Suggesting that the Vice President has the Constitutional authority to reject the results of an election might be bat-shit insane, but is it illegal to draft such a memo? I don’t think the memo itself suggested attacking Congress if Pence didn’t follow its advice so, isn’t the issue here just one of bad legal advice?
I guess my point is that, even though this lawyer drafted a memo postulating a rather bizarre and unrealistic interpretation of election laws, I’m not sure that, in and of itself, is grounds for discipline. Can lawyers really be held accountable for stupid legal advice that’s not presented in a court of law? Again, I don’t see any evidence that this lawyer suggested a violent attack on Congress; that was Trump’s call not his.