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Explainer: Can Trump's lawyers be disciplined for making false claims?
Reuters ^ | November 25, 2020 | By Jan Wolfe

Posted on 11/25/2020 3:34:47 AM PST by Oldeconomybuyer

In the weeks since U.S. President Donald Trump lost the election, his lead lawyer Rudy Giuliani has repeatedly made baseless claims of widespread voter fraud and the campaign brought a flurry of lawsuits challenging the results, many of which were dismissed.

Representative Bill Pascrell, a Democrat, on Friday called for Giuliani and other members of the legal team to be stripped of their law licenses for bringing “frivolous” lawsuits and allegedly attempting to help Republican Trump steal the Nov. 3 vote from President-elect Joe Biden.

But legal ethics experts say attorney discipline is relatively rare, especially in politically charged disputes.

Here’s why Trump’s lawyers are very unlikely to face disbarment, suspension, or even lighter sanctions such as a fine.

All 50 states and the District of Columbia have legal ethics rules for lawyers that are derived from standards published by the American Bar Association.

One ABA rule says that lawyers should only assert a claim in court if “there is a basis in law and fact for doing so that is not frivolous.”

Rules governing attorney conduct apply both inside and out of the courtroom.

“Lawyers definitely have a lot more leeway in press conferences, but they still cannot engage in deceit in their statements,” said Keith Swisher, an ethics law professor at the University of Arizona.

On Twitter and in media appearances, Giuliani and attorney Sidney Powell appeared to have run afoul of rules barring them from making dishonest statements, said Brian Faughnan, a lawyer and ethics specialist in Tennessee.

(Excerpt) Read more at reuters.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: bias; election2020; journalism; media
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1 posted on 11/25/2020 3:34:47 AM PST by Oldeconomybuyer
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To: Oldeconomybuyer

They have to prove the claims are false. Do they want to do that?


2 posted on 11/25/2020 3:39:31 AM PST by IgnorerOfLiberals
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To: Oldeconomybuyer

“...has repeatedly made baseless claims of widespread voter fraud...”

Didn’t need to read any further...


3 posted on 11/25/2020 3:40:18 AM PST by PubliusMM (RKBA; a matter of fact, not opinion. Mr Trump, we've got your six.)
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To: Oldeconomybuyer
Attorneys make all kinds of assumptions in courts every day. It's part of their job.

In fact, there was some thing called "Suppose, suppose" which was used by attorneys to build cases which was attached to a particular law school.

4 posted on 11/25/2020 3:42:09 AM PST by Sacajaweau
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To: PubliusMM

Reuters: Didn’t need to read further.


5 posted on 11/25/2020 3:43:29 AM PST by Russ (I )
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To: Oldeconomybuyer

as long as you schmucks fall under the same... lets see how that pans out...


6 posted on 11/25/2020 3:43:30 AM PST by sit-rep ( )
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To: Oldeconomybuyer

Sure ... let’s discipline the attorneys right after the media.


7 posted on 11/25/2020 3:43:58 AM PST by Right_in_Virginia ( )
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To: Oldeconomybuyer

If so, there are many journalists, lawyers, and Deep Staters that will need some serious discipline.


8 posted on 11/25/2020 3:50:47 AM PST by JerseyDvl (No Faith in the Electoral Process! FRAUD REIGNS SUPREME.)
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To: Oldeconomybuyer
Rudy Giuliani has repeatedly made baseless claims of widespread voter fraud

He has never made claims of widespread voter fraud. He has mad claims in a limited number of counties. The libs always put that widespread in with their claims that there was no voter fraud.

9 posted on 11/25/2020 3:53:38 AM PST by TheCipher (To my mind Judas Iscariot was nothing but a low, mean, premature Congressman. - Mark Twain)
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To: Oldeconomybuyer

No more than any of the Trump accusers and attackers have been the past four years.


10 posted on 11/25/2020 3:56:07 AM PST by tired&retired (Blessings )
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To: Oldeconomybuyer
Explainer: Can Trump's lawyers be disciplined for making false claims?

Who says they're making false claims? You would have to prove that they knew what they were saying was factually incorrect. I don't see that as being the case.

11 posted on 11/25/2020 4:00:04 AM PST by DoodleDawg
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To: Oldeconomybuyer

This article is irony rich.......

Journalists trying to apply truth standards to lawyers....


12 posted on 11/25/2020 4:13:03 AM PST by nevergore (I have a terrible rash on my covfefe....)
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To: DoodleDawg

They did yesterday about the legislative hearings. Looking to see this morning what the deal is and how it happened.


13 posted on 11/25/2020 4:15:48 AM PST by RummyChick (I blame Kushner.)
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To: Oldeconomybuyer

Can the Biden family be disciplined for their criminal fraud activities with the governments of Ukraine, China or Moscow????


14 posted on 11/25/2020 4:16:48 AM PST by high info voter
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To: Oldeconomybuyer

Seriously?

Maybe we should look to a few of those democrat lawyers over the last 4 years.


15 posted on 11/25/2020 4:17:35 AM PST by EBH (God Save the Republic. God is in Control. God knows what He is doing. )
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To: TheCipher

And it depends on what constitutes “widespread” anyway. If he’s only saying there was fraud in Atlanta, Detroit, Madison, Milwaukee, Philadelphia, Pittsburgh, Maricopa county, and Las Vegas... that IS “widespread.”


16 posted on 11/25/2020 4:20:48 AM PST by A_perfect_lady (The greatest wealth is to live content with little. -Plato)
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To: Oldeconomybuyer

and I am sure that the author, Jan Wolfe, has carefully read the affidavits attached to the complaints filed by Trump and friends... sure


17 posted on 11/25/2020 4:21:35 AM PST by Stingray51 ( )
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To: Russ

Can Reuters, AP, CNN, MSNBC, NPR, etc. be charged for lying to the American people every day for the last 4 years?


18 posted on 11/25/2020 4:23:34 AM PST by Machavelli (True God)
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To: Oldeconomybuyer

Can Reuters be disciplined for making false claims?


19 posted on 11/25/2020 4:26:24 AM PST by Nateman (If the left is not screaming, you are doing it wrong!)
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To: RummyChick

So looking at what happened since last night...still no report of hearings. Arizona and michigan deny it.

Trump needs to find out if he is being sabatoged from within
.
.and what is going to go on in pa is not a hearing..but its a start. Still not a hearing.


20 posted on 11/25/2020 4:27:18 AM PST by RummyChick (I blame Kushner.)
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