A yet another political suspension of an attorney license in NY for doing his duty for his client.
The shameful political "interim" 27-page decision is here.
Note that the suspension was on motion, without a hearing, certainly without a jury trial.
Note that proceedings were closed to the public.
Note that in attorney disciplinary proceedings in New York, unlike other court proceedings, the intermediate appellate court is allowed to play all fiddles that is usually forbidden by the constitutional separation of powers principle:
1. It is a party in the proceeding (licensor);
2. it is a legislator of both attorney conduct rules AND the court procedural rules in attorney disciplinary proceedings.
3. The prosecuting attorney is officially deemed "an arm of the court", of that same court that is adjudicating the matter.
All of the above combinations of roles of the presiding court are gross constitutional violations making such proceedings jurisdictionally invalid.
Just some food for thought for the public - who is usually completely unaware as to how attorney licensing is happening in their state and country.
Btw, what they are licensing (the so-called "practice of law") is not clearly defined by statute anywhere in the country, including New York state, making the whole attorney licensing process unconstitutional.
But - since it is an attorney for Trump, why not celebrate what is otherwise unconstitutional?
Don't ask, for whom the bell tolls...
The basis for the interim suspension is - supposedly spreading false news about election fraud in the 2020 presidential elections to courts, lawmakers and the general public.
A kicker here - no courts have so far allowed discovery in election fraud cases, nor did they allow cases to proceed to jury trials.
And, without a jury, as I wrote here in my article on evidence, no other court can presume - as the disciplinary "court" did here - that there was NO election fraud.
Which is exactly what Rudy Giuliani told these idiots in his answering papers.
To no avail.
And yet another note - to the celebrating public.
If even a US President does not have a right to an independent and fearless representation by an attorney - what chances as to access to justice do average Janes and Joe from the street have?
If or when you have a sensitive issue to raise in court and you cannot find an attorney to represent you - look no further.
Otherwise, feel free to celebrate.