generally damage the proper functioning of a free society. When those false statements
are made by an attorney, it also erodes the public’s confidence in the integrity of
attorneys admitted to our bar and damages the profession’s role as a crucial source of
reliable information (Matter of Nearing, 16 AD2d at 516). It tarnishes the reputation of
the entire legal profession and its mandate to act as a trusted and essential part of the
machinery of justice (Ohralik v Ohio State Bar Assn, 436 US at 447). Where, as here,
the false statements are being made by respondent, acting with the authority of being an
attorney, and using his large megaphone, the harm is magnified. One only has to look at
the ongoing present public discord over the 2020 election, which erupted into violence,
insurrection and death on January 6, 2021 at the U.S. Capitol, to understand the extent
of the damage that can be done when the public is misled by false information about the
elections. The AGC contends that respondent’s misconduct directly inflamed tensions
that bubbled over into the events of January 6, 2021 in this nation’s Capitol.
Respondent’s response is that no causal nexus can be shown between his conduct and
those events. We need not decide any issue of “causal nexus” to understand that the
falsehoods themselves cause harm.14 This event only emphasizes the larger point that
the broad dissemination of false statements, casting doubt on the legitimacy of
thousands of validly cast votes, is corrosive to the public’s trust in our most important
democratic institutions.
Legal causation is an issue in criminal and civil actions that have arisen in the
aftermath of the January 6, 2021 Capitol riots. We understand that respondent is a
defendant in at least one civil action seeking to hold him responsible for the January 6,
2021 riots (Thompson v Trump, Giuliani, ---F Supp 3d---, 1:21-cv-00400, US District
Court, District of Columbia [Washington], January 25, 2021).
14
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