Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results

We have been discussing the campaign of harassment and threats against Republican lawyers to get them to drop election challenges. New Jersey Democratic Rep. Bill Pascrell expanded that campaign this week with a malicious and frivolous demand for New York and other states to disbar roughly two dozen lawyers for representing Trump, the Republican party, or the Trump campaign in the litigation.  While Democratic members and the media discuss attacks on democracy and the rule of law, they appear to have little problem with campaigns to threaten and harass both lawyers and legislators for raising questions about the election.

 

Such calls have become common place. Indeed, during the impeachment trial of President Trump, North Carolina Law Professor Michael Gerhardt predicted that the entire Trump legal team would be disbarred after their representation of the President.

Many of us criticized Rudy Giuliani for his performance in this litigation, particularly the controversial press conference held last week. Indeed, I have previously criticized Giuliani for his public comments and allegations. However, Pascrell wants Giuliani disbarred specifically for filing these legal actions as well as a host of other lawyers.

Pascrell wrote to the Grievance Committee for three New York Judicial Districts that “Mr. Giuliani has participated in the filing of a series of absurd lawsuits seeking to overturn the will of the voters … and has caused irreversible damage to the public trust in the fair administration of our elections.” Pascrell claimed that filing the cases constitutes “clear” evident that he was violating the state’s Rules of Professional Misconduct that prohibit “dishonesty, fraud, deceit” and “misrepresentations.”

The letters to various state bar associations seems to go out of its way to self-identify as a vicious attack on any lawyers who do not yield to demands that they remove themselves from any election challenges:

“The pattern of behavior by these individuals to effectuate Mr. Trump’s sinister arson is a danger not just to our legal system but is also unprecedented in our national life. In carrying out that perversion, they have clearly violated the … Rules of Professional Conduct they swore to uphold and should face the severest sanction your body can mete out: revocation of their law licensures. The holding of a law license is a sacred responsibility. You have an opportunity here to make a powerful statement in support of our democracy and deter future charlatans and miscreants from warping our legal and political
systems for their own profit.”

As I have previously discussed, it is a familiar campaign that is unfolding without objections from most media figures, lawyers, or law professors. Indeed, this is a campaign that has been led by lawyers against lawyers.

Groups like the Lincoln Project targeted law firms and launched a campaign to force lawyers to abandon Trump or his campaign as a client. This effort resulted in Twitter blocking the Lincoln Project for targeting individual Trump lawyers in a tweet (accompanied by a skull-and-crossbones emoji) that was deemed threatening and abusive. That only seemed to thrill the Lincoln Project. It reportedly joined Democrats in targeting law firms like Porter, Wright, Morris & Arthur and threatening its lawyers with professional ruin. It claimed that any firm working for Trump on election litigation was part of a “dangerous attack on our democracy.” Trying to strip people of their counsel, of course, is the real attack on our democracy — and it worked: The firm buckled and withdrew, saying the pressure caused internal struggles and at least one lawyer’s resignation.

At the same time, Democratic leaders like Michigan’s Attorney General  Dana Nessel have threatened criminal prosecution against those who have posted videos alleging voting fraud and even threatened possible prosecution of legislators who meet with President Trump or raise challenges to the election results.  The media is virtually silent on these threats to coerce lawyers and legislators into silence. That is not viewed as a threat to the rule of law.  The threats against lawyers follows a pattern where Democratic members are calling for blacklists and others denounce any questioning of the Biden victory as akin to “Holocaust denial.” I spoke last week to Republican lawyers who described death threats, doxxing, and continual harassment for their representation in these lawsuits. The message is that if you represent the wrong side you will be denounced, doxxed, and disbarred.

Pascrell is not alone in calling for such bar actions as a new way to pressuring Republican lawyers, particularly after the dismissal of the Pennsylvania lawsuit a couple days ago. However, while the court offered a scathing analysis of the claims, it also found that the individual voters had “adequately pled that their votes were denied” and might be entitled to other relief. However, the court balked at the notion of negating the votes of others in response to such alleged voting errors.  That is not the type of ruling that leads to suspension, let alone disbarment. While the court slammed the Trump campaign on its legal claims, it did not impose sanctions against the lawyers. I agree with the court’s conclusion and I have been critical of claims in some of these lawsuits as facially insufficient to block certification. However, that does not mean that these voters — or their lawyers — should be barred or punished in seeking judicial review.

What Pascrell is doing is undermining our legal system by using his office to advance a campaign targeting lawyers and legislators who raise objections to his party prevailing in the presidential election. As with the Lincoln Project’s campaign, this is raw retaliation and intimidation to deter the use of our legal process. When such actions were taken against lawyers representing civil rights groups and others in the 1960s, it was correctly denounced as an outrageous abuse of our legal system. Now that Republican lawyers are being targeted, it has become a campaign supported members of Congress, thousands of lawyers, and the media.

What Pascrell is doing is a dangerous form of demagoguery that should be denounced by people of good-faith regardless of their political affiliations.

 

309 thoughts on “Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results”

  1. George227, this just entered my email box. I think we need lawyers to look at it. This is just one of many similar reports that has been released. Trump is likely to lose, but he is following the law by reviewing the election process in several states. Of course we are seeing lawyers working for Trump being threatened. No. I don’t think Democrats should be supporting such actions.

    Group files emergency petition in Wisconsin after finding 150,000 potentially fraudulent ballots
    “These discrepancies were a direct result of Wisconsin election officials’ willful violation of state law” – Amistad Project’s Phil Kline

    https://justthenews.com/politics-policy/elections/group-files-emergency-petition-wisconsin-after-finding-potentially-150000?utm_source=breaking-newsletter&utm_medium=email&utm_campaign=newsletter

  2. Biden is a feeble old man mentally incapable of holding office. He’s also a dirty politician who became criminally rich selling access to power.

    If I were his attorney I wouldn’t allow him to speak at all.

  3. Jonathan: Why is Trump continuing to push ahead with litigation and other dead-end strategies he and his personal attorney, Rudy Giuliani, probably know will fail? The easy first answer is that Trump loves the trappings of power, the “celebrity” status that goes with the office; the ability to command daily public attention–to act as the ultimate “master of ceremonies”. What Trump doesn’t like is the hard work that goes with being president. That is why he has spent more time playing golf than any other president. Escaping to the links while on the public dole to play and promote his golf properties is what Trump does best The other answer is that when he leaves office on January 30th Trump faces a lot of litigation from prosecutors in New York to over two dozen women who claim he sexually assaulted them. Having to sit down for a deposition as an ordinary citizen is something Trump does not relish. No wonder he doesn’t want to give up power and has thought about leaving the country. In addition, by refusing to accept the election results Trump believes he can convince his followers that the 2020 election was, to use his words, the “most corrupt election in American political history”. That will be his mantra should he choose to run again in 2024.

    The sad part of this charade is that lawyers, like Giuliani and his elk, have emboldened Trump to believe the election was stolen from him and encouraged him to fight on–even to try to disenfranchise millions of voters in the process–especially in predominantly black voting districts like Detroit. It is sad that lawyers would want to endorse such a racist strategy. To paraphrase an old American folk song the Trumpian lawyers have “sold their souls to the company store”.

    You have also encouraged Trump’s futile court challenges and defended Giuliani and other Trump lawyers against charges they pursued racist strategies and have violated ethical codes of conduct for lawyers. Glenn Kirschner, an attorney and NBC News legal analyst, expressed the problem better than I could: “It angers me when I hear Donald Trump lawyers and defenders say, ‘You have a right to bring these cases!’ Actually, no. You have every right to bring a winning case. You don’t have a right to file a frivolous lawsuit for purposes other than winning a lawsuit, like trying to undermine public confidence in elections”

    Fortunately, the election results show voters were not intimidated by Trump’s threats to bring down our Democracy. They voted in unprecedented numbers to reject Trump’s attempt to turn our country into another Banana Republic!

  4. If we were to design an electoral process that would provide the citizens as close to 100% confidence as possible that it was clean, what would it look like?

    1. Voter registration validates each individual that registers to vote exists and is eligible.
    2. Voter registration rolls are scrubbed and confirmed under penalty of prosecution that no ineligible voter is registered to vote.
    3. Every eligible voter physically able must vote in person on election day and present a valid, state-issued voter ID. Voters unable to acquire a valid ID will be provided a government-paid service to acquire a voter ID and register to vote. Any eligible voter unable to appear in person on voting day must request an absentee ballot and return the ballot post-marked on or before election day.
    4. Every voter receives a receipt that provides a record of their votes cast.
    5. Every voter signs a record that they received a receipt of the votes they cast as being accurate.
    6. All ballots are hand counted and electronically scanned (with a physical receipt).
    7. Chain of custody of all ballots, ballot boxes, etc. must be able to establish who physically handled these ballots.
    8. Election Day should be a National Holiday. No results should be reported, including exit polling, until the last poll is closed.
    9. Nothing regarding our election process should ever be off-shored.
    10. Every person working in any capacity on the election must swear under penalty of prosecution that they will uphold these laws.
    11. Any violations of this process should be treated as a national security threat and prosecuted as such.

    I’m sure to have missed something. But this list list would give me a lot of confidence in our electoral process. Compare that with the process we currently have and one would believe the current process is designed to defeat election security.

    1. Yes! The Democrats will never agree. And as long as they can cheat and get away with it…why would they agree.

    2. RULE # 3 IS ABSURD! With This “COVID Virus” Discouraging VOTING IN PERSON, & OLDER REGISTERED VOTERS UNABLE “TO PHYSICALLY VOTE in Person…MAIL IN VOTING WORKS & SHOULD ALWAYS BE ALLOWED!
      Donnie Boy LOST BECAUSE HE “NEGLECTED TRUTH, RULES & HONEST COMPASSION & EMPATHY.
      PLUS ALL HIS LIES & MISINFORMATION!
      OUR USA CITIZENS SPOKE, VOTED & SEALED HIS FATE!
      ALL BY HIMSELF & NEGLECT

      1. 🤣 From #3: Any eligible voter unable to appear in person on voting day must request an absentee ballot and return the ballot post-marked on or before election day.

        So no, not absurd. Your panic attack was unnecessary. What else ya got?

  5. This story puts a pretty bow on the 2020 gift we are likely to open this Christmas season. This is the Democratic party.

    Just a day after opposing incarceration during a period of record crime in the Twin Cities region, Walz announced, with the flick of his royal pen, a new edict criminalizing human socializing. Anyone caught socializing with someone not a part of their household — whether inside their home or in the open air outside — is subject to a $1,000 fine or 90 days in the jail cells that have been emptied of robbers and murderers. This is on top of reinstating all the previous lockdown policies from the spring.

    Additionally, anyone caught “threatening” to gather or defy these royal edicts will be fined up to $25,000. Waltz has violated every clause of the Bill of Rights. In the process, he has also ignored the preamble of the Minnesota constitution, which begins, “We, the people of the state of Minnesota, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity …”
    https://www.theblaze.com/op-ed/horowitz-minnesota-governor-dictator-criminalizes-life-itself-while-carjacking-becomes-states-pastime?utm_source=theblaze-breaking&utm_medium=email&utm_campaign=20201124Trending-horowitz&utm_term=ACTIVE%20LIST%20-%20TheBlaze%20Breaking%20News

  6. In the interest of uniting the country, what reason(s) exist that should convince the citizens that the election results as they currently exist are legitimate? Conversely, what reason(s) exist that should convince them the results are not legitimate?

    1. In 1960 Richard Nixon accepted without complaint that Chicago Mayor Richard J. Daley stole the election for JFK. Chicago vote fraud became increasingly blatant until, in the election of 1982, about 100,000 fradulent votes were cast for Governor of Illinois. A federal task force indicted and covicted 63 machine Democrats for various kinds of vote fraud. Chicago elections got a lot cleaner after that.

      The only way to stop vote fraud is to prosecute it. Accepting it without comment merely encourages more of it. I want to see a federal special counsel appointed to prosecute vote fraud in the 2020 election. For starters, all of the dead mail in voters have fingerprints on their envelopes. All of the Biden only ballots probably don’t have voters’ fingerprints on them, just the people who filled them in. Credible testimony of US Postal workers back dating ballots should be followed up. If we want clean elections, we have to prosecute.

        1. Even if we did lose, there was a lot of vote fraud. It should be investigated. Or are you taking the tradational position of Democrats, that vote fraud is just a part of democracy we have to live with? May the ghost of Hizzonner, Mayor Richard J. Daley, be with you.

              1. So your position is no need to prosecute obvious vote fraud. So much for the rule of law. I’m in favor of prosecuting vote fraud, no matter who did it.

            1. Close your eyes, stamp your feet, stick your fingers in your ears and yell, “No fraud!” repeatedly. That will make it go away. Who’s a child?

                1. I was a USAF Computer Systems Analyst Officer 1972-1976. I got a Meritorious Service Medal in 1976. I have never flown on a B-52, only a KC-135 and a C-47. How about you?

                  1. Comm fixer. Worked at Air Force Flight Test Center, (Airman of the Month, October 1966, since were doing that), and got my hands on almost on everything. Then sent to help put together the team, build our shops, test the systems in the Florida swamps, deploy it and operate it for a year as Igloo White, the electronic battlefield.
                    We were unarmed airborne electronic reconnaissance, in lumbering EC-121R aircraft.

                  2. Eddie’s Airplane Patch was a warp in reality for me. I used to lecture my fellows who were bored about how they would tell their grandchildren how they worked with Yeager, or supported NASA in X-15 and Lifting Body launches for progress, dodge Blackbirds, and had to work around XB-70s. I loved working on F-104s with additional rocket motors and attitude thrusters in nosecone and extended wingtips to train Apollo and later astronauts how to use reaction systems for control.
                    But the rest was a mix of daily grind and sudden slaps in the face, such as crashes, or running into a freshly-back Gary Powers alone near me on the flightline. I had experiences there that were B-movie believability but real.

            2. There was no fraud.

              No rational person would state that. Of course there was fraud. There’s always fraud. The question is how extensive was the fraud and whether it changed the results of any race.

                1. Destroyers: Parsons (DDG-33); David R. Ray (DD-971); Oldendorf (DD-972); Destroyer Tender: Prairie (AD-15)

                  Thank you for asking.

                  1. I had a friend who served on a DE. Sounds small to me. I would like that.
                    Cool.
                    I was USAF, got to work on prototype and experimental aircraft at Edwards AFB ,then helped to put in the Electronic Battlefield in Vietnam. All was wonderful until I started asking why we were killing people in their own country. One day I wanted some music, so I mixed some signals from a signal generator with the antenna feed and got a VHF aircraft radio to pick up our base station, AFTN in Thailand. Within two hours, I heard the entire saga of us losing the Scorpion as it happened. We are still lying about it.

                    It turned me against the war and the folk prosecuting it,and all I wanted to do was get back home and start my life. But I was way too vocal about it and went into the hospital twice. I spent 11 weeks in a group of terminal blood cancer patients waiting my turn to die, but didn’t. Their first.

                2. Oops. I missed putting in my information.

                  Destroyers: Parsons (DDG-33); David R. Ray (DD-971); Oldendorf (DD-972); Destroyer Tender: Prairie (AD-15)

                  Thank you for asking.

        1. I’ll agree that mathematically Illinois wasn’t needed for JFK’s victory. The rest of the article is hand waving, not proof. I have lived in the Chicago area for most of my life. It’s fairly certain that the Daley machine threw a couple of ballot boxes from Republican areas in the city into Lake Michigan. Divers recovered the boxes decades later. The fraud occurred in Chicago. Cook County suburbs at that time were solid Republican with honest elections. The arguments in the Washington Post artical were bogus, based on irrelevant statistics. I have an MS in Statistics from the University of Illinois, 1972, so I just might know what I’m talking about.

          I also notice you didn’t argue about the convictions of 1983, based on the elections of 1982. Was that because you looked them up and found out they really happenned?

      1. Daley could steal Illinois; electoral votes. That wasn’t enough to hand the presidency to Kennedy. You’d have needed to steal Texas or Missouri in addition. Recall that at the time voting by mail was quite unusual and you had no networked tabulation machines you could hack.

        1. Thanks for your irrelevant comment. My point was that tolerating vote fraud encourages more of it, not that JFK won due to Hizzonner da Mayr. However, now that you’ve mentioned them, LBJ did have a record of vote fraud in Texas, and Kansas City didn’t have a great record for honest votes in Missouri either. Not that either place stole enough votes to make a difference. Just that vote fraud unpunished gets worse.

      2. Voter fraud exists, and the people who engage in it should be and are prosecuted (two examples of 2020 charges here: https://twitter.com/JohnFetterman/status/1327619075971932160). It’s not common.

        “For starters, all of the dead mail in voters…”

        First you have to check whether they’re actually dead: https://www.11alive.com/article/news/politics/elections/2-georgians-accused-of-being-dead-and-voting-are-alive/85-88dff3c1-8e78-4ac2-ae9c-96838e5b02a8

        1. Better than prosecution is preventing it in the first place. See Olly’s suggested method of voting. Democrats pushed for methods of voting that could not be controlled. Anyone care to guess why?

          That is why the vote is being rightfully contested. Even if Biden is declared a winner we might have better insight into problems that occur with the system Democrats pushed.

          1. Please stop accusing the Democrats of cheating, when we know who that really is, don’t we, Melania?
            He is the entire world’s idea of The Poor Sport.
            A Republican acting like a four year-old in front of the entire world.

            But Daddy’s back now, and Mommy, too.

            1. Please stop accusing the Democrats of cheating, when we know who that really is, don’t we, Melania?

              I posted a list of steps I believe we should have to best eliminate election fraud. Please take a look at it and provide your opinion of that list. Would you have any objections and why?

            2. George227, I thank you for your service.

              If the legislature of a state is constitutionally responsible for voting laws, then how can anyone else all of a sudden change them?

              If Republicans are supposed to observe the counting process how can they be forcibly removed to places where they cannot see?

              Why would anyone want voter fraud made so easy?

              You fought for this country and I respect that . I don’t care if you are a Democrat or a Republican. I have been both and like neither. I care for our Constitution. I care for our citizens. I love my country, but I realize how fragile our government is and how quickly liberty can slip away..

              Put in the type of voter rules suggested by our mutual friend Olly and I will have no arguments. That is how voting is supposed to be done, one legal citizen, one voluntary vote.

            3. Nice deflection. Why can’t we just stay with the problem and that is the cheating. The only time we really know what is happening is when there is a close election and a deep dive is taken. For any one that is really interested, check out Rossi v Gregoire in 2004. First question I would be asking any of these “swing states” that went to mail in voting is when was the last time the voter roles were cleaned up. Washington state does a decent job but yet it is reported about 7k dead people voted this last go around (about 1.5k were legit votes, i.e. there voted and then died.

      1. “working together”
        The wicked Witch of the West skywriting “Surrender Dorothy” over the Emerald City.

      2. Being from a communist country I could tell you that leftists are pure evil. Looking at what’s happening in the US now I’m half relieved that the country still seems to be against it in general mindset and half worried that it seems to be slipping more and more in that direction. I wish there was more studying and discussion about Chairman Mao and the CCP so the “idealists” here could know history better and gain insights. Many of things we saw recently in the US had happened in China not long ago.

  7. Lawsuits In The News

    General Motors Blowing-Off Trump’s Litigation Against California Standards

    General Motors turned its back Monday on the Trump administration’s legal fight to nullify California’s strict fuel economy rules, signaling that it was ready to work with President-elect Joseph R. Biden Jr. to reduce climate-warming emissions from cars and trucks.

    The decision by Mary Barra, the General Motors chief executive, to withdraw her company’s support for Trump administration efforts to strip California of its ability to set its own fuel efficiency standards was a striking reversal. It was also a signal that corporate America is moving on from President Trump.

    More specifically, it was a sign that Mr. Biden may find the auto industry amenable as he tries to reinstitute and rebuild Obama-era climate change regulations that Mr. Trump systematically dismantled, at times with the help of industry.

    “President-elect Biden recently said, ‘I believe that we can own the 21st century car market again by moving to electric vehicles.’ We at General Motors couldn’t agree more,” Ms. Barra wrote in a letter Monday to leaders of some of the nation’s largest environmental groups.

    Edited from: “G.M. Drops Its Support For Trump Climate Rollbacks And Aligns With Biden”

    The New York Times, 11/23/20

    1. “G.M. Drops Its Support For Trump Climate Rollbacks . . .”

      American industrialists have a long, sordid history of supporting their own destroyers.

    2. This California liberal put in a PV system five years ago which paid back in three years, and now gives us free power for household and two electric cars. We do not go gas up, or need tune-ups. No oil changes, no emissions checks, and FREE transportation with the PV power.

      Electric motors need NO maintenance.
      Do not forget to open your garage door before you warm up your polluter.

      1. “Do not forget to open your garage door before you warm up your polluter.”

        Don’t forget to thank fossil fuels for the plastic and other components, and their transportation, that are necessary to build a PV system, your cars — and countless other products that you use every day. And those vaccines everyone’s waiting for? Impossible without fossil fuels.

    3. Hardly a surprise that the woman put in her position by Obama/Biden supports Biden. Selling out her company is a very good way of displaying loyalty. It’s just not very good for GM.

    1. Gray Anonymous thinks ‘race baiting’ is noting that 1.5 million Blacks live in cities that Trump attempted to disenfranchise with frivolous lawsuits.

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