Congratulations to Senator Ted Cruz, the newest Trumpland lawyer to web himself a bar grievance for his efforts to overturn the presidential election. Cruz now joins a distinguished fraternity which incorporates Sidney Powell, Rudy Giuliani, Ken Paxton, Jeffrey Clark, and, after all, John Eastman. What an honor!
As flagged by Regulation & Crime, a gaggle referred to as The 65 Venture filed a grievance with the Workplace of Chief Disciplinary Counsel for the Texas State Bar. The consortium of attorneys, whose title is an allusion to the 65 rubbish lawsuits filed by numerous Krakens and crackpots in an try to reverse Joe Biden’s win in 2020, requests that the bar sanction the Texas senator for violating “quite a few” Texas Disciplinary Guidelines of Skilled Conduct by “helping with prison conduct and defending and amplifying ‘claims not backed by regulation’ and ‘claims not backed by proof (however as an alternative, hypothesis, conjecture, and unwarranted suspicion).’”
The grievance rests largely on Cruz’s involvement in Texas AG Ken Paxton’s offensively silly LOLsuit in search of to get the Supreme Court docket to toss out the electoral votes from Pennsylvania, Georgia, Michigan, and Wisconsin for unhealthy vote thingy, kind of. The justices yeeted it into the solar publish haste, however earlier than that occurred, Cruz enthusiastically endorsed Paxton’s laughable claims.
In reality, he did greater than endorse them. Even the Texas Solicitor Common refused to place his title on that piece of drek, however Cruz instructed Sean Hannity on December 7, 2020 that Trump had requested him and he’d agreed to argue the case earlier than the Supreme Court docket. He additionally claimed to be connected to a different doomed case introduced by Pennsylvania Republicans in search of to have all absentee ballots within the state tossed out.
“Mr. Cruz’s conduct earlier than and after his involvement in these issues additionally raises issues. He frequently sought to deliberately amplify these false claims on a number of events and in numerous boards,” the group alleges, earlier than pointing to a number of debunked claims about absentee poll procedures in Pennsylvania which Cruz flogged.
In keeping with the grievance, as an legal professional related to the lawsuits, Cruz failed to stick to Texas’s Disciplinary Code, which cautions that, “A lawyer shall not deliver or defend a continuing, or assert or controvert a problem therein, except the lawyer fairly believes that there’s a foundation for doing so that’s not frivolous.” Equally, it asserts that he violated the rule that “a lawyer shall not knowingly make a false assertion of fabric reality or regulation to a 3rd individual.”
Lastly, the The 65 Venture attorneys allege that Cruz’s involvement within the plot to reject electors primarily based on John Eastman’s Coups 4 Dummies memo quantities to “help[ing] or counsel[ing] a shopper to interact in conduct that the lawyer is aware of is prison or fraudulent.” And so they’ve bought US District Choose David O. Carter’s discovering that the crime-fraud exception applies to a few of John Eastman’s emails to again them up once they say that the scheme to toss out the electors was prison in nature.
Furthermore, in his testimony to the January 6 Choose Committee, Eastman took the Fifth about his communications with Cruz, suggesting that no matter they have been doing would possibly topic him to prison legal responsibility. And, bolstering the declare that Cruz was an legal professional concerned on this harebrained plot, Eastman has designated his emails with Cruz as privileged.
In March, the Texas Fee for Lawyer Self-discipline petitioned that the state’s courtroom sanction Sidney Powell for her egregious conduct after the election. However Powell was really sanctioned by a federal courtroom for misconduct, and is the defendant in a number of fits for defamatory statements she made within the election lawsuits. It’s not clear whether or not this grievance in opposition to Cruz, whose conduct appears of a unique nature than Powell’s has legs.
However at the same time as a type of “copium,” the disapprobation from the previous president of the Texas State Bar and the previous chair of its Grievance Committee, amongst different signatories, just isn’t a terrific look.
Elizabeth Dye lives in Baltimore the place she writes about regulation and politics.