The pair immediately asked that the new suit be assigned to U.S. District Judge Beryl Howell, who oversaw the trial last week and earlier ruled Giuliani liable in the defamation case after concluding that he willfully defied efforts by the plaintiffs and the court to gather evidence related to their claims.
In a related development Monday, Freeman and Moss also urged Howell to expedite efforts to enforce the $148 million judgment, citing reports of Giuliani’s skyrocketing debts and insolvency, which they say could lead him to find ways to evade payments.
“Given that Defendant Giuliani has already refused for months to pay the fees awarded in this Court’s prior sanctions orders, there is especially good reason to believe that Defendant Giuliani intends to evade payment of the judgment by any means he can devise,” argued Michael Gottlieb, an attorney for the two women.
Howell ruled in August that Giuliani was liable for defaming Freeman and Moss, a determination she based in part on his refusal to preserve and turn over key evidence in the case. As part of that decision, Howell also noted that Giuliani had concealed efforts to determine his net worth and assets that she had sought information on in prior court orders.
Now, the plaintiffs say they need to move on those assets before Giuliani has a chance to dispose of them.
“There is a substantial risk that Defendant Giuliani will find a way to dissipate those assets before Plaintiffs are able to recover,” Gottlieb wrote, adding, “Giuliani is widely reported to have other, significant debts threatening his personal solvency.”
An eight-member civil jury made the $148 million award on Friday. The unanimous determination included $75 million in “punitive” damages meant to deter future attempts to smear election workers involved in counting votes in future contests.
Even if Howell rules in the election workers’ favor on all the pending matters and Giuliani is unsuccessful in the appeal he has vowed, due to Giuliani’s current financial state, it seems doubtful the pair will ever recover any sum close to the $148 million the jury awarded.