Likewise, lawyers often make sensational, false claims that inflame public opinion, such as insisting former Attorney General William Barr violently cleared D.C.'s Lafayette Square last year to arrange for Trump’s controversial photo op outside St. John’s Episcopal Church. The claim outraged many Americans, even though there was no evidence to prove it; several lawyers repeated the photo op myth as fact on TV. An inspector general and a federal court both later debunked the myth, but the damage was done: To this day, many people believe it. Nevertheless, I do not believe any lawyers should be suspended for such claims, which should be protected as free speech. The New York court brushes over the free speech implications of its ruling with a conclusory statement that Giuliani knowingly misrepresented facts, even though it did not afford him a hearing on that or other questions. It is not enough to declare “Don’t be like Giuliani.” What is missing in this opinion is a clear standard for when the failure to establish a case — as Giuliani failed to do with his election fraud claims — is a disbarring offense. In reality, many cases collapse in court over insufficient evidence. Election challenges are made without access to critical records or data held by election boards or officials — indeed, litigants often go to court to gain such access. Likewise, public interest lawyers often bring cases against the government, which classifies or withholds evidence. When I litigated the Area 51 case, I was suing a base that the government claimed did not exist, and all information about it was classified; we prevailed in establishing environmental violations but only after years of intense litigation and denials.