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Saturday, January 09, 2021

Sanctions, disbarment, and sedition

There was discussion prior to Wednesday about sanctions or bar consequences for the attorneys who brought the nonsense election challenges. Even if Trump and his lackeys did not commit incitement on Wednesday, there was a steady stream of statements about election fraud, stolen elections, and official malfeasance, including in court documents and in press conferences and quasi-hearings related to those lawsuits. Given potential  evidence they were part of a coordinated effort that caused, even if unintended, Wednesday's events, might that affect how courts judge sanction requests, how willing courts are to raise sanctions sua sponte, and how state bars judge disciplinary actions?

Posted by Howard Wasserman on January 9, 2021 at 11:11 AM in Civil Procedure, Howard Wasserman, Judicial Process | Permalink


Sanctions must be what suffices to deter misconduct by these people or those similarly situated. Sanctionable conduct includes filing a lawsuit for an improper purpose. If nothing else, what happened Wednesday might be evidence of that improper purpose.

Posted by: Howard Wasserman | Jan 9, 2021 4:38:55 PM

Frivolous lawsuits should lead to proportionate sanctions for lawyers.

The Capitol invasion itself was planned online, in advance. DOJ must investigate and charge those who planned/led the riots. They are the direct cause. Lawyers involved in the planning or rioting should be seriously punished, possibly disbarred.

But taking a very broad view of causation of the riot in order to legally attack political enemies would be improper. The desire is understandable, given the awfulness of the crime, but the law should be applied fairly.

Posted by: Cornelius | Jan 9, 2021 4:26:04 PM

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