Rudi Guiliani and co-counsel Jenna Ellis 2020
The United State's Marxist Democrat Party proves the adage the socialism arms, and deploys, all the arms and powers of the State in its cause. The cause, George Reisman tells us, is "the government's economic plan [which] is part of the supreme law of the land." The economic plan relies on collectivist Social Justice and its unattainable parent Cosmic justice, and this lies behind the current degradation of the rule of law in the US which is being substituted by political will.
Social and Cosmic Justice eliminates and supersedes justice based on the rule of law and the rights of individuals. The Marxist spawn of Critical Race theory eschews and denounces the present legal and constitutional system and has its terms like "White Privilege". George Reisman says that 'white privilege' is a term that bamboozle[s people] out of paying attention to and valuing the concept of individual rights..' leaving them with a "nebulous and highly destructive concept of white privilege. He adds: "The very concept of privilege implies injustice."
Rights justice and equality according to the law is under serious attack in the USA by the imposition of political will. Mr Giuliani’s suspension from the New York bar exemplifies the arbitrary nature of the weaponising of justice for political ends and is effected by the imposition of political will.
The degradation is not new for 2021 but has gained greater traction under the Biden Administration. A series of cases over time from Democrat prosecutors, let alone the Trump impeachments, have shown prosecutorial overreach the Enron fracas and Arthur Andersen (see the 2019 transcript https://www.foxnews.com/transcript/sidney-powell-on-robert-muellers-poster-boy-for-prosecutorial-misconduct).
The Russian Collusion Bot/Troll farming cases-without crimes- against two Russian corporations (US v Concorde Marketing and Consulting LLC and Concorde Catering LLC); The cases, along with 'Bridgegate' (Kelly v US no 18-1059 decision of the US Supreme Court on 7 May 2020 in favour of the appellants' Ms Kelly and Mr Boroni,) have been, like Arthur Andersen ones of an indictment looking for a crime. Lt General Flynn is the last in a line of politically inspired shonky prosecutions: ( see my earlier article: https://viamedianz.blogspot.com/2020/05/the-ham-sandwich-nz-hate-speech-law.html).
Mr Giuliani now joins the list.
Rudy Giuliani has had his lawyer's license suspended for a statement made on television about the 2020 election. He had earlier in the year been subject to a FBI search and seizure at his home. Previously, New York bar members who aided in cases after the election were threatened with disbarment a sitting Democrat House of Representative's member, Bill Pascrell.
Michigan Governor Whitmer had threatened the disbarment of lawyers as well. Politicians calling for disbarment is not appropriate as it arguably breaches the separation of powers and is a matter for the Courts to address. We are a long way in time from the Star Chamber.
Jonathan Turley on his legal blog noted that: "Such calls have become commonplace. Indeed, during the impeachment trial of President Trump, North Carolina Law Professor Michael Gerhardt predicted that the entire Trump legal team would be disbarred after their representation of the President."
The right to counsel is a fundamental protection of citizens from the arbitrary exercise of the power of the state.
The due administration of justice in New York State and city seems to have problems with the political weaponising of the legal system. New York State's, Democratic Party elected Attorney General, Letitia James, stood on an election platform of sending Mr Trump to jail, before even looking at any evidence.
A predetermination that someone is to go to jail before a case has been investigated and an indictment laid,
speaks loudly of arbitrary process and breach of natural justice in terms of bias.
The Manhattan DA, Mr Cyrus Vance has spent four or five years in the scurrilous chase of an indictment looking for a case and crime in Trump entities. 100 subpoenas (the number is prima facie oppressive), 3 million pages of documents, expansion of the DA's office staff and all that can be scraped up are some fringe benefits to staff and the CFO. The cost of the investigation would probably exceed the amount of tax in issue.
Apparently, this has not met with the DA's vision.However, it is the State's A-G vision who has sued Mr Trump during his presidency some 70 times and stood on a platform of getting Mr Trump convicted. Under the rule of law, neither should never have had a predetermined vision but they had the blurred vision of political will instead.
One of Mr Trump's lawyers has been under attack. Mr Rudy Giuliani's licence to practice law has been suspended and falls within the context of the political witch-hunt. The attack and suspension is another example of the weaponising of the law, as in the Flynn and Bridgegate cases and shows the degradation of the rule of law where it is substituted by the imposition of political will- the will of the party.
It is pointed out that this is hypocrisy and that the Democrats have done similar things and Hunter Biden's dealings and Hillary Clinton's email server. What is lost sight of in the call of hypocrisy, which is a traditionalist's touching call for fairness and equal treatment at law but the rules of the game have changed and the hypocrites do not care. Hypocrisy is the very point: It is about power and the imposition of political will by emerging tyranny.
This is the terra horribilis that Mr Giuliani now finds himself in.
Professor Alan Dershowitz takes the traditionalist line and sets out the position adding a warning:
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."
"The idea of holding lawyers to this standard of truth-telling when they're on television is a whole new ballgame. It will chill free speech. It will chill advocacy," he added.
Host John Catsimatidis asked if the words "equal justice for all" are dead.
"I think they are mortally wounded," Dershowitz replied. "I don't think we're seeing equal justice for all. I think we're seeing selective justice. … When a prosecutor runs for office, like the attorney general of New York ran for office on the promise that she will get Donald Trump, is that equal justice? Or is that show me the man, and I'll find you the crime?" (emphasis added; see Link below)
'Mortally wounded' ultimately means leading to and causing death. Professor Dershowitz adds that this is an ominous precedent because anyone can become a target.
A salient point to note is that the Democrat Party has the greatest number of lawyers in its ranks of any US party. The rule of law and the rule of lawyers are clearly two separate things. I have seen this with an NZLS Branch and it is chilling to see the derogation from legal norms. Like socialists and communist lawyers think in abstractions and humanity and decency dies in abstraction.
Robert Mueller's and Andrew Weissman's treatment of defendants in Arthur Andersen was illustarted by Sydney Powell in her address to Hillsdale College in 2020 on the erosion of the rule of law (see: link below). The present US Deputy A-G, Lisa Monaco was also lead counsel in the Mueller Team.
The US is in the process of a slow cold coup by its elected government. Yet, arbitrary use and abuse of power- legal power- is more likely to bring about revolt as it did in 1776. We are hard wired for fairness: it is not a social construct.
Addenda: The Mark Levin Show for 1 July 2021 played segments from the lawyers for Trump entities and the CFO about the unprecedented- it is without legal precedent- nature of the prosecution, which rightly is normally a civil matter. Mr Giuliani's case falls into the unprecedented as well.
Graham Hill MA (Hons) LL.B (Hons)
Nelson, 2 July 2021
Links:
https://www.breitbart.com/clips/2021/06/27/dershowitz-on-giuliani-law-license-suspension-equal-justice-for-all-mortally-wounded/
https://www.youtube.com/watch?v=LTV1Y_QuZOM
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