Matter of Giuliani

Rule of Law:

An attorney may be subject to interim suspension when there is uncontroverted evidence that they knowingly made false and misleading statements to courts, lawmakers, and the public, creating an immediate threat to the public interest.

Facts:

• Following the 2020 United States Presidential Election, Rudolph Giuliani represented Donald Trump and the Trump campaign in efforts to challenge the election results.
• Giuliani appeared at press conferences, radio programs, and state legislative hearings claiming that widespread voter fraud had stolen the victory from his client.
• He stated that Pennsylvania counted over 600,000 more absentee ballots than were actually mailed out, a claim refuted by official state data.
• He asserted that thousands of dead people voted in Philadelphia, specifically claiming heavyweight boxer Joe Frazier voted years after his death.
• He claimed that voting machines in Georgia manipulated vote tallies and that thousands of underage citizens and felons voted illegally in Georgia and Arizona.
• He publicly displayed snippets of video surveillance claiming they depicted Georgia election officials counting illegal ballots from 'suitcases,' despite officials having reviewed and debunked this claim.
• Giuliani continued to repeat these claims regarding dead voters and illegal immigrants on his radio show 'Chat with the Mayor' throughout early 2021.
• He represented to a federal court in Pennsylvania that his client was pursuing a fraud claim, despite his client having filed an amended complaint that removed the fraud claim.

Procedural Posture:

• The Attorney Grievance Committee for the First Judicial Department initiated an investigation into complaints regarding Giuliani's professional conduct.
• The Committee filed a motion with the Appellate Division, First Department seeking an order to immediately suspend Giuliani from the practice of law pending further disciplinary proceedings.