One expects the plans to contest the election that Stone et al advertised months before the election might come into play.
That is still hilarious as hell, the guy calling it at fox didnât realize that remaining vote areas had shifted republican. Oh well not surprised a guy at fox had premature voteaculation
Trump thought he was going to lose in 2016
trump was telegraphing from 2015 that heâll never accept an election he lost
I just know it ends in 809 and can be filled in for 8675309
Rudyâs bank account and mental well-being are going to get chiseled down to absolutely nothing over the next 18-24 months. Really warms the heart.
I have the feeling that this is just the start of his finding out.
a year old but came to mind just now
The order and opinion in the Giuliani case seem about as strong as possible. The Judge wrote a 57-page opinion to explain how pissed off he was at Giuliani.
Maybe lawbros can comment on how unusual this type of default judgement is.
Most default judgments are when one party just doesnât show up - itâs quite rare to have a default judgment like this where the party is active, but just not complying with discovery.
It did also happen in the Alex Jones litigations.
A 57-page default judgment is insane.
This is really more of judgment for the plaintiff as a sanction than a âdefaultâ. Terminating sanctions are the harshest penalty that can issue in a case. The judge just says you fucked around, you lose. Itâs the sort of thing that happens in maybe 1:1000 cases. Terminating sanctions with an award of attorneysâ fees is the worse thing that can happen in a case next to a judge burning down your home.
My characterization for this type of punishment would be âBiblicalâ. Good day for the law.
edit: I drafted a discovery motion last week seeking documents the opposing party is claiming are confidential and private. Reviewing this order, I am now bummed that itâs too late for me to cite Freeman v. Giuliani, D.D.C. (August 30, 2023).
Some shade from the opinion:
The reservations in Giulianiâs stipulations make clear his goal to bypass the discovery process and a merits trialâat which his defenses may be fully scrutinized and tested in our judicial systemâs time-honored adversarial processâand to delay such a fair reckoning by taking his chances on appeal, based on the abbreviated record he forced on plaintiffs. Yet, just as taking shortcuts to win an election carries risksâeven potential criminal liabilityâbypassing the discovery process carries serious sanctions, no matter what reservations a noncompliant party may try artificially to preserve for appeal
My wifeâs name is Jen so I will over-sing her digits when the song comes on.
A competent campaign would already be staging multiple ads on location from one of those two buildings.
So, Freeman probably had a strong case on the defamation claim, but often plaintiffs will throw in additional weaker claims that they might also be able to win, some can be longshots. The thing with a default judgment as a sanction is the Rudy loses on everything, including punitive damages.
Default judgment will be entered against Giuliani as a discovery sanction
pursuant to Rules 37(e)(2)(C) and 37(b)(2)(a)(vi), holding him civilly liable on plaintiffsâ
defamation, intentional infliction of emotional distress, civil conspiracy, and punitive damage
claims, and Giuliani is directed to reimburse plaintiffs for attorneysâ fees and costs associated with
their instant motion.
Also, Rudy still gets a trial, but it will only be a trial about the amount of damages he has to pay.
In addition, as this case now heads to trial to determine any damages due on plaintiffsâ
claims, Giuliani will be given a final opportunity to comply with discovery relevant to the
determination of damages, both compensatory and punitive, or face imposition of additional
discovery-related sanctions, under Rule 37(b)(2), in the form of adverse instructions and exclusion
of evidence at trial, as outlined in more detail below.
This is pretty much exactly what happened in the Alex Jones case.
Apparently this idiot still has enough money to keep a âpolitical advisorâ on staff?
Ted Goodman, a political advisor to Giuliani, in a statement, said, âThis 57 page opinion on discovery â which would usually be no more than two or three pages â is a prime example of the weaponization of the justice system, where the process is the punishment.â
âThis decision should be reversed, as Mayor Giuliani is wrongly accused of not preserving electronic evidence that was seized and held by the FBI,â Goodman said.
(((WEAPONIZATION)))
I see it as a pretty positive step. Fucking around with discovery can be very detrimental to a case, you shouldnt be able to skirt the rules just because you feel like it.
Harrison Floyd, the only Georgia defendant that wasnât immediately released, got out of jail today. Maybe thereâs an explanation but I havenât seen it.