Ex-prosecutor: 'Very satisfying' to see Trump’s attorneys 'held accountable' over election lies

26 July 2023

Former federal prosecutor Barbara McQuade told MSNBC's Nicolle Wallace on Wednesday that she supports disciplinary actions against ex-President Donald Trump's attorneys Rudy Giuliani, Sidney Powell, and Jenna Ellis for promulgating his lies about the 2020 election having been stolen.

McQuade was sharing her professional opinion about United States Justice Department special counsel Jack Smith's likely next indictment of Trump for his role in the attempt to overturn President Joe Biden's landslide Electoral College victory and remain in power, which culminated with him inciting the January 6th, 2021 Capitol insurrection.

"Barb, I start with you as the only lawyer of the group. This does feel like getting them where it hurts, even if it takes a very long time and isn't as high profile as a special counsel investigation out of DOJ," Wallace began.

"Yes, Nicolle. I think it's essential that these lawyers be held accountable for their lack of candor, not only to the public, but also to the court," McQuade said. "Lawyers are held to a higher standard. There are ethical standards about saying things that are truthful, and so it is, I think, refreshing to see. That they're being held accountable through bar associations. Now, that certainly does not preclude criminal charges, and it could very well be that we see one or more of these lawyers also part of some sort of conspiracy to defraud the United States. And as you say, the real important value of holding people accountable is the deterrent value. It's one of the theories of punishment why we punish people so that others will watch that example and decide it's not worth taking the risk in light of the consequences."

Wallace noted, "What's amazing to me, Barbara, is there's so much latitude, right? I mean, mobsters are entitled to a robust defense and they don't get in trouble representing mobsters. Murderers are entitled to a robust defense. Nobody disbars criminal defense attorneys for representing even the, um, murderers accused of carrying out the grizzliest crimes. I mean, there's so much latitude to represent and defend people. How is it that all of Trump's election lawyers crossed that line?" Wallace asked.

McQuade explained, "So certainly everybody is entitled to a criminal defense. People are even entitled to have lawyers bring their case affirmatively as these lawyers did in civil cases. But what you can't do is make false statements in court. A defendant who's charged with a crime can invoke his Fifth Amendment right against self-incrimination to not testify, and a lawyer can support that decision. But to go in and make overtly false statements — these statements that you just played from Giuliani and Powell and Ellis, you know about Hugo Chavez and other things — just had absolutely no evidentiary basis. The case in Michigan you referenced against Sidney Powell — that judge held an eight-hour hearing where she went through claim by claim of the statements made in the complaint filed by Sidney Powell and asked her what was the basis for each of them, and she had none. So these are the kinds of things that lawyers are not permitted to do. They can take aggressive legal positions in court, but they cannot tell lies. And so it is very satisfying, I think, to the rest of us in the legal profession who work hard to maintain the dignity and respect of the profession, to see those who taint the brand. And see them held accountable."

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