Dershowitz on Giuliani: no due process, no hearing, vague criteria

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Alan Dershowitz, Harvard Law Professor Emeritus, said if Rudy Giuliani can be disbarred without a hearing, there won’t be any lawyers left. There was no due process, no hearing. and the criteria they used is so vague that anyone who says anything to a third party and it turns out to not be true…”My God, there’d be no lawyers left.”

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During a Sunday appearance on New York City WABC 770 AM radio’s “The Cats Roundtable,” Dershowitz elaborated on the “danger” of allowing Giuliani to be disbarred “without a hearing.” He argued that equal justice for all is now “mortally wounded.”

“I taught legal ethics for, I don’t know, 35 years at Harvard Law school. I think of myself as a leading expert on legal ethics. I’ve never ever seen a case where a lawyer was essentially disbarred … without a hearing,” Dershowitz outlined.

“I mean, the most basic concept of due process is you don’t deprive somebody of his living, of his freedom, of his ability to work without a hearing. And then the criteria under which they suspended his law license is so vague. It says in the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law to a third person. In other words, if he goes on your show, or he goes on my podcast, or he goes on Fox or anywhere else, and he makes a statement which turns out to be false, and he had reason to believe it was false, he could be disbarred.

“Do you know how many lawyers we’d have left if we applied that standard across the board? …

“We have case after case after case where prosecutors, defense attorneys, lawyers of every kind, have made statements … which turn out to be untrue, and they’re never disbarred. And certainly not without a hearing. And so, this is a first. … The atmosphere is such today that if you defended President Trump in any way, they’re out to get you. And they’re certainly out to get Rudy Giuliani.”

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