Giuliani was ordered to pay $148 million. What happens now?
A federal jury in Washington last week ordered Rudolph W. Giuliani to pay $148 million in damages to two former election workers in Georgia whom he defamed by spreading baseless claims that they tried to steal votes from Donald J. Trump on November 3, 2020.
Mr. Giuliani, who faces a litany of legal and financial problems, has said he will appeal the verdict.
This is what happens next:
The judge will rule on what Mr. Giuliani must pay.
The jury awarded the two former poll workers, Ruby Freeman and her daughter, Shaye Moss, who are Black, $148 million. That was after hours of emotional testimony describing the brutal threats and attacks they received, including from people who believed they should be hanged for treason or lynched. The total included a combined $75 million in damages; compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss; and $20 million each for emotional distress.
Before Ms. Freeman and Ms. Moss can collect any money, the judge, Beryl A. Howell of the Federal District Court in Washington, will have to issue a judgment determining the amount Mr. Giuliani must pay. In civil cases like this, the judge can change the amount determined by the jury.
Once Judge Howell rules on the amount, Mr. Giuliani can appeal the decision.
The money won’t come immediately.
“Defense attorneys can hold these cases for quite a long time before any payments actually have to be made,” said Robert L. Rabin, a professor at Stanford Law School with expertise in torts and compensation.
If Mr Giuliani appeals the verdict, Ms Freeman and Ms Moss could ask the judge to let him post bail to secure some of his assets while an appeal is pending, Christopher M said .Mattei, an attorney who represented the Sandy Hook. families in their defamation lawsuit against Infowars founder Alex Jones.
The women can also request a special procedure to investigate how they can collect the judgment from him, such as garnishing his wages. Mr. Giuliani, who served as mayor of New York City and as a federal prosecutor, is currently unable to practice law because of disciplinary action against him.
Mr. Giuliani refused to comply with the court’s demand to make public financial documents that would show his net worth, including how much money he makes from media efforts like his podcast.
And at any time, Mr. Giuliani, Ms. Freeman and Ms. Moss could agree to a settlement.
Mr. Giuliani will still be on the hook even if he is bankrupt.
After Friday’s ruling, Mr. Giuliani would likely file for bankruptcy protection, according to a lawyer familiar with his legal situation.
The damages he owes Ms. Freeman and Ms. Moss are considered an “intentional tort,” meaning Mr. Giuliani was aware of what he was doing when he defamed the women by spreading baseless lies about election fraud, and a bankruptcy would not erase his liability. .
“Rudy Freeman and Shaye Moss may be able to chase Rudy Giuliani to his grave to extract every cent from his pockets,” Barbara L. McQuade, a law professor at the University of Michigan, said recently on MSNBC. Ms. McQuade served as a U.S. Attorney for the Eastern District of Michigan from 2010 to 2017.
If Mr. Giuliani, who is 79, dies before Ms. Freeman and Ms. Moss receive compensation, they can still collect compensatory and emotional damages from his estate, Mr. Rabin said.
Mr. Giuliani faces additional legal challenges.
Mr. Giuliani is under indictment in Georgia. A local prosecutor has charged him, Mr. Trump and others with racketeering over their efforts to overturn the election results in Georgia.
He is facing a defamation suit from Dominion Voting Systems, one of the largest voting machine sellers in the country. The company accused Mr. Giuliani of spreading lies about the company as part of its efforts to keep Mr. Trump in power.
Mr. Giuliani’s former lawyer, Robert J. Costello, is also suing him for $1.3 million in unpaid legal fees. And a former employee, Noelle Dunphy, filed a lawsuit in May, alleging that Mr. Giuliani harassed and assaulted her in early 2019. Mr Giuliani has denied the allegations.