One by one, the lawyers who helped Donald Trump try to steal the 2020 election are being held accountable.
The most recent example occurred a few weeks ago. A California judge has recommended that John Eastman be permanently disbarred for his role in designing a so-called legal strategy to overturn the election. The judge accused Eastman of “very serious ethical violations,” including making false and misleading statements in court filings and public statements.
Texas is having a moment right now. It's up to the state's attorney to maintain this momentum and make it clear that Texas attorneys must abide by the law.
Sidney Powell, a former Trump lawyer in Dallas, is perhaps best known for his outlandish and conspiratorial statements following the 2020 election. She infamously promised to “release the Kraken” and promised an onslaught of lawsuits that would prove Trump the rightful winner.
Barr is already used to Mr. Powell's antics. The group accused her of misconduct two years ago for filing frivolous lawsuits against four states after the 2020 election. This disciplinary issue is an important starting point and is still pending before the Court of Appeals.
However, Mr. Powell's misconduct is not limited to frivolous lawsuits, and his lawyers' efforts to hold him accountable will not stop there. Powell has now admitted to violating the law in Georgia in 2020. The lawyer's disciplinary counsel must therefore begin a new proceeding against her and seek sanctions against her up to and including disbarment.
Mr. Powell pleaded guilty in October to six counts of conspiracy stemming from Mr. Trump's attempt to overturn Georgia's election results. According to the grand jury indictment, Powell directed others to break into election equipment and steal software, images of ballots and personal voter information.
As part of his plea agreement, Powell agreed to serve six years' probation, pay fines and restitution, and apologize to the people of Georgia. (She fulfilled this requirement with one sentence of her minimal handwriting.)
But the problem doesn't end there. By committing a crime in Georgia, Mr. Powell also violated the ethical standards that all attorneys in Texas are required to uphold.
Four of the six counts relate to conspiracy to commit property theft, which are classified as “intentional” and “serious” under Texas law. If a lawyer commits such a crime, the Texas Rules of Professional Conduct state that the state bar must seek professional discipline.
These rules exist for a good reason. Lawyers have a special responsibility in our democracy. They are more than just advocates for their clients. As the Texas Rules of Professional Conduct state, lawyers “play an important role in maintaining society.” They are the guardians of the law itself.
That's one reason prominent voices called for swift action from the Bar Association after Mr. Powell pleaded guilty. In an open letter, a group of Texas lawyers, including three past presidents of the bar association, accused Powell of trying to thwart the will of Georgia voters. “In a democracy, there are few crimes as grave as this,” they write.
The Center for State Unity and Democracy and Lawyers for American Democracy, two groups, have asked the attorney's Office of Chief Disciplinary Counsel to begin a new process to completely disbar Mr. Powell. . The request included prominent Texas legal experts, former Republican state officials, and a former White House ethics adviser from both parties.
But so far, Texas courts have not taken any action to address Powell's criminal conduct in Georgia.
Now is not the time to be late. State attorney disciplinary authorities across the country clearly understand the risks and draw the line against lawyers who participated in Trump's conspiracy.
Rudy Giuliani has had his license suspended in the District of Columbia and New York State, and faces possible disbarment in the District. Jeffrey Clark faces similar sanctions for trying to use his role at the Justice Department to undermine the results of the 2020 election. In Colorado, the Office of Lawyer Misconduct Regulation filed four disciplinary charges against Jenna Ellis, who admitted to promoting election lies against Georgia state legislators.
So why was Mr. Powell's case delayed here in Texas? The court has already filed a case against her once for her misconduct. This decision should be simple and straightforward. She admitted her violation of the law and that the crime was intentional and serious. The attorney must initiate a new disciplinary action.
If we believe in the rule of law and believe that elections are determined by the will of the people, then the lawyers who participated in Trump's illegal scheme to stay in power and thereby violated their ethical obligations should be held accountable. must bear the burden. .
There has never been a more important time for all Texas attorneys to fulfill their obligations.
It is long past time for state courts to act.
James C. Harrington is a former founder of the Texas Civil Rights Project and a former adjunct professor at the University of Texas School of Law. Jillian Finer is a senior advisor at the Center for American Democracy. Lauren Stiller Riklin is executive director and board member of Lawyers Defending American Democracy.
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