In the defamation case brought by former Georgia election workers Ruby Freeman and Shaye Moss, who are a mother and daughter, the presiding judge (Beryl Howell) has ruled that the jury at an upcoming trial will be told to make a series of adverse (against Giuliani) inferences around his failures to comply with expectations for the basic judicial process so far.
The trial will deal only with the question of the level of financial penalty to impose on Giuliani, who the judge already ruled was liable for the claims that Freeman and Moss made. That earlier development came as he failed to comply with the discovery process, in which he was expected to produce documentation relevant to his financial state. Now, jurors will be told they must “infer that defendant Giuliani was intentionally trying to hide relevant discovery about the Giuliani Businesses’ finances for the purpose of shielding his assets from discovery and artificially deflating his net worth,” Howell said. Similarly adverse inferences are outlined in the same decision from the judge, including one assuming that he’s tried to hide the online reach of false statements about Freeman and Moss.
Incorporating these adverse inferences into the jury’s decision-making could amplify the negative effects for Giuliani should they decide on financial penalties that are more steep. Howell also said that jurors will be told they should “infer that the Giuliani Businesses continue to generate advertising revenue and other income from their operations,” which could impact his ability to comply in any significant manner with financial obligations — meaning he would be able to fulfill such compliance, even if he should contend otherwise.
Giuliani has continued to refuse to engage with the actual process in variously substantial manners, having apparently not filed any objection to recent proposals from plaintiffs for instructions on adverse inferences to the upcoming jury. Trial will be in December. Giuliani, meanwhile, continues facing other legal trouble, including criminal charges from Georgia’s Fulton County District Attorney Fani Willis for his part in attempted election meddling.
