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Giuliani says he's a victim of 'political persecution' as he's told again to give up assets
Legal Business |
2024/11/03 08:19
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A defiant Rudy Giuliani was ordered Thursday to quickly turn over prized assets including a car and a watch given to him by his grandfather as part of a $148 million defamation judgment, leading the former New York City mayor to emerge from court saying he expects to win on appeal and get everything back.
After the hearing in Manhattan federal court, Giuliani said he was the victim of a “political vendetta” and he was “pretty sure” the judgment could be reversed.
“This is a case of political persecution,” he told reporters, citing the size of what he described as a punitive judgment. “There isn’t a person (who) doesn’t know the judgment is ridiculous.”
Judge Lewis J. Liman ordered the one-time presidential candidate to report to court after lawyers for the two former Georgia election workers who were awarded the massive judgment visited Giuliani’s Manhattan apartment last week only to discover it had been cleared out weeks earlier.
Lawyers for Ruby Freeman and her daughter, Wandrea “Shaye” Moss, say Giuliani has mostly dodged turning over assets by an Oct. 29 deadline, enabling the longtime ally of once-and-future President Donald Trump to hang on to many of his most treasured belongings.
The possessions include his $5 million Upper East Side apartment, a 1980 Mercedes once owned by movie star Lauren Bacall, a shirt signed by New York Yankees legend Joe DiMaggio, dozens of luxury watches and other valuables.
During Thursday’s hearing, Giuliani attorney Kenneth Caruso said he believed the plaintiffs were being “vindictive” in demanding that items to be turned over include a watch that belonged to Giuliani’s grandfather.
That comment drew a scoff and rebuke from Liman, who said individuals are forced to give up family heirlooms all the time to satisfy debts.
“They have to pay the debt. It doesn’t matter that it’s in the form of a watch or a watch that somebody passes down to him,” the judge said.
Caruso also claimed that the car was worth less than $4,000, an amount that might exempt it from the turnover order. But the judge said he’d already ordered that the car be turned over.
“Your honor has ample discretion to change an order,” Caruso said. When he arrived at the courthouse, Giuliani told reporters that he has not stood in the way of the court’s orders.
“Every bit of property that they want is available, if they are entitled to it,” he said. “Now, the law says they’re not entitled to a lot of them. For example, they want my grandfather’s watch, which is 150 years old. That’s a bit of an heirloom. Usually you don’t get those unless you’re involved in a political persecution. In fact, having me here today is like a political persecution.”
Aaron Nathan, an attorney for the election workers, told Liman that most of the New York apartment’s contents, including art, sports memorabilia and other valuables, had been moved out about four weeks prior to an attempt to recover the materials. Some of was believed stored on Long Island in a container Giuliani’s lawyer said they could not access.
At the hearing, Nathan complained that efforts to get assets were met by “delay and then evasion” and that Giuliani had only recently revealed the existence of new bank accounts containing about $40,000 in cash.
Giuliani spoke directly to the judge at one point, saying he’d been “treated rudely” by those trying to take control of his assets.
His lawyers have so far argued unsuccessfully that Giuliani should not be forced to turn over his belongings while he appeals the judgment.
Giuliani was found liable for defamation for falsely accusing Freeman and Moss of ballot fraud as he pushed Trump’s unsubstantiated election fraud allegations during the 2020 campaign.
The women said they faced death threats after Giuliani accused the two of sneaking in ballots in suitcases, counting ballots multiple times and tampering with voting machines.
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India court restores life prison sentences for 11 Hindu men
Legal Business |
2024/01/08 16:04
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India’s top court on Monday restored life prison sentences for 11 Hindu men who raped a Muslim woman during deadly religious rioting two decades ago and asked the convicts to surrender to the authorities within two weeks.
The Hindu men were convicted in 2008 of rape and murder. They were released in 2022 after serving 14 years in prison.
The victim, who is now in her 40s, was pregnant when she was brutally gang-raped in 2002 in western Gujarat state during communal rioting that was some of India’s worst religious violence with over 1,000 people, mostly Muslims, killed.
Seven members of the woman’s family, including her 3-year-old daughter, were killed during the riots. The Associated Press generally doesn’t identify victims of sexual assault.
The men were eligible for remission of their sentence under a policy that was in place at the time of their convictions. At the time of their release, officials in Gujarat, where Prime Minister Narendra Modi’s Bharatiya Janata Party holds power, had said the convicts were granted remission because they had completed over 14 years in jail.
A revised policy adopted in 2014 by the federal government prohibits remission release for those convicted of certain crimes, including rape and murder.
Following the release of the convicts, the victim had filed a petition with the Supreme Court, saying “the en masse premature release of the convicts… has shaken the conscience of the society.”
The 2002 riots have long hounded Modi, who was Gujarat’s top elected official at the time, amid allegations that authorities allowed and even encouraged the bloodshed. Modi has repeatedly denied having any role and the Supreme Court has said it found no evidence to prosecute him. |
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Trump asks US Supreme Court to overturn Colorado ruling
Legal Business |
2024/01/05 10:49
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Former President Donald Trump on Wednesday asked the U.S. Supreme Court to overturn a ruling barring him from the Colorado ballot, setting up a high-stakes showdown over whether a constitutional provision prohibiting those who “engaged in insurrection” will end his political career.
Trump appealed a 4-3 ruling in December by the Colorado Supreme Court that marked the first time in history that Section 3 of the 14th Amendment was used to bar a presidential contender from the ballot. The court found that Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol disqualified him under the clause.
The provision has been used so sparingly in American history that the U.S. Supreme Court has never ruled on it. Wednesday’s development came a day after Trump’s legal team filed an appeal against a ruling by Maine’s Democratic Secretary of State, Shenna Bellows, that Trump was ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.
Trump’s critics have filed dozens of lawsuits seeking to disqualify him in multiple states. He lost Colorado by 13 percentage points in 2020 and does not need to win the state to gain either the Republican presidential nomination or the presidency. But the Colorado ruling has the potential to prompt courts or secretaries of state to remove him from the ballot in other, must-win states.
None had succeeded until a slim majority of Colorado’s seven justices — all appointed by Democratic governors — ruled last month against Trump. Critics warned that it was an overreach and that the court could not simply declare that the Jan. 6 attack was an “insurrection” without a judicial process.
“The Colorado Supreme Court decision would unconstitutionally disenfranchise millions of voters in Colorado and likely be used as a template to disenfranchise tens of millions of voters nationwide,” Trump’s lawyers wrote in their appeal to the nation’s highest court, noting that Maine has already followed Colorado’s lead. |
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Britain cracks down on protests in threat to democratic norms
Legal Business |
2023/12/26 12:18
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For holding a sign outside a courthouse reminding jurors of their right to acquit defendants, a retiree faces up to two years in prison. For hanging a banner reading “Just Stop Oil” off a bridge, an engineer got a three-year prison sentence. Just for walking slowly down the street, scores of people have been arrested.
They are among hundreds of environmental activists arrested for peaceful demonstrations in the U.K., where tough new laws restrict the right to protest.
The Conservative government says the laws prevent extremist activists from hurting the economy and disrupting daily life. Critics say civil rights are being eroded without enough scrutiny from lawmakers or protection by the courts. They say the sweeping arrests of peaceful demonstrators, along with government officials labeling environmental activists extremists, mark a worrying departure for a liberal democracy.
“Legitimate protest is part of what makes any country a safe and civilized place to live,” said Jonathon Porritt, an ecologist and former director of Friends of the Earth, who joined a vigil outside London’s Central Criminal Court to protest the treatment of demonstrators.
“The government has made its intent very clear, which is basically to suppress what is legitimate, lawful protest and to use every conceivable mechanism at their disposal to do that.”
Britain is one of the world’s oldest democracies, home of the Magna Carta, a centuries-old Parliament and an independent judiciary. That democratic system is underpinned by an “unwritten constitution” — a set of laws, rules, conventions and judicial decisions accumulated over hundreds of years.
The effect of that patchwork is “we rely on self-restraint by governments,” said Andrew Blick, author of “Democratic Turbulence in the United Kingdom” and a political scientist at King’s College London. “You hope the people in power are going to behave themselves.”
But what if they don’t? During three turbulent and scandal-tarnished years in office, Boris Johnson pushed prime ministerial power to the limits. More recently, Prime Minister Rishi Sunak has asked Parliament to overrule the U.K. Supreme Court, which blocked a plan to send asylum-seekers to Rwanda.
Such actions have piled pressure on Britain’s democratic foundations. Critics say cracks have appeared.
As former Conservative justice minister David Lidington put it: “The ‘good chap’ theory of checks and balances has now been tested to destruction.” |
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What the 14th amendment means for Donald Trump's presidential campaign
Legal Business |
2023/12/21 15:32
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Former President Donald Trump’s bid to win back the White House is now threatened by two sentences added to the U.S. Constitution 155 years ago.
The Colorado Supreme Court on Tuesday barred Trump from the state’s ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then “engaged in insurrection” against it from holding office. It’s the first time in history the provision has been used to prohibit someone from running for the presidency, and the U..S. Supreme Court is likely to have the final say over whether the ruling will stand.
If it does — which many legal experts say is a longshot — it’s the end of Trump’s campaign because a Supreme Court decision would apply not just in Colorado, but to all states. It also could open a new world of political combat, as politicians in the future fish for judicial rulings to disqualify their rivals under the same provision.
Some conservatives have even considered using it against Vice President Kamala Harris, who raised bail money for those jailed during the violence following the murder of George Floyd in Minneapolis. They said that also should be considered an “insurrection” against the Constitution.
So far, very little in the real world. Aware that the case was very likely going to the U.S. Supreme Court, the 4-3 Colorado Supreme Court majority stayed their own order until Jan. 4 — the day before the state’s primary ballots are due at the printer — or until the Supreme Court rules.
Technically, the ruling applies only to Colorado, and secretaries of state elsewhere are issuing statements saying Trump remains on the ballot in their state’s primary or caucus.But it could embolden other states to knock Trump off the ballot. Activists have asked state election officials to do so unilaterally, but none have. Dozens of lawsuits have been filed, but all failed until Colorado.
The U.S. Supreme Court has never ruled on the meaning of Section 3. The justices can take the case as quickly as they like once Trump’s campaign files its appeal, which is not expected this week. The high court then could rule in a variety of ways — from upholding the ruling to striking it down to dodging the central questions on legal technicalities. But many experts warn that it would be risky to leave such a vital constitutional question unanswered.
“It is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible,” Rick Hasen, a law professor at the University of California, Los Angeles, wrote shortly after the ruling. “Voters need to know if the candidate they are supporting for president is eligible.” |
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