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Giuliani's new attorneys seek to postpone hearing in defamation case due to Trump Inauguration

By FOX 5 Atlanta Digital Team
Published  November 15, 2024 11:16pm EST
2020 Election
FOX 5 Atlanta
article

Former New York mayor Rudy Giuliani leaves the New York Federal Courthouse on November 7, 2024 in New York City. Giuliani appeared in a New York City courtroom after missing the deadline to turn over assets as part of $148m defamation judgement. (Pho

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The Brief

    • Rudy Giuliani has complied with a court order to turnover assets, including watches, a ring, and funds from two Citibank accounts, but disputes seizure of his Mercedes-Benz, claiming it's below the exemption threshold.
    • Giuliani's new attorney, Joseph M. Cammarata, argues for applying asset exemption laws from New York and Florida, suggesting Giuliani's right to retain personal property such as family heirlooms and certain vehicles.
    • The defense filed a motion requesting the postponement of the defamation trial to accommodate Giuliani's intention to attend the possible inauguration of Donald Trump and asked for a 30-day extension for all motion responses due to recent changes in legal representation.

Rudy Giuliani, former New York City mayor and ally of former President Donald Trump, who has new legal representation, filed a new motion late Friday in his high-profile $148-million defamation case in federal court. Giuliani faces a civil action from Georgia election workers Ruby Freeman and Wandrea' Moss, who allege Giuliani defamed them with false claims about the 2020 presidential election.

The motion, filed by Giuliani’s new legal counsel, Joseph M. Cammarata of Cammarata & De Meyer P.C., after his former attorneys, Kenneth Caruso and David Labowski, filed a motion to remove themselves from the case earlier this week.

The filing details Giuliani’s compliance with a turnover order issued by Judge Lewis Liman, including the delivery of assets to the plaintiffs. According to the motion:

  • Watches and a ring were sent via FedEx to Cadence Bank in Atlanta.
  • A Mercedes-Benz automobile was delivered to a specified address in Hialeah, Florida.
  • Non-exempt funds from two Citibank accounts were turned over to the plaintiffs.

The motion also references a restraining order issued on Nov. 13, barring items from being removed from a storage facility. Giuliani’s counsel awaits instructions on how to proceed with turnover of exempt and non-exempt items from the facility.

The filing argues that plaintiffs have been overly aggressive in pursuing Giuliani’s assets and calls for recognition of his rights under exemption laws. Cammarata claims that under New York and Florida statutes, certain personal property, including family heirlooms, tools of trade, and a motor vehicle valued below $5,500, should be exempt from seizure.

"The Court must afford the Defendant all applicable exemptions under the laws of New York or Florida and not allow the Plaintiff to obtain assets which are exempt," the filing states.

The document also challenges the turnover of Giuliani’s Mercedes-Benz, arguing it should be appraised before being sold or auctioned. Giuliani’s team suggests the vehicle’s value is below the exemption threshold, and should be returned.

The motion requests a postponement of the trial, currently set for Jan. 16, 2025, citing Giuliani’s plans to attend the inauguration of Donald Trump on Jan. 20, 2025. "We respectfully request that the trial be adjourned until on or after Jan. 22, 2025," the filing states, noting potential conflicts with inauguration-related events.

Additionally, Cammarata seeks a 30-day extension for motion responses and submissions, citing his recent retention as Giuliani’s counsel.

Freeman and Moss allege Giuliani’s false claims subjected them to threats and harassment following the 2020 election. The lawsuit stems from a federal judgment which Giuliani is appealing.

The Source: Federal court documents were used in conjunction with previous reporting by FOX 5 Atlanta, The Associated Press, and FOX News in this report.