainly can’t trust Harvard.

I suppose the theory behind yesterday’s protests is that the squeaky, angry wheel gets the insane national policy. My guess is that this particularly squeaky, angry wheel  gets a Republican Congress.

2. Nah, there’s no mainstream media bias! (Cont.)  Yesterday’s New York Times op-ed page managed to contain two of the more outrageous anti-Trump screed of recent vintage. One, by Dave Eggers, attacks “the cultural vacuum in the White House.” I suggest reading this one as a template for anti-Trump propaganda, and the kind of dishonesty underlying so much of it.  He begins,

Since his inauguration in January 2017, there have been no official concerts at the White House (the Reagans had one every few weeks). No poetry readings (the Obamas regularly celebrated young poets). The Carters began a televised series, “In Performance at the White House,” which last aired in 2016, where artists as varied as Mikhail Baryshnikov and Patricia McBride performed in the East Room. The Clintons continued the series with Aretha Franklin and B. B. King, Alison Krauss and Linda Ronstadt.

But aside from occasional performances by “The President’s Own” United States Marine Band, the White House is now virtually free of music. Never have we had a president not just indifferent to the arts, but actively oppositional to artists. Mr. Trump disparaged the play “Hamilton” and a few weeks later attacked Meryl Streep.

Normally, this is where I’d quit reading—when the writer deliberately distorts the facts and employs deceit to make his case. The President disparaged the cast of “Hamilton,” not the show itself, after its performers unethically ambushed Vice President Mike Pence, who was then only another audience member, and should have been respected as one. I have launched (let’s see) three theater companies and two professional performing groups, and I disparaged that cast as well. Meryl Streep, the well-known pal of Harvey Weinstien, went on national television and gratuitously insulted the President, who does not turn the other cheek. He didn’t  attack Streep because she is an artist. He attacked her for being a grandstanding partisan shill.

He engages in this kind of deceit throughout, such as when he writes, in conclusion,

“Admittedly, at a time when Mr. Trump’s policies have forcibly separated children from their asylum-seeking parents — taking the most vulnerable children from the most vulnerable adults — the White House’s attitude toward the arts seems relatively unimportant. But with art comes empathy. It allows us to look through someone else’s eyes and know their strivings and struggles. It expands the moral imagination and makes it impossible to accept the dehumanization of others. When we are without art, we are a diminished people — myopic, unlearned and cruel.”

Funny: art hasn’t made Eggers less dishonest and deceitful. The illegal immigrants at the border were not “asylum-seeking,” because they didn’t follow the procedures for seeking asylum. They were apprehended foreign citizens trying to sneak into our country and claiming that they were seeking asylum to hamstring border enforcement,  and were using their children as human shields, placing the Trump administration into the Catch-22 of either waiving the laws or giving open-borders activists a club to beat it with—as the Times knows, since it has explained this dilemma itself. To attribute  pure law enforcement decisions to the dearth of piano and cello concerts in the White House is forced even by the Times’ standards. Mostly Eggers is just revealing the classist snobbery underlying much of the elitist attacks on President Trump.

As an artist, and someone who has worked in the arts and indeed would have made it my career if it were financially feasible, I could not care less how many concerts a President hosts, or how many artists he fetes. I want him to do his job, and I don’t particularly care to be paying for his glitterati  nights, either.

A President’s taste in art and culture doesn’t affect the public one whit. I don’t think I would pay a dime to hear any of President Obama’s hip-hop artists or rappers. Meanwhile, Clinton having “Aretha Franklin and B. B. King, Alison Krauss and Linda Ronstadt” at the White House didn’t make him empathetic enough not to exploit Monica Lewinsky. Jack Kennedy was a  stone-cold sociopath: what did he learn from dining with “Arthur Miller, Tennessee Williams, Robert Lowell, Geraldine Page and George Balanchine”?

Hitler loved fine culture so much he had his Nazis steal thousands upon thousands of invaluable works of art across Europe, because he wanted a new explosion of creativity among the German people. Boy, if that made the Germans less “cruel,” imagine what they might have been like without their art!

And Nixon played the piano! Continue reading