A纽约法院暂停了前纽约市长鲁迪·朱利安尼的律师执照,部分原因是他是前总统的律师唐纳德·特朗普。
纽约最高法院上诉庭周四表示,将“立即暂停”朱利安尼的执照——尽管这是一次临时暂停,因此他将有机会复职。
这一裁决是对纽约律师协会要求暂停朱利安尼职务的投诉的回应。
法院的判决称,纽约律师协会“一直有责任证明被告做出了虚假和误导性的事实陈述,以支持他的说法,即总统选举是从他的客户那里偷来的”。“有无可争议的证据表明,被告进行了明显的沟通虚假和误导性的陈述作为前总统唐纳德·特朗普(Donald J. Trump)和特朗普竞选团队的律师,就特朗普2020年竞选连任失败向法院、立法者和广大公众发表讲话。"
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唐纳德·特朗普总统的律师鲁道夫·朱利安尼抵达共和党的新闻发布会
上诉庭写道:“这些虚假陈述是为了不恰当地支持被告的说法,即由于广泛的选民欺诈,2020年美国总统选举的胜利是从他的客户那里窃取的。”“我们的结论是,被告的行为立即威胁到公共利益,因此在律师申诉委员会进行进一步诉讼之前,应暂停其律师执业。”
周四下午,朱利安尼在他的WABC-纽约电台节目中动情地回应说:“我要明确地告诉你:我没有犯任何罪行或与他们有任何关系。”
“我为一个不受欢迎的客户辩护,”他说。“我为此受到了死亡的威胁。我的大部分收入都被拿走了。为此我失去了一些朋友。这不是律师应该做的吗?”
“这甚至不是一个公平的决定,”朱利安尼说,他的声音沙哑。
特朗普在一份声明中表示,朱利安尼因“打击已经被证明是欺诈性的选举”而受到惩罚。
特朗普的声明说:“纽约市历史上最伟大的市长,他那一代人的艾略特·内斯,我们国家有史以来最伟大的犯罪斗士之一,这就是激进左翼对他所做的。”“这不过是一场政治迫害,他们应该为自己感到羞耻。”
朱利安尼的律师,艾达拉、贝图纳和卡明斯的退休法官约翰·莱文塔尔和巴里·卡明斯说,他们的委托人没有构成危险。
朱利安尼的律师在一份声明中说:“我们对上诉庭感到失望,第一部门决定在对所指控的问题进行听证之前暂停朱利安尼市长的职务。”。“这是前所未有的,因为我们相信我们的客户不会对公众利益构成当前的威胁。我们相信,一旦在听证会上充分探讨这些问题,朱利安尼先生将重新成为法律界的一名有价值的成员,他多年来以多种身份出色地履行了他的职责。”
在其裁决中,法院表示,它不能夸大朱利安尼“无可争议的不当行为”的“严重性”。
“旨在煽动对我们的选举失去信心并导致对政府失去信心的虚假声明通常会损害自由社会的正常运作。法院写道:“当律师做出这些虚假陈述时,这也削弱了公众对被我们律师协会接纳的律师的诚信的信心,损害了律师行业作为可靠信息的重要来源的作用。”“人们只需看看目前公众对2020年选举的持续不满,这种不满于2021年1月6日在美国国会大厦爆发为暴力、叛乱和死亡,就能理解当公众被关于选举的虚假信息误导时,会造成多大的损害。”
联邦调查员执行搜查令今年早些时候在朱利安尼的家里和办公室,这是纽约南区联邦检察官正在进行的调查的一部分,调查涉及朱利安尼在特朗普担任总统期间据称在国外的游说努力,这是针对当时总统特朗普的第一个弹劾案件的关键焦点。
朱利安尼坚持认为他没有做错什么。
Rudy Giuliani suspended from practice of law in New York
ANew Yorkcourt has suspended the law license of former New York City Mayor Rudy Giuliani, citing in part his work as counsel to former PresidentDonald Trump.
The Appellate Division of the New York Supreme Court said Thursday it was "immediately suspending" Giuliani's license -- although it is an interim suspension, so he will have an opportunity for reinstatement.
The ruling was made in response to a complaint filed by the New York Bar Association seeking Giuliani's suspension.
The New York Bar Association "has sustained its burden of proving that respondent made knowing false and misleading factual statements to support his claim that the presidential election was stolen from his client," the court's decision said. "There is uncontroverted evidence that respondent communicated demonstrablyfalse and misleading statementsto 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," the Appellate Division wrote. "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."
Responding Thursday afternoon on his WABC-AM New York City radio show, an emotional Giuliani said, "I'm going to tell you unequivocally: I did not commit any crimes or anything close to them."
"I defended an unpopular client," he said. "I've been threatened with death for it. I've had a good deal of my income taken away. I've lost friends over it. Isn't that what a lawyer is supposed to do?"
"This is not even close to a fair decision," Giuliani said, his voice cracking.
In a statement, Trump said Giuliani was being punished for "fighting what has already been proven to be a Fraudulent Election."
"The greatest Mayor in the history of New York City, the Eliot Ness of his generation, one of the greatest crime fighters our Country has ever known, and this is what the Radical Left does to him," Trump's statement said. "It's nothing but a Witch Hunt, and they should be ashamed of themselves."
Giuliani's lawyers, retired Judges John Leventhal and Barry Kamins of Aidala, Bertuna and Kamins, said their client poses no danger.
"We are disappointed with the Appellate Division, First Department's decision suspending Mayor Giuliani prior to being afforded a hearing on the issues that are alleged," Giuliani's counsel said in a statement. "This is unprecedented as we believe that our client does not pose a present danger to the public interest. We believe that once the issues are fully explored at a hearing Mr. Giuliani will be reinstated as a valued member of the legal profession that he has served so well in his many capacities for so many years."
In its ruling, the court said it could not overstate the "seriousness" of Giuliani's "uncontroverted misconduct."
"False statements intended to foment a loss of confidence in our elections and resulting loss of confidence in government generally damage the proper functioning of a free society. When those false statements are made by an attorney, it also erodes the public's confidence in the integrity of attorneys admitted to our bar and damages the profession's role as a crucial source of reliable information," the court wrote. "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."
Federal investigatorscarried out a search warrantat Giuliani's home and office earlier this year as part of an ongoing probe led by federal prosecutors from the Southern District of New York regarding Giuliani's alleged lobbying efforts abroad during the Trump presidency, which was a key focus of the first impeachment case against then-President Trump.
Giuliani has maintained that he did nothing wrong.