Thread by @FoxCahn

I'm tired, I need some downtime, but drafting this ethics complaint against #RudyGiuliani may just be the most cathartic paperwork I've ever filled out. Who knows if it will do any good, but we have to try.

https://twitter.com/FoxCahn/status/1328837775643308032

Dear Members of the Departmental Disciplinary Committee:

On November 11th, 2020, at approximately 1:30 PM ET, I witnessed the above-referenced Rudolph (“Rudy”) William Louis Giuliani appear before the United States District Court for the Middle District of Pennsylvania...

in the matter of Donald J. Trump for President, Inc. v. Boockvar, 4:20-CV-02078. I witnessed this hearing telephonically, using the District Court’s audio-conferencing system.

During the course of said arguments, Mr. Giuliani made numerous false statements to...

...United States District Judge Matthew W. Brann. These actions were an apparent violation of Mr. Giuliani’s duty of candor to the tribunal pursuant to Rule 3.3(a)(1) of the New York Rules of Professional Conduct.

Although these infractions occurred in a Federal court in Pennsylvania, this committee retains jurisdiction pursuant to Rule 8.5. First, the committee retains jurisdiction under Rule 8.5(a) to discipline an attorney regardless of where their conduct occurs.

Second, at the time of writing, it appears that Mr. Giuliani was suspended from the District of Columbia Bar for non-payment of fees. As such, it would appear that Mr. Giuliani is subject to this committee’s jurisdiction under Rule 8.5(b)(2)...

...as he is licensed in no state other than New York and because his office of record is within the state.

Turning to Mr. Giuliani’s false statements, he specifically breached his duty of candor by falsely stating:

•The he, Mr. Giuliani, was a member in good standing of the Bar for the District of Columbia. His membership, as noted above, was actually suspended.
•That there was widespread, national voter fraud during the 2020 presidential election.

•That hundreds of thousands of ballots in Pennsylvania were counted without Republican observers.
•That over 1,000,000 votes were cast illegally in Pennsylvania.
•That Mr. Biden and his campaign “stole” an election.
•That elections officials engaged in mafia like activity

While I recognize that Mr. Giuliani is a senior member of the bar with a history of public service, his experience should require him to meet a higher standard, not excuse behavior that would be readily sanctioned in a more junior attorney.

I urge you to show all New Yorkers that our ethical rules will be applied against all attorneys, even those who are powerful, prominent, and politically well connected.

Sincerely,
Albert Fox Cahn, Esq.

Drafting the ethics complaint against Rudy felt good. Writing this piece about it for @thedailybeast felt even better. 😁

thedailybeast.com/its-time-to-ta…