Courts crack down on the 'Kraken' lawyers

Things are heating up in a Michigan federal court around the Big Lie, with lawyers Sidney Powell and Lin Wood facing sanctions for bringing a series of election fraud lawsuits that had no apparent basis in law or fact.

This is an extremely important development for the rule of law and the integrity of the judicial system, as it comes on the heels of a New York state appeals court’s decision suspending Rudy Giuliani from practicing law in that state for allegedly lying to the courts. Recall that Team Trump brought 65 post-election lawsuits around the Big Lie, roundly losing 64 for lack of evidence and other legal flaws — including through the pens of Trump-appointed judges.

Here’s the problem for lawyers accused of lying in court: Courts, unlike politicians, are bound by rules of evidence and procedure. They have no choice but to follow the facts and the law. Otherwise, their decisions will be reversed by an appeals court. When it comes to the 2020 election litigation, some judges are finally stepping up to punish lawyers — who are otherwise constrained by ethical rules as a precondition to maintaining a law license — for apparently abusing the courts in order to spread public disinformation for political gain.