Rudy was sued for defamation related to statements about election fraud.
The plaintiffs demanded evidence from Rudy.
Rudy could not provide that evidence because it was items that were seized by the FBI, so not in his possession. So, it was impossible for him to turn it over. Therefore, he did not turn over the evidence that he did not have.
At this point, the plaintiff CAN file motions to demand the turning over of evidence, and a judge CAN hold a hearing to "show cause" as to why Rudy did not turn over the evidence.
At such a hearing, Rudy could have provided evidence that the items had been seized and so it was impossible for him to comply.
At that point, either the evidence cannot be presented, or the judge does not believe him and holds him contempt (should be a couple more steps, but this is the final result).
At that point, Rudy could appeal and would win (unless the appeals court is also corrupt, which it likely is), because no person can be forced to do something that is impossible to do.
Since Rudy did not turn over the evidence, even though he could not, the case could be decided for the plaintiff (maybe), or dismissed.
But that did not happen.
Instead, the judge just threw out rule of law and decided that he would be found liable for defamation, along with plenty of fees thrown at him, because he did not provide the evidence.
Judge is acting outside of the law.
But Rudy is now in position to appeal, and if my set of facts are correct, and if the appeals court is not corrupt, the judge's decision should be thrown out.
Furthermore, this would also constitute "fraud on the court" because of the judge's erroneous decision, which would make the decision void, if Rudy goes that direction. That would dismiss the case once and for all.
So ... let's see if Rudy appeals and what happens there.
You can search it for Discovery. The other defendants (Herring Networks parent co of OANN settled in 2022.)
Deadlines for discovery were set back in April 2022 to be completed by February 2023.
fact discovery due by 11/22/2022;
expert disclosures due by 12/16/2022;
rebuttal expert designation due by 1/27/2023;
all discovery due by 2/17/2023.
This obviously didn't happen. Rudy was sanctioned in June for failing to produce discovery
Rudy could have provided evidence that the items had been seized and so it was impossible for him to comply.
This isn't the case though. For one Rudy didn't comply on a host of discovery productions, not just his seized phones.
Also Rudy did have his phones seized in a case that is now closed. But he has access to all his data from those phones.
The DOJ turned over a database of the what they collected. Rudy used a eDiscovery Vendor to storage, manage and search that database. The vendor is called TrustPoint. First Rudy was claiming he couldn't turn over these records because he owed $320,000 to TrustPoint. In legal terms he was in "arrears."
This "Joint Status Report" was filed on June 30. The judge said show us your financial records to prove you can't pay TrustPoint
the Court directed Defendant to produce his financial records to Plaintiffs by May 30, so that Plaintiffs could evaluate Defendant’s claim of inability to cover the costs associated with searching the TrustPoint database;
By May 30 somebody paid Rudy's bill and Rudy asked not to turn over his financial information. (That someone appears to be the Save America PAC.)
Defendant filed a declaration .... apprising the Court that Defendant
had secured funding from a third-party to cover his arrearage to TrustPoint and >requesting that the Court reconsider its order directing Defendant to produce his >financial information to the Plaintiff,
So by May 30 Giuliani could have turned the seized phone info over. He didn't.
Thank you for this thorough account. The way I interpret it is that Rudy is intentionally delaying for a more important purpose. I would guess it is at Q's direction & it probably has to do with the ideal timing for this information to go public for the sake of bringing down the cabal
My understanding is this:
Rudy was sued for defamation related to statements about election fraud.
The plaintiffs demanded evidence from Rudy.
Rudy could not provide that evidence because it was items that were seized by the FBI, so not in his possession. So, it was impossible for him to turn it over. Therefore, he did not turn over the evidence that he did not have.
At this point, the plaintiff CAN file motions to demand the turning over of evidence, and a judge CAN hold a hearing to "show cause" as to why Rudy did not turn over the evidence.
At such a hearing, Rudy could have provided evidence that the items had been seized and so it was impossible for him to comply.
At that point, either the evidence cannot be presented, or the judge does not believe him and holds him contempt (should be a couple more steps, but this is the final result).
At that point, Rudy could appeal and would win (unless the appeals court is also corrupt, which it likely is), because no person can be forced to do something that is impossible to do.
Since Rudy did not turn over the evidence, even though he could not, the case could be decided for the plaintiff (maybe), or dismissed.
But that did not happen.
Instead, the judge just threw out rule of law and decided that he would be found liable for defamation, along with plenty of fees thrown at him, because he did not provide the evidence.
Judge is acting outside of the law.
But Rudy is now in position to appeal, and if my set of facts are correct, and if the appeals court is not corrupt, the judge's decision should be thrown out.
Furthermore, this would also constitute "fraud on the court" because of the judge's erroneous decision, which would make the decision void, if Rudy goes that direction. That would dismiss the case once and for all.
So ... let's see if Rudy appeals and what happens there.
Thank you for this! This is the best explanation I have seen thus far. Great work!
A lot of what you said already happened. This case has been going on for a while.
Here's the docket. https://www.courtlistener.com/docket/61642105/parties/freeman-v-herring-networks-inc/
You can search it for Discovery. The other defendants (Herring Networks parent co of OANN settled in 2022.)
Deadlines for discovery were set back in April 2022 to be completed by February 2023.
This obviously didn't happen. Rudy was sanctioned in June for failing to produce discovery
This isn't the case though. For one Rudy didn't comply on a host of discovery productions, not just his seized phones.
Also Rudy did have his phones seized in a case that is now closed. But he has access to all his data from those phones.
The DOJ turned over a database of the what they collected. Rudy used a eDiscovery Vendor to storage, manage and search that database. The vendor is called TrustPoint. First Rudy was claiming he couldn't turn over these records because he owed $320,000 to TrustPoint. In legal terms he was in "arrears."
This "Joint Status Report" was filed on June 30. The judge said show us your financial records to prove you can't pay TrustPoint
https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.77.0.pdf
By May 30 somebody paid Rudy's bill and Rudy asked not to turn over his financial information. (That someone appears to be the Save America PAC.)
So by May 30 Giuliani could have turned the seized phone info over. He didn't.
In fact instead of turning over discovery and his financial information Giuliani entered a NOLO CONTENDERE stipulation. More info here https://greatawakening.win/p/17r98yUjnF/x/c/4TwT1K1jldX
Thank you for this thorough account. The way I interpret it is that Rudy is intentionally delaying for a more important purpose. I would guess it is at Q's direction & it probably has to do with the ideal timing for this information to go public for the sake of bringing down the cabal