The New York State Bar Association opens an investigation to remove Rudy Giuliani from its members

The NYSBA is a voluntary bar that cannot dismiss Giuliani, a former United States attorney for the Southern District of New York who is now President Donald Trump’s personal lawyer, so the dismissal would not prevent him from representing the president in an impeachment trial or other pending litigation against him. But the association’s rare move adds to the layer of criticism Giuliani has faced from the legal community because of his defense of Trump.

Giuliani continually spreads baseless allegations and conspiracy theories about the election, although there is no evidence of electoral fraud.

“If we are wrong, we will be made of fools, but if we are certain many of them will go to jail. We will do the trial by combat,” said Giuliani at Wednesday’s rally.

The NYSBA, which condemned the siege of the United States Capitol, said in a statement that it has received “hundreds of complaints in the past few months” about Giuliani’s efforts to challenge the election on Trump’s behalf and that his statements at the rally led the president of the Scott M. Karson, to determine whether the lawyer should be removed.

“This decision is historic for the NYSBA and we do not take it lightly. We cannot stand by and allow those who intend to tear the structure of our democracy out of control,” said the NYSBA in a statement.

CNN contacted Giuliani for comment on Monday.

According to its bylaws, “no person advocating the overthrow of the United States government, or any state, territory or possession of it, or any political subdivision therein, by force or other illegal means, should be a member of the Association. ” And the NYSBA said Guiliani’s comments at the rally “were meant to encourage Trump supporters dissatisfied with the election results to resolve the problem on their own.”

“His subsequent attack on the Capitol was nothing short of an attempted coup, with the aim of preventing the peaceful transition of power,” said the NYSBA.

Giuliani will have the option to contest his removal and “explain and defend his words and actions,” said the NYSBA.

CNN’s Elizabeth Hartfield contributed to this report.

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