Election 2020: Federal judge hints at possible disciplinary action against lawyer


The group asked the DC District Court to stop electing oral college college legislators and Congress from confirming Biden’s victory. District Judge James Bosberg rejected his request outright, calling it a “fundamental and clear misunderstanding of the Constitution” and a “devaluation of democratic elections for the presidency of the United States.”

Bosberg also wrote in a seven-page opinion that the case had not been taken seriously from the beginning. He noted that the group did not properly communicate its objectives – including that of Vice President Mike Pence – and that it was incorrect.

“Courts are not the means by which parties engage in such sporting or symbolic political gestures,” Bosberg wrote.

“Consequently, at the conclusion of this lawsuit,” he added, “the court will decide whether to issue an order to show cause or not to refer the matter to its committee on the complaint for possible discipline of the plaintiff’s advice.”

Plaintiff’s attorney, Eric Cordell, did not respond to CNN’s request for comment.

Trump and his allies have lost nearly 50 court cases since the election, with many seeking to advance the futile principles of possible fraud, cast millions of legitimate votes, and reverse Biden’s victory so that Trump can remain in office.

Although the judges have quickly rejected the effort, few have taken concrete steps to see possible misconduct and errors in the courts and whether they have upheld their moral obligations as lawyers.

Legal experts say Trump's call could put the president at risk

Federal judges have the power to arrest people who are subjected to contempt in exceptional circumstances, and state bar associations also regulate licenses for the practice of law.

Elaine Block, a lawyer who specializes in legal ethics and an associate professor at Georgetown Law Center, told CNN: It has a definition that has no more or less a chance of success. “

Block said he was surprised and disappointed that “people who should know the rules and regulations of business conduct whether a lawsuit can proceed or not, are just filing and ready to file and stand behind one after another futile lawsuit.” . “

Tom Masoner, a partner of Harris Wiltshire and Granis in his legal ethics and misconduct group, stressed that Bosberg floats away from potential professional discipline without confirmation of wrongdoing.

“What this court is saying is, ‘I’m going to think about it, and what I’m going to think about is whether I’m issuing an order to show cause, the matter should be sent to a committee of inquiry. Or not. ‘ “Mason said. “So there are a lot of steps in between, in that statement, that any of those lawyers have behaved in any way inconsistent with their professional responsibilities.”

Mason goes on to say, “People have a right to explore the boundaries of the law to create a new law, so not every effort that people consider a novel or (without examples) is a thing. Hopefully not, because the law is such a thing.” Who lives life. And breathes and moves around. We need to push people to the limits to see where the law should develop. “

Attorney Page Patel said referring to a lawyer for possible discipline was an unusual response to a lawsuit filed for a judge. But DC District Court rules judges who find a lawsuit futile – that lawyers have no evidence to support it or no solid legal principle behind it – refer lawyers to the state bar for direct approval from the court or the lawyer. Admittedly, he said.

It didn’t look like a potentially futile lawsuit would lead to disbandment, Pete said, “You’ll definitely see sanctions from below, which we’ll call public reprimand, where the state bar says, ‘You did something wrong, don’t do it again.’ And that rebuke will be part of the lawyer’s public file and permanent file. But it’s up to the window committee. ”

“It’s your license to make a living, and Trump will probably move on sooner rather than later,” Pete added. “And if a lawyer wants to continue his practice in a particular court, you need to follow the rules of the court.”

Block added, “I imagine the threat of severe discipline will prevent lawyers from continuing,” but noted that “President Trump seems to have a greater ability to get what he wants and influence those who work for him, so I don’t think Don No, I don’t know. “

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