Giuliani permanently disbarred from practicing law in District of Columbia
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(WASHINGTON) — Former New York City Mayor Rudy Giuliani has been permanently disbarred from practicing law in the District of Columbia, a court of appeals panel ruled Thursday.
According to the ruling, Giuliani’s disbarment is a resort of reciprocal discipline resulting from his law license being stripped in New York state over his efforts aiding former President Donald Trump’s bid to overturn the 2020 election.
Giuliani’s law license had already been suspended in D.C.
The appeals court panel noted that Giuliani declined to respond when given notice back in July that he could face reciprocal discipline.
In a report issued in July, the D.C. Board on Professional Responsibility recommended Giuliani be disbarred, saying that in his capacity as personal attorney to then-President Trump, he committed misconduct by his “frivolous and destructive” efforts to overturn President Joe Biden’s win through his failed legal challenges to the election results in Pennsylvania.
According to the report, the former New York City mayor violated two legal ethics rules in bringing the lawsuit, which sought to block the certification of votes in the state following Trump’s defeat.
The committee said that one of the rules was violated when he filed the lawsuit in Pennsylvania “when he had no factual basis and no legitimate legal grounds to do so.”
The other rule Giuliani violated was Pennsylvania’s Rules of Professional Conduct, the report said.
“He claimed massive election fraud but had no evidence of it,” the committee wrote.
(NEW YORK) — A federal judge in New York on Tuesday set a trial date for April 14 in the libel lawsuit that Sarah Palin, the former Alaska governor and Republican vice presidential nominee, brought against The New York Times.
The trial date was decided over the objections of both the plaintiff and defense, who asked for a date in July to give the two sides time to possibly reach a settlement out of court.
“This case should not require very much preparation since it’s a retrial,” Judge Jed Rakoff said during a conference Tuesday.
A federal judge in New York on Tuesday set a trial date for April 14 in the libel lawsuit that Sarah Palin, the former Alaska governor and Republican vice presidential nominee, brought against The New York Times.
The trial date was decided over the objections of both the plaintiff and defense, who asked for a date in July to give the two sides time to possibly reach a settlement out of court.
“This case should not require very much preparation since it’s a retrial,” Judge Jed Rakoff said during a conference Tuesday.
“We just wanted to take some of the pressure off,” Turkel said.
The 2nd U.S. Circuit Court of Appeals ruled this summer that Palin can again try to hold the paper liable for a 2017 editorial that wrongly suggested she incited the 2011 mass shooting that killed six people and wounded then-Democratic Congresswoman Gabrielle Giffords.
The federal appeals court said Rakoff made errors during the first trial that “impugn the reliability” of the jury’s verdict finding the Times not liable.
“If you’re seriously interested in settling you can settle in a matter of days,” Rakoff said Tuesday. “If you want to be referred to a magistrate for discussions I can do that on 24 hours’ notice.”
Rakoff, in a brief order last week, said the new trial “under no circumstances will be later than February 2025, and, if the parties prefer, can be as early as mid-December 2024.”
The appellate court said Rakoff erred when he excluded evidence about James Bennet, who oversaw the newspaper’s editorial board. Palin argued the evidence could help her show the Times acted with actual malice, the standard a public figure must meet to prevail in a libel case.
The 2017 editorial, entitled “America’s Lethal Politics,” linked the 2011 shooting of Giffords to a digital graphic of a crosshairs over Democratic congressional districts published in March 2010 by Palin’s political action committee. A relationship between the crosshairs map and the shooting was never established. Rather, at the time of the editorial, the attack was widely viewed as a result of the shooter’s mental illness.
Palin’s original defamation lawsuit was dismissed but, in 2019, the 2nd Circuit vacated the dismissal. The case went to trial in 2022, and Rakoff granted the Times’ motion for a directed verdict days before the jury found the newspaper was not liable for defaming Palin.
(LOS ANGELES) — More than 8,600 firefighters simultaneously battling three major Southern California wildfires made substantial progress overnight, taking advantage of cooler and wetter weather to increase containment lines on all three blazes, authorities said Sunday.
The largest blaze — the Bridge Fire burning in Los Angeles and San Bernardino counties — was at 54,567 acres as of Sunday morning, according to the California Department of Forestry and Fire Protection (Cal Fire).
More than 2,600 emergency personnel battling the fire increased containment to 9% on Sunday, up from 2% on Saturday morning. Fire crews ensured a “minimal” spread of the inferno by about 800 acres overnight, according to Cal Fire.
Two firefighters have been injured in the Bridge Fire, which began on Sept. 8. At least 19 structures have been destroyed and six damaged, with 11,560 more still under threat, Cal Fire said.
The northwest corner of the fire was most active through Saturday, Cal Fire added, while the east side of the blaze still poses risks to residents in the Mount Baldy area, where evacuation orders remain in effect.
Firefighters held their containment line on its south side in the Sunset Peak area, and increased containment there by 2%.
The cause of the Bridge Fire remains under investigation.
Elsewhere in the Los Angeles area, firefighters were gaining the upper hand on two other major wildland blazes.
Line Fire
Firefighters in San Bernardino County increased containment of the Line Fire to 36% on Sunday morning, up from 25% to 29% on Saturday, according to Cal Fire. The blaze, which was started Sept. 5 by an alleged arsonist, was 38,421 acres in size as of Cal Fire’s latest update Sunday morning.
Some 36,300 structures are being threatened, with one destroyed and three damaged as of Sunday. There are 4,103 fire personnel fighting the blaze, with three firefighters so far injured.
“Late Friday night and into the early hours Saturday, Line Fire activity was moderated due to higher moisture levels,” San Bernardino National Forest officials said, though they added that danger of spreading fire remained in dry vegetation, drainages and along slopes.
“The weather is expected to remain cool over the next several days which will continue to help moderate fire behavior,” the national forest officials said.
Airport Fire
Firefighters battling the Airport Fire in Orange and Riverside counties grew containment from 9% to 19% on Saturday, Cal Fire reported, with the fire now 23,519 acres in size.
The wildfire destroyed 109 structures and damaged 24 more as of Saturday night, Cal Fire said, with another 21,993 still threatened. Fourteen people — 12 firefighters and two civilians — have been injured.
“Favorable weather conditions persisted, with the marine layer returning this evening and forecast light precipitation in the coming days,” Cal Fire wrote on Saturday evening.
“Despite recent weather, the dry vegetation has exhibited active fire behavior, indicating the continued risk of increased fire activity,” Cal Fire said.
“Evacuation levels are being assessed daily by fire managers in collaboration with law enforcement based on fire containment and safety considerations,” it added. “Efforts are underway to safely return residents to their homes as conditions permit.”
The Airport Fire began around 1 p.m. PT on Tuesday, sparked by county public works crews working on a fire prevention project by trying to move boulders to prevent public access — mostly by motorcyclists — to an area of the canyon with a lot of dry vegetation that could ignite easily, officials told Los Angeles ABC station KABC.
ABC News’ Samira Said and Tristan Maglunog contributed to this report.
(NEW YORK) — Attorneys for two former Memphis police officers convicted of obstruction in the beating death of Tyre Nichols filed motions for acquittal on Friday, both arguing that the government failed to prove the charge during the federal trial.
Tadarrius Bean, Justin Smith and a third former Memphis police officer, Demetrius Haley, were initially charged with four counts in the beating death of Nichols, who ran from officers during a routine January 2023 traffic stop.
Bean, Smith and Haley were found guilty of the charge of obstruction through witness tampering on Oct. 3 when a jury returned mixed results in the federal case.
“There is absolutely no record evidence that supports an individual finding of Mr. Bean guilty of obstruction of justice,” Bean’s attorney John Perry argued in Friday’s motion. Meanwhile, Smith’s attorney Martin Zummach argued in his motion that “the government’s own proof established that Justin Smith had no intentional knowing desire to obstruct justice or withhold information in the reporting process or persuaded, or attempted to persuade, a witness in order to hinder or delay any investigation.”
Asked for further comment, Perry referred ABC News to the motion on Monday, saying that “it speaks for itself.”
“With God’s help, I will do my best to speak through and within the judicial process on behalf of Justin,” Zummach told ABC News via email on Monday.
ABC News reached out to the U.S. Department of Justice (DOJ) but requests for comment were not immediately returned.
All three former officers were also initially charged with three additional counts — violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. Bean and Smith were found not guilty on those charges.
Meanwhile, Haley was acquitted of depriving Nichols of his civil rights causing death but found guilty on the lesser charge of depriving him of his civil rights resulting in bodily injury. He was also found guilty of conspiracy to commit obstruction.
The former officers did not take the stand in their own defense during the federal trial and pleaded not guilty to all charges.
According to the DOJ, Bean and Smith each face a maximum penalty of 20 years in prison, while Haley faces a maximum penalty of 10 years in prison for both the violations of depriving an individual of their civil rights “and for being deliberately indifferent to the known serious medical needs of a person in his custody.” Haley faces a maximum penalty of 20 years in prison for witness tampering charges, the department noted.
A federal judge for the U.S. District Court for the Western District of Tennessee on Oct. 7 ordered Haley to be held without bond until sentencing on Jan. 22, 2025, according court documents, but ruled that Bean and Smith were allowed to be on supervised release until the sentencing date.
According to court documents, Haley’s attorney filed a motion on Oct. 10 for Haley’s bond to be reinstated, arguing that the judge “erred in concluding that Mr. Haley was convicted of a crime of violence and subject to mandatory detention,” citing the fact that Haley was “acquitted of violating civil rights resulting in death and convicted of the lesser included offenses of violating civil rights resulting in bodily injury.”
ABC News reached out to the court but requests for comment were not immediately returned.
Body camera footage shows Nichols, 29, fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition. Nichols died in the hospital on Jan. 10, 2023.
Two additional officers – Emmitt Martin III and Desmond Mills Jr. – were also charged in the federal case and testified during the trial for Bean, Smith and Haley after pleading guilty to some of the federal charges.
The five former officers charged in the case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
All five former officers are also facing state felony charges, including second-degree murder, in connection with Nichols’ death. Bean, Smith and Haley pleaded not guilty to these charges. They pleaded not guilty to these charges.
