Get Ready: ATL’s Legally Themed Halloween Costume Contest Will Be Here Soon – Above the Law

Spooky
season
is
upon
us,
and
you
know
what
that
means:
Above
the
Law’s
annual
Halloween
costume
contest
will
soon
be
here.

For
more
than
a
decade,
the
ATL
editors
have
solicited
legally
themed
costumes
from
our
readers,
and
we’re
continually
impressed
with
how
creative
lawyers
and
law
students
can
be
when
when
it
comes
to
bringing
the
law
to
life.

As
a
little
reminder,
here
are
some
of
the
very
best
winning
looks
from
past
years
of
the
contest:
the Donald
J.
Trump
College
of
Law

(2016),

Brett
Kavanaugh’s
calendar
and
his
beer

(2018),

Ruth
Baby
Ginsburg

(2020),
and

Warhol’s
Soup
Law

(2023).


image001

Stay
tuned
for
instructions
on
how
to
submit
your
fabulous
legally
themed
Halloween
costumes.
We
look
forward
to
judging
you!



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Top 50 Biglaw Firm Creates Nonequity Partnership Tier To Create More ‘Promotion And Development’ Opportunities For Attorney Talent – Above the Law

Biglaw
firms
with
single
partnership
tiers
are
now
few
and
far
between,
with
more
big-name
firms
showing
that
they’re
ready,
willing,
and
able
to
welcome
nonequity
partners
to
their
ranks.

Cravath
was
one
of
the
first
longtime
holdouts
to
cut
bait
and
create
a
“salaried
partner
tier”
(i.e.,
nonequity
partners)
back
in
November
2023.
That
move
gave
other
highly
ranked
firms
permission
to
tread
the
same
path,
including
Paul
Weiss,
which
announced
its
new

two-tier
partnership
plan

in
March,
and
WilmerHale,
which
made
its

two-tier
partnership
announcement

in
August.
Now,
Cleary
Gottlieb
is
announcing
its
own
new
partnership
platform.

Last
year,
profits
per
equity
partner
at
Cleary
came
in
at
$4.5
million,
and
the
firm

which
brought
in
$1,491,568,000
gross
revenue
in
2023,
putting
it
at
No.
32
on
the
most
recent
Am
Law
100

decided
that
it
was
time
to
move
forward
with
a
two-tier
partnership
to
“create
more
opportunities
in
promotion
and
development,”
per
managing
partner
Michael
Gerstenzang.
According
to
the

,
the
changes
are
“effective
immediately.”
Here
are
some
additional
details:

[Gerstenzang]
said
the
nonequity
tier
will
see
its
first
candidates
when
the
firm
has
its
annual
partnership
evaluations,
which
are
currently
transpiring.
Last
year
in
late
October,
the
firm
announced
the
promotion
of
15
lawyers
to
partner.

“It
is
meaningful
to
say
that
we
think
Big
Law
is
in
a
period
that
calls
for
innovation
and
adaptation,”
Gerstenzang
said
in
an
interview.
“That
is
true
across
the
board
and
has
to
extend
to
talent
development
and
management.
It’s
not
the
only
example,
but
it
is
one.”

Overall,
he
said
Cleary
is
not
looking
for
a
certain
critical
mass
(or
percentage
of
the
partnership)
to
be
non-equity,
but
rather
allowing
those
that
go
into
that
track
to
“grow
as
professionals
in
the
non-equity
tier
and
to
have
the
opportunity
to
become
a
partner.”

He
said
nonequity
partner
salaries

which
he
declined
to
specify

would
be
commensurate
with
the
market,
including
factoring
in
practice
area
and
geography.

Gerstenzang
went
on
to
say
that
the
expectations
for
nonequity
partners
at
the
firm
will
be
“very
consistent
with
how
we
think
about
junior
partners.”
He
continued,
explaining,
“Almost
no
one
is
promoted
to
partner
as
a
full-fledged
partner.
We
all
grow
into
our
positions.
That
is
true
today
and
true
under
the
new
program.”

Biglaw
firms
are
making
major
moves
on
partnership
and
compensation
in
order
to
recruit
and
retain
rainmakers
and
to
calm
dissension
within
their
ranks

and
we
can
expect
more
firms
to
follow
the
leader
in
the
years
to
come.
According
to
the
2024
Client
Advisory
from
Hildebrandt
Consulting
and
Citi’s
Global
Wealth
at
Work
Law
Firm
Group,
83%
of
Biglaw
firms
expect
to

increase
the
size
of
their
income
partner
roles

in
the
next
two
years.

Is
your
firm
planning
to
move
to
a
black-box
compensation
system
for
partners
or
increase
its
nonequity
partnership
ranks?
Please
please
text
us
(646-820-8477)
or email
us
 and
let
us
know.
Thanks.


Cleary
Creates
Nonequity
Partner
Tier,
Calling
For
‘Innovation
and
Adaptation’

[American
Lawyer]



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

5 Things Healthcare Leaders Should Know About the 2024 Election – MedCity News

The
2024
election
is
nearing
the
corner
and
has
major
implications
for
the
healthcare
industry,
from
abortion
to
drug
pricing.

During
the

Reuters
Total
Health
Conference

held
in
Chicago
on
Tuesday,
Ceci
Connolly,
CEO
of
the

Alliance
of
Community
Health
Plans
,
shared
five
things
she
thinks
the
healthcare
industry
should
know
about
the
upcoming
election.


1.
The
election
is
“Trump’s
to
lose”

Former
President
Donald
Trump
started
this
election
with
the
advantage,
but
this
shifted
when
President
Joe
Biden
dropped
out
of
the
race
and
Vice
President
Kamala
Harris
became
the
Democratic
nominee.
Currently,
Harris
has
a
lot
of
momentum,
but
what
really
matters
from
now
until
the
election
is
“the
way
that
Trump
behaves,”
Connolly
said. 

“He
is,
in
fact,
an
almost
larger-than-life
player
on
our
political
stage,
if
you
will,”
she
said.
“And
he
is
so
dominant,
both
positively
and
negatively,
that
it
will
likely
come
down
to
him.
At
the
moment,
I
would
say
the
race
is
tied
dead
even,
no
doubt
about
it.
Ignore
the
national
polls.
They
mean
absolutely
nothing.
If
you
are
a
junkie,
you
can
look
at
the
polling
in
those
seven
swing
states.
Those
are
the
only
ones
that
matter.”


2.
A
divided
government
might
be
good
for
healthcare

It’s
possible
that
the
House
may
flip
from
Republican
to
Democrat
and
that
the
Senate
may
flip
from
Democrat
to
Republican
this
election.
This
means
the
U.S.
will
likely
continue
to
have
a
divided
government,
which
could
actually
be
good
for
healthcare
because
it
means
less
happens,
according
to
Connolly.

“If
you’re
in
business,
what
you
don’t
like
is
the
unpredictability
and
the
uncertainty
and
the
constant
change
that
we
are
often
going
through
when
it
comes
to
regulation
and
laws
with
respect
to
healthcare
and
the
health
sector,”
she
said.
“So
this
notion
of
divided
government
truly
is
the
way
the
founding
fathers
designed
it.
It’s
checks
and
balances.”

Connolly
added
that
if
the
Democrats
take
control
of
the
House,
there
could
be
an
extension
on
the
enhanced
subsidies
for
people
buying
their
health
coverage
on
the
Affordable
Care
Act
Marketplaces.
These
enhanced
subsidies
are
currently
slated
to
expire
at
the
end
of
2025,
and
if
they
do,
there
will
be
a
major
increase
in
the
number
of
uninsured
in
the
U.S.,
Connolly
said.
This
could
lead
to
more
people
receiving
care
at
the
emergency
room,
which
they
probably
won’t
be
able
to
pay
for
and
providers
will
go
uncompensated.


3.
The
courts
are
the
new
“playing
field”
for
health
policy

In
a
recent
ruling,
the
Supreme
Court

overturned

the
Chevron
deference.
In
the
past,
federal
agencies
like
CMS
and
the
FDA
were
given
the
flexibility
to
“interpret
statutes
and
issue
more
detailed
regulations,”
Connolly
said.

In
the
short
term,
not
much
is
going
to
happen
due
to
this
ruling,
but
there
are
important
implications
long
term.

“People
are
really
kind
of
looking
out
in
the
landscape
and
they’re
thinking
about,
‘Well,
which
regulation
are
we
going
to
challenge,
saying
that’s
not
what
Congress
meant
when
it
passed
that
law
and
we
think
it
should
be
changed?’”
Connolly
said.
“So
there’s
going
to
be
time,
and
I’m
going
to
forecast
to
you
that
the
biggest
players
in
any
industry

healthcare
or
any
other
industry

with
the
deepest
pockets
are
the
ones
that
will
spend
to
start
challenging
individual
regulations
that
they
don’t
like,
but
that’s
going
to
be
a
slow
and
a
very,
very
expensive
process.”

This
means
policymaking
will
have
to
be
looked
at
differently.
Courts
are
doing
a
lot
of
the
policymaking
now,
and
“many
players
are
court
shopping
for
where
they
think
they
will
find
a
ruling
that
applies,”
Connolly
argued.


4.
Congress
may
act
on
telehealth,
PBMs
and
patent
reform
during
lame
duck

Regardless
of
who
wins
the
election,
there
will
be
a
lot
of
turnover
in
the
federal
government.
That
means
those
who
are
currently
in
power
will
likely
try
to
get
some
policies
“across
the
finish
line”
during
the
lame
duck
period
(the
period
between
the
election
and
inauguration).

For
example,
Covid-19
telehealth
flexibilities

which
are
set
to
expire
at
the
end
of
the
year

are
likely
to
be
extended.
However,
they
probably
won’t
be
made
permanent
yet
because
Congress
is
looking
for
more
data
on
whether
virtual
care
actually
creates
savings
or
not.

There
has
also
been
bipartisan
support
for
addressing
pharmacy
benefit
managers,
with
bills
in
both
the
House
and
the
Senate.

“Americans
are
so
fed
up
with
drug
costs,
and
the
politicians
know
that,
and
they
hear
it
when
they
go
home
all
the
time
from
their
constituents,”
Connolly
said.
“And
so
there
is
bipartisan
sentiment
in
Washington
that
more
should
be
done
when
it
comes
to
drug
pricing.”

Similarly,
there
could
be
some
legislation
targeting
pharmaceutical
companies’
use
of

patent
thickets
.
This
is
when
there
is
an
overlapping
set
of
patent
rights,
delaying
more
affordable
drugs
from
entering
the
market.
Connolly
gave
the
example
of
GLP-1s,
which
currently
have
market
exclusivity
for
19
years.


5.
Harris
and
Trump
actually
have
some
similarities
in
healthcare

Putting
abortion
aside,
Harris
and
Trump

aren’t
as
different

as
many
may
think
when
it
comes
to
healthcare,
Connolly
declared.
Neither
candidate
is
particularly
passionate
about
healthcare
and
neither
has
an
extensive
record
in
health
policy.
In
addition,
issues
like
the
economy
and
immigration
will
likely
take
precedence
when
one
of
them
takes
office.

However,
there
are
some
exceptions
to
this,
Connolly
noted.
On
drug
pricing,
she
predicts
that
Trump
will
try
to
“out-do”
the
Biden
administration
because
“he
understands
what
a
populist
issue
that
is,
and
he
wants
to
be
able
to
claim
that
he’s
done
something
even
bigger,
grander,
greater
when
it
comes
to
making
drugs
more
affordable.”
The
Biden
administration
has
also
used
its
regulatory
power
to
expand
Medicaid
coverage.

“I
don’t
think
that
you
would
see
that
in
Trump
too,”
Connolly
said.
“I
think
it
would
be
a
very
different
approach
to
Medicaid
in
as
much
as
the
Feds
play
a
role.” 


Photo:
MarianVejcik,
Getty
Images

Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Morning Docket: 10.10.24 – Above the Law

*
Lawyer
suspended
for
slapping
another
attorney
on
courthouse
steps.
[ABA
Journal
]

*
Clarence
Thomas
spent
Glossip
hearing
making
up
stuff
about
the
record
despite
being
corrected
multiple
times.
These
are
not
serious
people.
[Slate]

*
You’ve
got
to
Hawk
Tuah
and
hire
some
IP
lawyers
for
that
thing.
[Bloomberg
Law
News
]

*
Biglaw
learning
that
just
because
that
they’re
not
the
answer
to
every
hot
market.
[American
Lawyer
]

*
Diddy
accuses
DHS
of
leaking
grand
jury
materials.
[Rolling
Stone
]

*
Musk’s
zombie
Twitter
will
avoid
classification
as
a
gatekeeper
product
under
EU
regulation.
Which
seems
like
a
backhanded
acknowledgement
that
the
company
isn’t
financially
relevant
any
more.
[Reuters]

*
S&C
dropped
from
FTX
suit.
[Law360]

Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.