Judge Howell Will Tell Jurors That Giuliani Intentionally Hid Financial Documents as Punishment for “Continued and Flagrant Disregard” of Court Orders

Jo ShawOct 18, 2023

Minute Read

Judge Beryl Howell, presiding over the upcoming damages trial against Rudy Giuliani, said she will tell jurors that he “was intentionally trying to hide relevant discovery about the Giuliani Businesses’ finances and other records.”

The Ruling Is the Second in Two Months

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This marks the second ruling in just as many months, where Judge Howell has openly reprimanded Giuliani for continuously flouting court orders and regulations in the defamation lawsuit brought against him by Georgia election workers Ruby Freeman and her daughter, Shaye Moss.

Failing to Comply Is “Consistent With His Prior Track Record.”

Judge Howell said Giuliani, “consistent with his prior track record,” has failed to file any court-ordered records despite the Sept. 22 deadline.

Jurors Can Assume the Worst

Consequently, when the jurors determine the amount Giuliani should compensate the two Georgia election workers he defamed, they will be instructed to assume the worst when considering why the former NYC mayor failed to provide the records ordered by the court.

Giuliani Attempting to Shield His Assets

“The jury will be instructed that it must, when determining an appropriate sum of compensatory, presumed, and punitive damages, infer that defendant Giuliani was intentionally trying to hide relevant discovery about the Giuliani Businesses’ finances for the purpose of shielding his assets from discovery and artificially deflating his net worth,” wrote Howell in her five-page ruling.

Jury Must Infer That Giuliani Was Intentionally Trying to Hide Information

Given the former Mayor of New York City’s non-compliance with the order, Howell has determined that the jury should presume that Giuliani deliberately attempted to conceal information related to his businesses and social media when assessing the “appropriate sum” of damages.

Prohibits the “Disobedient Party” From Challenging the Facts

Judge Beryl Howell issued the order under Federal Rule of Civil Procedure 37(b)(2)(A). The rule permits the court to treat the unanswered claims of the opposing party as facts and bars the “non-compliant party” from contesting these facts or presenting contradictory evidence.

It Should Be Inferred That Giuliani Received “Substantial Benefits.”

The judge further stated that the jury would receive instructions to deduce that Giuliani garnered “substantial benefits” from defaming the election workers and that the Giuliani businesses “continue to generate” income through their activities.

Counsel Will Not Be Able to Provide an Argument or Introduce Evidence

The order explicitly states that Giuliani and his legal counsel will not be permitted to present any arguments or evidence regarding his financial gains.

Giuliani Will Not Be Able to Suggest He Is “Insolvent, Bankrupt, Judgment-Proof.”

Howell ruled that Giuliani would also not be able to state or suggest that he is “insolvent, bankrupt, judgment proof, or otherwise unable to defend himself, comply with this Court’s orders, or satisfy an eventual judgment.”

Giuliani Is Legally Liable for Defaming Georgia Election Workers

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Back in August, Howell issued a ruling, determining that Giuliani bears legal liability for defaming Georgia election workers in his efforts to promote baseless claims that former President Donald Trump emerged as the victor in the 2020 election.

Giuliani Repeatedly and Falsely Accused Freeman and Moss of Election Fraud

While parroting his client Trump’s claims of a rigged 2020 election, Giuliani repeatedly and falsely accused Freeman and Moss of engaging in election fraud in Fulton County.

Giuliani Conceded That He Made Public Comments Falsely

Rudy Giuliani has acknowledged that he publicly made false statements alleging that the two Georgia election workers were involved in ballot fraud during the 2020 presidential race. However, he argued that the First Amendment protected his comments.

Passing a Ginger Mint

Giuliani had asserted that the two individuals were “passing around USB ports” while counting votes. However, a report published by the House Jan. 6 committee revealed that they were passing ginger mints instead.

Freeman and Moss Received Death Threats

Though Giuliani did not dispute that his statements were false, he did not concede that they caused any damage to Freeman or Moss. Both Freeman and Moss received death threats because of the false accusations.

Be Glad It’s 2020 and Not 1920

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Moss testified before the U.S. House committee investigating the Capitol riot, expressing the devastating impact of the false allegations on her life. She detailed receiving hateful messages, some containing threats such as “wishing death upon me. Telling me that I’ll be in jail with my mother. And saying things like, ‘Be glad it’s 2020 and not 1920.’”

There Is Nowhere I Feel Safe, Said Freeman in Testimony

Freeman said in her testimony: “There is nowhere I feel safe.”

Freeman and Moss “Honorably Performed Their Civic Duties.”

Michael Gottlieb, Freeman’s and Moss’s lawyer, said in a statement that Giuliani conceded “what we have always known to be true — Ruby Freeman and Shaye Moss honorably performed their civic duties in the 2020 presidential election in full compliance with the law; and the allegations of election fraud he [Giuliani] and former-President Trump made against them have been false since day one.”