Petition to strike Senators Hawley and Cruz
As of January 12, 2021 at 2 p.m. ET, more than 10,000 attorneys and law students have signed the petition, including more than 2,500 members of the bars of Missouri, Texas and the District of Columbia.
We, the undersigned members and students of the legal profession, call on the bars of Missouri, Texas and the District of Columbia to immediately begin expungement proceedings against Senator Josh Hawley and Senator Ted Cruz. 
Leading efforts to undermine the peaceful transition of power after free and fair elections, Senators Hawley and Cruz attacked the foundations of our democracy. Nearly 160 million Americans exercised their right to vote in the November 2020 election. Dozens of courts have dismissed unfounded allegations of widespread electoral fraud, and the Electoral College formally endorsed President-elect Biden’s victory on December 14, 2020 Despite these clear expressions of the will of the people – and in full knowledge of the implications of their actions – Senators Hawley and Cruz have publicly announced their intention to oppose Congress’ certification of Electoral College votes set for January 6 2021.
In doing so, Senators Hawley and Cruz directly instigated the January 6 insurgency, repeating dangerous and unsubstantiated statements regarding the election and encouraging President Trump’s lawless behavior. A violent mob attacked the United States Capitol. Five people died. The nation and the world have seen rioters take over the very halls and chambers that embody our democracy. Yet after the violence and terror of the events of the day, Senators Hawley and Cruz have always chosen to stand in the chamber of the United States Senate and persist in their groundless objections to the will of the people.
These actions prove that Senators Hawley and Cruz are fundamentally unfit to become members of the legal profession. Both have blatantly violated some of the most basic ethical rules governing the legal profession. By inciting and encouraging a violent insurgency against the US government, they have potentially committed “a criminal act which interferes with the honesty, reliability or ability of the lawyer in other respects.”  And by stoking the fury of voters aggrieved by false allegations of electoral fraud, all for their own political gain, they engaged in “conduct involving dishonesty, fraud, deception or misrepresentation.” 
Most importantly, the lawyers who betray the very democratic institutions they are charged with protecting and enhancing as “public citizens”  are by definition unfit for the legal profession. Senators Hawley and Cruz have shown they have no respect for the courts by deliberately ignoring that judges across the country and the ideological spectrum have rejected President Trump’s efforts to overturn the election. They have shown that they have no respect for the Constitution by violating its words when, as members of Congress, they arguably “engaged in an insurgency or a rebellion against” the United States.  Worst of all, they have shown that they have no respect for the American public and our democracy by working tirelessly to deprive tens of millions of voters of the franchise.
Such blatant breaches of integrity are important. The very existence of our profession is symbiotic with the preservation and advancement of the American republic. If the actions of Senators Hawley and Cruz have no repercussions on their professional status as lawyers, this silence will send an unequivocal message to the rest of the legal community, to aspiring lawyers and to the American public: that it cannot be done. Trust lawyers for the task of protecting, let alone enhancing, our sacred democracy, and that lawyers can denigrate democratic institutions with impunity.
The bars of Missouri, Texas, and DC must initiate expungement proceedings against Senators Hawley and Cruz and send the message that the legal profession is a strong advocate for our democratic institutions. They must do so, whether or not Senators Hawley and Cruz consider taking on the roles of lawyer and adviser again, as private or public lawyers. It is the least that our profession can do to protect and defend our cherished ideals and institutions.
 Joshua D. Hawley is a member in good standing of the Missouri State Bar. Rafael E. Cruz is a member in good standing of the State Bar of Texas. Both are members of the Bar of the District of Columbia.
 DC R RPC Rule 8.4 (b); MO R BAR Rule 4-8.4 (b); TX ST RPC rule 8.04 (a) (2); see, for example, 18 USC § 2101 (2018) (federal incitement to riot offense); DC Code § 22-1322 (2020) (municipal incitement to riot offense).
 DC R RPC Rule 8.4 (c); MO R BAR Rule 4-8.4 (c); TX ST RPC Rule 8.04 (a) (3).
 Model Rules of Conduct Prof’l, pmbl. .
 US Const. edit. XIV, § 3.