Brett Kavanaugh has lied to the Senate multiple times over the course of more than a decade. During his latest appearance before the Judiciary Committee, in which he denied Dr. Christine Blasey Ford’s allegation of sexual assault, former classmates created text chains just to commiserate. Several who’d not come forward before were so incensed at how flagrantly Kavanaugh lied that they released statements or made appearances. It’s really only the New York Times that’s still struggling to characterize his latest round of lies as such. The delay is, by now, tragicomical.
There’s been talk of derailing the confirmation, bringing criminal charges, and initiating impeachment, but right now all three are partisan-controlled. The statute of limitations is up in Maryland (it’s since been changed), and Jeff Sessions is never going to sign off on prosecuting Kavanaugh for lying to the Senate. And, of course, Republicans have a Senate majority.
One potential, non-political penalty has been bypassed: disbarment. Kavanaugh’s still a member of the DC Bar—he has judicial membership. And if nothing else, it’s abundantly clear that Kavanaugh has violated the DC Bar’s Rules of Professional Conduct, modeled on the American Bar Association’s, which apply to judges as well as practicing attorneys.
Kavanaugh shouldn’t even be allowed to practice law, much less make it.
The Rules have an entire section devoted to “Maintaining the Integrity of the Profession.” Here are four things that constitute professional misconduct under Rule 8.4. Attorneys may not:
(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;
(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(d) Engage in conduct that seriously interferes with the administration of justice;
Notes on what constitutes a violation of professional ethics prove that, in a stricter world, Kavanaugh would already have been reported to the D.C. Bar.
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