In a courtroom, lawyers are ethically bound to do more than dump a far-fetched legal theory on a judge’s lap simply because it fits their (or their client’s) political narrative. You cannot file affidavits that contain materially false information, or that rely upon mere internet hearsay as a factual counter to the published data on issues such as voter turnout. You also cannot claim ignorance when signing election-fraud complaints supported by affidavits of which even a rudimentary review would have told you no laws were in fact violated.
Lawyers are given significant leeway and discretion in when and how they bring lawsuits, but they are expected—indeed required—to do basic due diligence prior to filing a complaint, such as reading the complaint before attaching your signature to it, verifying the factual allegations in the supporting affidavits, or identifying whether any applicable laws might have actually been violated. Parker’s ruling outlines how Powell and members of her team failed to do these things, and instead exploited the imprimatur of legitimacy afforded to them as officers of the court to broadcast a reckless political fantasy that arguably contributed to the events of January 6. Those lawyers now must pay significant legal bills as a form of restitution, complete legal-education retraining, and, perhaps most important, face potential disbarment by the states in which they are licensed to practice.
That’s the cost of masquerading conspiracy theories as serious legal claims, and that is as it should be. As has been made clear since last November, courthouses—and the fundamental rules of procedure upholding their marbled corridors—can form the final line of defense between our hallowed democratic ideals and those who would see them destroyed in favor of one of the most dangerous attempts at a power grab in this nation’s history.
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