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.

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.

Twitter Access Back In Brazil After Elon Caved And Paid $5M – Above the Law

The
face
of
walking
with
his
tail
between
his
legs.
(Photo
by
Apu
Gomes/Getty
Images)

If
you
let
Elon
Musk
tell
it,
he’s
a
free
speech
absolutist

who
cannot
be
threatened
with
money
or
forced
to
submit
to
anyone’s
whims
.
If
you
look
at
concrete
actions,
you’d
see
that
Twitter

has
been
far
more
acquiescent
to
government
takedown
requests
.
A
counterpoint
could
be
that
he
stood
on
principle
and
refused
to
appoint
a
legal
representative
to
Brazil
and
pay
a
~$5
million
dollar
fine
even
if
it
meant
losing
~20M
potential
customers.
Well,
Twitter
is
currently
in
a
position
to
recoup
that
audience,
and
you’ll
never
guess
what
happened.

BBC

has
coverage:

Brazil’s
Supreme
Court
has
said
it
is
lifting
a
ban
on
the
social
media
platform
X,
formerly
known
as
Twitter.

In
his
decision,
Justice
Alexandre
de
Moraes
said
that
he
authorised
the
“immediate
return”
of
X’s
activities
in
the
country
after
it
paid
hefty
fines
and
blocked
accounts
accused
of
spreading
misinformation.

According
to
a
statement,
the
site
has
paid
fines
totalling
28
million
reais
($5.1m;
£3.8m)
and
agreed
to
appoint
a
local
representative,
as
required
by
Brazilian
law.

All
that
grandstanding
just
to
cave
to
the
judge’s
(quite
reasonable)
demands?
He
should
have
skipped
the
foreplay
and
just
did
what
the
court
demanded
last
month!
Since
then,

millions
of
Brazilians
have
migrated
to
other
social
media
platforms
like
Threads
and
Bluesky
.
Will
they
abandon
the
internet
community
they’ve
built
up
over
the
month
to
go
back
to
the
bird
app?
Only
time
will
tell.

For
those
who
do
return,
Welcome
back
to
Twitter,
Brazil!
You
have
a
lot
of
catching
up
to
do!


Brazil
Lifts
Ban
On
Musk’s
X
After
It
Pays
$5m
Fine

[BBC]


Earlier
:

Elon
Musk
Would
Rather
Have
Twitter
Shut
Down
Than
Take
The
Smallest
Amount
Of
Responsibility



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.

Judge Decides To Just Make Up The Rules As She Goes Along – Above the Law

Kathryn
Mizelle
was
rated
unqualified
by
the
ABA
and
it
shows.
The
Trump
appointee
just
took
it
upon
herself
to

rewrite
the
law

despite
acknowledging
that
higher
courts
have
explicitly
declined
to
do
so.
But
she’s
a
very
special
snowflake
apparently.
Law
school
rankings
are

primed
for
a
major
shuffle

if
we’re
to
believe
the
available
data.
And…

why
do
we
need
a
new
Matlock?

The Fifth Circuit’s Jurisprudence Is Too Far Right Even For This Supreme Court – Above the Law

(Photo
by:
HUM
Images/Universal
Images
Group
via
Getty
Images)

Pretty
much
everyone
knows

the
jurisprudence

coming
out
of
the
Fifth
Circuit
is

an
outlier

from
the
rest
of
the
federal
judiciary.
So
much
so
that
even
the
right-leaning
Supreme
Court

has
no
problem
overturning
the
circuit.

Like,
on
the
regular.
Whether
it’s
the
lack
of
understanding
of
basic
legal
concepts

like,
you
know,
standing,

or
their

“overly
cramped
view”
of
precedent
,
they’ve
been
overturned
a
lot
recently.

And
reading
the
SCOTUS
tea
leaves
seems
to
indicate
it’ll
happen
again.

Yesterday,
the
Supreme
Court

heard
oral
arguments

in


Garland
v.
VanDerStok
.
The
case
is
about
whether
“ghost
guns,”
that
is,
weapons
that
are
sold
in
kits
to
be
assembled
by
the
purchaser,
are
exempt
from
federal
gun
regulations
requiring
background
checks
when
purchasing
firearms
and
serial
numbers
on
said
firearms.

And
it
sure
looks
like
the
Fifth
Circuit
is
going
to
be
overturned
by
the
Supreme
Court.
Again.

From
jump,
gun
control
advocates
seemed
to
have
the
upper
hand
in
this
particular
case.
As

reported
by

SCOTUSblog:

A
group
of
challengers
that
included
two
individual
gun
owners
and
a
gun-rights
advocacy
group
went
to
federal
court
in
Texas,
seeking
to
block
the
ATF
from
enforcing
the
rule.
U.S.
District
Judge
Reed
O’Connor
agreed
with
them
and
barred
the
agency
from
applying
the
rule
anywhere
in
the
United
States,
and
the
conservative
U.S.
Court
of
Appeals
for
the
5th
Circuit
largely
upheld
that
decision.

But
after
O’Connor
issued
his
order,
the
Biden
administration
came
to
the
Supreme
Court,
asking
the
justices
for
permission
to
enforce
the
rule
while
it
appealed.
By
a
vote
of
5-4,
with
Justices
Clarence
Thomas,
Samuel
Alito,
Neil
Gorsuch,
and
Brett
Kavanaugh
indicating
that
they
would
have
denied
the
request,
the
Supreme
Court
allowed
the
rule
to
remain
in
place.

So
either
Chief
Justice
John
Roberts
or
Justice
Amy
Coney
Barrett
need
to
flip
their
votes
to
uphold
the
Fifth
Circuit
(given
the
history
of
their
votes
on
gun
regulations,
let’s

accurately

assume
the
three
justices
appointed
by
Democrats
are
going
to
be
in
favor
of
the
Biden
administration’s
regulations).
And
that
doesn’t
seem
likely.

Both
Chief
Justice
John
Roberts
and
Justice
Amy
Coney
Barrett,
at
least
one
of
whose
votes
[Peter
Patterson,
attorney
for
the
ghost
gun
manufacturers]
would
likely
need
to
prevail,
appeared
skeptical.
Roberts
was
dubious
about
Patterson’s
suggestion
that
the
sales
of
partially
complete
frames
and
receivers
are
targeted
at
hobbyists
who
want
to
build
their
own
guns.
“I’m
suggesting
that
if
someone
who
goes
through
the
process
of
drilling
the
one
or
two
holes
and
taking
the
plastic
out,
he
really
wouldn’t
think
that
he
has
built
that
gun,”
Roberts
asked,
“would
he?”

And
Barrett
seemed
to
dismiss
the
“critical
machining
operations”
standard
as
“a
little
made
up.”
It
isn’t
derived
from
the
statute,
she
observed.
Instead,
she
suggested,
“it’s
just
sort
of
a
way
of
allowing
for
a
de
minimis
exception,
right?”

And
there
might
even
be
a
sixth
vote
in
favor
of
the
regulations,
as

Ian
Millhiser
at
Vox

notes:

The
biggest
wild
card
in
the
case
is
Justice
Brett
Kavanaugh,
who
revealed
that
he
voted
in
favor
of
ghost
guns
in
2023
because
he
was
concerned
that
a
gun
seller
who
was
ignorant
of
the
law
might
accidentally
sell
an
unregulated
kit
without
realizing
it
was
illegal
to
do
so
and
then
be
charged
with
a
crime.

But,
as
[Solicitor
General
Elizabeth
Prelogar]
told
Kavanaugh,
a
gun
seller
can
only
be
charged
with
a
crime
if
they
“willfully”
sell
a
gun
without
a
serial
number
or
if
they
knowingly
sell
a
gun
without
a
background
check.
So
Kavanaugh’s
fears
appear
unfounded.

Of
course,
even
if
the
Fifth
Circuit
gets
overturned,
it’s
still
carrying
water
for
the
conservative
legal
movement,
pushing
the
Overton
window
further
and
further
to
the
right.




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].