New York, United States, and District of Columbia, United States
Rudolph W. Giuliani: disciplinary decision
Supreme Court of the State of New York, Appellate Division, First Judicial Department, and District of Columbia Court of Appeals
What the decision found
According to the New York decision, the Referee sustained 16 of 20 charges and found that Giuliani made "knowing falsehoods" with the intent to deceive about the 2020 presidential election while representing Donald Trump and his campaign. The court said the statements concerned matters including claims about dead voters, underage voters and Dominion voting machines. It found violations of New York Rules of Professional Conduct 4.1, 8.4(b), 8.4(c), 8.4(d) and 8.4(h) and Pennsylvania rules applied through rule 8.5(b)(1). The court wrote that "The seriousness of respondent's misconduct cannot be overstated." He had been suspended on an interim basis in New York on 24 June 2021. The Associated Press reported that the brief DC ruling said Giuliani had not responded to an order to explain why he should not be disbarred in Washington after losing his New York licence. Colorado Politics, republishing the Washington Examiner, reported in September 2024 that the DC Bar's Board on Professional Responsibility had recommended disbarment in June.1,2,4,5
Response
In the New York proceeding Giuliani argued that he lacked knowledge that his statements were false, that he relied on affidavits and other sources, that some statements were misspoken, and that his conduct was at most "arguably negligent." He also raised First Amendment and due process arguments. The court rejected these arguments. After the DC order his spokesman Ted Goodman told the Associated Press it was "an absolute travesty and a total miscarriage of justice."1,3,5
Appeal and later events
The New York court denied Giuliani's cross-motion to disaffirm the Referee's report. No later court order reinstating him in either jurisdiction was found in the sources reviewed.1
Status now
Disbarred in New York (order of 2 July 2024) and in the District of Columbia (order of 26 September 2024), per the sources reviewed.1,3,5
Sources
- New York Appellate Division, First Department, Matter of Giuliani, Case No. 2021-00506, decision and order (2 July 2024)
- ABC News, Rudy Giuliani disbarred over false and misleading statements on 2020 election (2 July 2024)
- The Washington Times, Rudy Giuliani disbarred from law practice in DC (26 September 2024)
- Colorado Politics (Washington Examiner), Appeals court orders Rudy Giuliani to be disbarred in DC (26 September 2024)
- Associated Press via National Newswatch, Rudy Giuliani disbarred in DC after pushing Trump's false 2020 election claims (26 September 2024)