Posted on 08/30/2023 8:26:47 AM PDT by Alter Kaker
A federal judge on Wednesday issued a default judgment against former Trump lawyer Rudy Giuliani and imposed sanctions on him in a civil conspiracy lawsuit filed by two Georgia election workers he had claimed mishandled ballots in the 2020 presidential contest.
Judge Beryl Howell sanctioned Giuliani for failing to comply with demands for documents and other evidence sought in the case by lawyers for the election workers, Rudy Freeman and Wandrea' ArShaye Moss.
Howell also ordered attorneys for Giuliani and the two women to propose three possible dates for trial in U.S. District Court in Washington, D.C., on the question of how much monetary damages he should be ordered to pay them as a result of the default judgment.
(Excerpt) Read more at cnbc.com ...
Of course he/she/it did. Republicans and patriotic conservatives cannot win in the so-called courts in this country. Especially if they support President Trump. You’re gonna lose.
“Giuliani’s lawyers maintained this his searches were adequate and argued that it would cost more than $320,000 for him to access the database containing messages from before the seizure of his devices.”
So the EffBeeEye raids Rudy's office and takes various documents (but not Hunter's laptop data) then the EffBeeEye colludes - again- with local officials who demand production of the documentation Rudy no longer has, then sues him for not presenting the documents? Do I have that right?
quotes:
parties must also take reasonable efforts to preserve potentially relevant evidence, including electronically stored information (”ESI”), when litigation is “reasonably foreseeable.” To incentivize and enforce compliance with these procedural rules, sanctions may be imposed when ESI should have been preserved “in the anticipation or conduct of litigation” but “is lost because a party failed to take reasonable steps to preserve it[.]”
Giuliani’s preference may be due to the fact, about which he has made no secret, that he faces liability, both civil and criminal, in other investigations and civil lawsuits. Perhaps, he has made the calculation that his overall litigation risks are minimized by not complying with his discovery obligations in this case. Whatever the reason, obligations are case specific and withholding required discovery in this case has consequences.
Are the ballots being preserved? Has the scanning order of those ballots been preserved?
Except that's not what happened.
“Supervises and participates in absentee and advanced voting processes.”
https://pickenscountyga.gov/wp-content/uploads/2021/06/Employment-SupervisorOfElectionsEL01.pdf
The workers apparently were not allowing their Supervisor of Elections to carry out the responsibilities of the office.
Ruby and Shaye did nothing wrong or suspect? I guess my eyes must be lying again!
“The law says you have to hand over requested documents or risk default judgment.”
So if I demand that you hand over non-existent documents and you don’t, then I win?
“Detroit...some of those barred from the hall grew agitated when poll officials blocked the windows with pizza boxes and cardboard to prevent challengers from viewing inside.”
Thats the one thing I've learned.
Always, ALWAYS respond to correspondence from the court (appearances etc). NEVER ignore them
From the article, looks liked Rudy ignored them.
The court just kept asking Alex Jones for documents he didn’t have.
Then punished him for it
Rudy is a lawyer, a former United States Attorney in fact. You would think he’d know that. Really weird.
At 10:30pm the ballot workers probably would have worked 13 to 15 hours already.
Most people would want to call it a day.
Then he should have said that to the federal court in this civil case. Ignoring the court is the weirdest response.
If the documents are non-existent then you can tell the court that. Discovery has existed for the entire history of our country. Not responding isn't the solution.
Appointee doesn’t matter in this case…
The summary judgement came down because Giuliani’s Atty’s refused to provide documents ordered by the court.
Any judge would do the same given this situation.
It’s a very weird legal strategy. He could have (should have?) used the criminal trial to delay the civil trial and/or invoked his fifth amendment right against self incrimination to try to avoid complying with civil discovery requests.
Had that happen in a case against the State of RI I litigated about 10 years ago. RI Superior Court Judge Sara Taft Carter put my client under Conditional Default for not producing documents that didn’t exist. Not appealable. Case settled later so no harm, no foul anyway
Freeman filed the case in federal court because the controversy exceeds $75,000 in value and Freeman and Giuliani live in different states. According to the complaint, they filed the suit in DC because Giuliani was licensed to practice law in DC, billed Trump who they say was a DC resident for this purpose, and made defamatory statements about Freeman while he was in DC.
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