NY court ruling a threat to legal profession

 Jonathon Turley:

...

... the fluid standard applied in Giuliani’s case raises serious concerns over how and when such suspensions will be imposed against lawyers in public controversies. Indeed, the Giuliani standard would seem to implicate a wide array of attorneys who straddle the line of legal and political advocacy.

The 33-page opinion is damning and embarrassing; in all likelihood, it will result in Giuliani’s eventual disbarment. It also is deeply concerning in its heavy reliance on Giuliani’s statements out of court. While lawyers have been disciplined for out-of-court statements in some cases, this suspension seems primarily a judgment on Giuliani’s public advocacy. The court states that when he uses “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 [Attorney Grievance Committee] contends that respondent's misconduct directly inflamed tensions that bubbled over into the events of January 6, 2021 in this nation's Capitol.”

Such rhetoric leaves the impression that the investigators and the court itself were eager to impose judgment on Giuliani for the Capitol riot and other unrest through a bar action. In an actual case for incitement, such a causal connection would be rejected by any court as a violation of free speech. Many lawyers can be accused of fanning unrest or even violence, in cities ranging from Washington, D.C., to Portland, Ore., through their declarations on subjects ranging from police shootings to election fraud.

Likewise, Democratic members of Congress, attorneys representing Democratic campaigns and lawyers serving as legal analysts on television have challenged presidential elections regularly and unsuccessfully, including challenges made at the certification of the votes before Congress. Many refused to recognize the legitimacy of Trump's presidency following the 2016 election and made elaborately argued but ultimately false claims alleging, among other things, collusion between the Trump campaign and Russia. This included lawyers who were accused of lying to the public, the media and even Congress in major controversies. Yet there was no cry to disbar the lawyers and members of Congress behind those claims or challenges.

The fact is that many reckless statements are made by lawyers about elections and other controversies. Even President Biden has been confronted over his false statements about Georgia's election law; rather than correct his claims, he has continued to repeat them — just as the court cited Giuliani for doing, outside of court.
...

I think the court is assuming facts that were never adjudicated concerning Giuliani's statements.  He was not given a chance to defend his statements and call witnesses to support them.   Were statements made in support of the Russian collusion hoax subjected to the same legal scrutiny?