Legal AF by MeidasTouch - WHOA! Rudy to LOSE lT ALL after EMERGENCY Filing

Episode Date: September 4, 2024

MAGA lawyer and election denier Rudy Giuliani is about to be rendered homeless, and penniless, as Georgia election workers Ruby Freeman and Shay Moss move aggressively to collect their $148 million dollar defamation and punitive damages judgment against him in a new emergency New York federal court filing. Find out why Trump may be required to also turn $2 million over to them as well when Michael Popok explains it all in his latest hot take. Head to https://Lumen.me/legalaf and use code: LEGALAF to get 15% off your lumen today! Visit https://meidastouch.com for more! Join the Legal AF Patreon: https://Patreon.com/LegalAF Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

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one step closer to getting his property, owning his Palm Beach condo, having the keys to his New York apartment and his Mercedes, because they have now filed a new case in the Southern District of New York Federal Court, been assigned to Judge Lyman, arguing to Judge Lyman that it is time for Rudy Giuliani to immediately turn over all of his assets, the

deeds to his property, the keys to his apartments and condos, the keys to his Mercedes, all of his Rolexes and watches, and even a $2 million fee that Rudy Giuliani claims he's owed by Trump. All that has to be turned over to Ruby Freeman and Shea Moss. So says a new motion and a new suit that was just filed against Rudy Giuliani in the Southern District of New York Federal Court. Let me tell you how we got here. It started with a judgment that was rendered against Rudy Giuliani for defamation, punitive damages for $148 million amount by a jury and a

judge in the District of Columbia Federal Court over a year ago. Ruby, you may recall that Ruby Freeman and Shay Moss were two Fulton County election workers just doing their civic duty, counting ballots. That's all they did. And they were a mother-daughter team, but they got horribly attacked in an information campaign to sow disinformation and discontent about the outcome of the 2020 election.

And videos were manipulated that Rudy Giuliani used to try to show that they were fraudsters and they were putting ballots. They were throwing away Trump ballots and they were over voting Biden ballots. They were doing nothing of the sort. The Georgia State Police and the Georgia Bureau of Investigation looked into it and they were over voting Biden ballots, they were doing nothing of the sort. The Georgia State Police and the Georgia Bureau of Investigation looked into it and they were completely exonerated. But that didn't stop Rudy Giuliani and Trump and others

to dox them to vehemently and with vitriol go after them. And they were subject to a torrent of hateful, racist messages and death threats as the motion lays out. That resulted because Rudy Giuliani, this shouldn't come as a shock, refused to play by the rules, violated 10 court orders, and had a default judgment for liability issued against him by the federal judge. And so from there, the jury only had to discuss or deliberate over how big of a check

they were gonna write for Ruby Freeman and Shane Moss. And that happened, 148 million running with interest. It's probably about 160 million at this point. What did Rudy Giuliani do as soon as the first day when that judgment could be enforced against his assets? He ran to bankruptcy court in New York, which is also in the Southern District of New York, but not with the same judge, Judge Lane. Sean Lane, and I practiced

in New York, Sean Lane is a no-nonsense judge, although he did put up with shenanigans for six months by Rudy Giuliani. Rudy Giuliani violated order after order after order again, ignored them all by Judge Lane, And ultimately Judge Lane dismissed the bankruptcy. The reason that Rudy had run to bankruptcy court is because he wanted to avoid the judgment being enforced against his assets, having to sell his condo in Palm Beach, having to sell his apartment in New York,

having to liquidate all of his assets. And he wanted to do that. So he said, well, judge, help me bankruptcy judge, because if you have a legitimate bankruptcy, either under chapter seven or chapter 11, you can get bankruptcy protection from your judgments and you may get those judgments discharged, meaning zeroed out, or at least pay a percentage on the dollar, cents on the dollar instead of paying the 100% that you would normally owe if you're entitled to bankruptcy protection. But in August of this past year, actually right at the beginning

of this month, Judge Lane, the bankruptcy court judge said, no, you're not getting bankruptcy protection. In fact, you did a bad faith filing, you weren't entitled to protection and therefore, I am dismissing your case. And once that case was dismissed, now Rudy Giuliani had no protections and only the judgment creditors, in this case, Ruby Freeman and Jay Moss, who have priority in the hierarchy of creditors against a debtor, which is what Rudy Giuliani is. The judgment creditor has one of the highest priorities to get paid. The only entity really above them is the government. If that same debtor like Giuliani

owes money to the government and tax liens, then they go first. But then after that, judgment creditor. So they're given a lot of rights. We call them creditors' rights under the system. And in New York, creditors' rights are found in a certain book that we use as Practicing New York Lawyers that governs all procedure, including creditors' rights. We call it the CPLR, Civil Procedure Law and Rules. CPLR, it's our Bible. When you're practicing law in New York and you represent people, you know creditors' rights. There's two major creditors' rights that are in play right now. One is a turnover order,

which is exactly what it sounds like. You ask a judge, you say, here's my judgment, it hasn't been paid, I want an order by this court under penalty of contempt that all the assets need to be turned over to me up to the level of my judgment. And since Rudy Giuliani says he only has about $15 million worth of assets, that means all of his assets and the shirt off his back have to go over to pay this judgment. That's the way it works here. If he had more

assets than judgment, then he'd be able to keep some of them, but he doesn't. So turnover order is number one under the CPLR. Second thing you ask for is if the turnover order is violated, the deeds to the apartments and the condos don't get turned over. The papers, the bill of sale, whatever, the registration for the car, and all the physical watches and everything else that he owes and the receipt for the $2 million that he's gonna get from the Trump campaign for unpaid legal fees.

How ironic. How sweet justice that Ruby Freeman and Seamus are going to end up being on the receiving end of $2 million for the Trump campaign through Rudy Giuliani. But if you want all that, you don't think the guy's going to turn it over. And Rudy has shown he doesn't give a flying F or a flying AF about legal procedures, court orders or anything. Despite having been a lawyer, he's lost his law license in two separate places. He violates orders all the time. He doesn't show up for court ordered appearances. Right now, he's the subject of at least three different contempt proceedings against him.

So he doesn't give a flying, a rat's you know what, or a fiddler's fart, I guess is another way to put it. Lumen is the world's first handheld metabolic coach. It's a device that measures your metabolism through your breath. And on the app, it lets you know if you're burning fat or carbs and gives you tailored advice to improve your nutrition, workouts, sleep, and even stress management. All you have to do is

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That's L-U-M-E-N dot M-E slash LegalAF for 15% off your purchase. Thank you Lumen for sponsoring this episode. Then if he's not going to comply, you ask for a receiver. Receiver is an independent entity, a person usually, sometimes an accounting firm or another lawyer who's an officer of the court, who reports directly to the judge and takes possession, has the power and cloak with the power and authority of the judge to take possession over the assets of the judgment debtor who's not turning them over fast enough. So,

they're asking Shea Moss and Ruby Freeman for a turnover order and they're asking for a receiver to be appointed and to collect up all these assets. You got two major ones. You got an apartment on 66th Street in Manhattan, which is apparently worth about $5.7 million. And you've got a condo in Palm Beach County right near Morillago that's worth allegedly about 3.5 million. And then you've got the $2 million fees, of fees that Rudy Giuliani says he's owed

by the Trump campaign. All that needs to be grabbed, ripped out of Rudy Giuliani's hands and turned over to Ruby Freeman and Shay Moss. Now, he'll still owe them money and they're still able to collect against the next thing you would do is you'd go after his income, his stream of income, and you'd garnish his wages and you'd have a turnover order. That's what the receiver would do also. We're only talking about personal property right now.

His ability to generate whatever he's generating from his podcast and from crowdfunding, whatever, that would get turned over to them too until they get every penny of their $148 million through interest on the day the judgment's paid. There's a new suit though. It started in bankruptcy court, as I said. It started the DC defamation judgment. It moved to bankruptcy court because Rudy Giuliani dragged it there. And now we got a third judge, Judge Louis Lyman. Louis Lyman comes from a famous family of lawyers and white collar lawyers in New York. Louis Lyman has been assigned this court. I know that because his initials are on the actual filing. And what they've asked Judge Lyman to do is effectively, even though he's a federal judge, is to act like and put himself in

the shoes of a New York state court judge, because they're using state court procedure in federal court. It happens. There's usually a reason. I think here it's diversity jurisdiction, just to get kind of nerdy. It's because Ruby Freeman and Wandra or Seamus are from District of Columbia and Giuliani is from New York. So you have parties of different states and you have an amount in controversy greater than 75,000, boom, you get to go to federal court.

And that's why they're in federal court. So now they've asked Judge Lyman in the new suit to enforce the judgment. Judge, recognize the judgment. It's been filed against Rudy here in your courthouse and in Palm Beach County. Enter a court order as if you were a New York state judge under the CPLR, which is that creditor's right

that the Bible I talked to you about earlier, civil procedure law and rules give us two orders. One turnover. Two give us a receiver if in seven days he doesn't turn it over. And that's now up for grabs. Now the other side has a right to oppose this and they will. And they'll file their opposition and then Judge Lyman is going to hold a hearing. And then from the hearing, Judge Lyman may hold an evidentiary hearing. He may take testimony if Rudy Giuliani

even wakes up in time to attend the hearing. He'll take testimony. He'll look at documents. But I think at the end of the day, and I've done creditors' rights work my entire career, I think he's going to issue an order of turnover immediately. Rudy Giuliani has hit the end of the line. Judgments are against him. You don't have enough to pay all of it. It's not a defense, and he no longer has an ability to run the bankruptcy court. This is the end of the line. There's nowhere else to go. He is cornered like a rat. So now the judge should, I believe, maybe it's in October, maybe it's at the end of September, issue the turnover order.

And then when invariably Rudy doesn't turn it over, then I think you have to send the sheriff and a receiver to go collect up the assets. My favorite part of the assets, I mean, I love the fact that I just picture Ruby Freeman and Sey Moss driving around in Rudy Giuliani's Mercedes. I love that. And I love them being able to have a condo in Palm Beach County, in Palm Beach, and an

apartment on the Upper East Side of New York. I love that too. But the sweet poetic justice is that they're going to get $2 million owed by the Trump campaign. Now, if it hasn't been paid, which it hasn't, that means that Rudy says that he is a creditor of the Trump campaign, they're going to have to sue in his name. So picture this, it'll be Ruby Freeman and Shae Moss versus Donald Trump in the Trump campaign to get Rudy Giuliani's $2 million fee paid over to them. Do you follow that? I love that part. I love them being able

to directly sue Donald Trump. They had thought the lawyers and the plaintiffs, Moss and Freeman, had thought about suing Donald Trump three years ago and made a decision because of his presidential status and maybe immunity not to go after him at that moment. But now they'll be able to do it, and he won't have any defenses because his defenses will have to be, well, I don't know Rudy Giuliani the money or Rudy Giuliani didn't provide those services or I wasn't billed properly. All right, that's fine, but they won't be able to have any other defenses against Freeman and Moss. We're going to continue to follow what Judge Lyman does in the New York case,

sitting as a New York state court judge under creditors' rights laws to issue a turnover order and a receiver against Rudy Giuliani. We'll do it one place. Minus Touch Network Legal AF. I sit at the intersection of law and politics, so you don't have to. And you can join me on Wednesdays and Saturdays at 8 p.m. Eastern time for our live recording of our podcast. We call it Legal AF for a reason. From this story, you probably can figure out why. We curate the top four or five stories at the intersection of law and politics. And we bring it to you right here in an hour long podcast.

And then you can pick it up wherever you get your audio podcasts from. So until my next hot take, till my next Legal AF, this is Michael Popak reporting. Heary, heary, Legal AF Law Breakdown is now in session. Go beyond the headlines and get a deep dive into the important legal concepts you need to know

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