New York State Bar Association considers removing Giuliani from its membership

The New York State Bar Association (BYSBA) announced Monday a historic inquiry to determine whether to revoke former Mayor Rudy Giuliani’s membership, in part for the role he played in inciting the violent riots at the Capitol building last week. In a statement issued Monday, the bar group said it “has received hundreds of complaints in recent months” about Giuliani, President Donald Trump’s personal attorney, “and his baseless efforts on behalf of Donald Trump to cast doubt on the veracity of the 2020 presidential election and, after the votes were cast, to overturn its legitimate results The NYSBA “strongly condemned” the actions witnessed last week, when supporters of Trump violently gained access to the U.S. Capitol building, physically pushing past police in an effort to disrupt Congressional certification of the 2020 presidential election. Five people, including a Capitol Police officer, reportedly died as a result of the attack. While the NYSBA said the blame for the incident lies “first and foremost with President Donald Trump,” the group added, “the President did not act alone.” Before the violent mob stormed the Capitol, Giuliani addressed a crowd of thousands at the White House, the NYSBA said in its statement. He reiterated “baseless claims of widespread election fraud in the presidential election and the Georgia U.S. Senate runoffs,” the statement said. “If we’re wrong, we will be made fools of, but if we’re right, a lot of them will go to jail,” Mr. Giuliani said, according to the NYSBA statement. “Let’s have trial by combat.” The NYSBA said it “has a responsibility to defend and protect the rule of law,” adding that, based on the influx of complaints against Giuliani and the statement he uttered shortly before the attack on the Capitol, NYSBA President Scott M. Karson launched a probe to determine whether Giuliani should be removed from the membership rolls of the association. Even if he is removed from the NYSBA association, Giuliani would still be able to practice law in New York. Authority over the conduct of attorneys rests with the Appellate Division of State Supreme Court, according to the NYSBA. It is reported Senator Brad Hoylman, a Manhattan Democrat, referred Giuliani to be disbarred in a letter to the grievance committee of the First Department Appellate Division. The NYSBA’s bylaws disallow an individual within its membership from advocating for the U.S. government to be overthrown, the group said in its statement. “Mr. Giuliani’s words quite clearly were intended to encourage Trump supporters unhappy with the election’s outcome to take matters into their own hands,” the statement said. “Their subsequent attack on the Capitol was nothing short of an attempted coup, intended to prevent the peaceful transition of power.” Giuliani will be provided due process and will be able to explain and defend his words and actions, said the NYSBA. Giuliani did not immediately respond to a request to comment. “This decision is historic for NYSBA, and we have not made it lightly,” said the group’s statement. “We cannot stand idly by and allow those intent on rending the fabric of our democracy to go unchecked.”