Former New York City Mayor Rudy Giuliani attends a ceremony in Zuccotti Park on the 19th Anniversary of the September 11 terrorist attack on the World Trade Center, New York, NY, September 11, 2020, (Anthony Behar/Sipa USA/AP Images).
Rudy Giuliani has asked a federal judge for permission to attend a contempt hearing remotely because of his health and potential status as an assassination target for the Islamic Republic of Iran.
In turn, he might find himself repeating the proverb of being careful about what you wish for.
In an unopposed motion to appear virtually filed Wednesday, the former New York City mayor asked U.S. District Judge Beryl Howell to forego in-person attendance at the proceedings slated for Friday.
The plaintiffs in the defamation case, Ruby Freeman and her daughter Wandrea ArShaye “Shaye” Moss, have not expressed any position on Giuliani’s request, according to the defense motion.
“Mayor Giuliani lives in Florida,” the motion argues. “He is 80 years old and suffers from a number of medical conditions. These include a severe knee conditions, one which involves a knee that has already been the subject of emergency surgery and the other that will require surgery and rehab, as well as a lung condition that requires the use of an inhaler. Moreover, Mayor Giuliani has had two stents inserted to deal with a 95% blockage in one coronary artery and an 85% blockage in the other coronary artery. Mayor Giuliani takes medication for his heart condition and carries nitroglycerin with him at all times.”
The motion also cites the international situation as another reason for the defendant to appear remotely.
From the filing, at length:
In addition, there have been a number of credible death threats against Mayor Giuliani, including two successful prosecutions and others that could be detailed if necessary. As one of the more outspoken critics of the current Iranian regime, at a time of heightened terrorism concerns following the recent events in New Orleans and Las Vegas and the escalating conflict between Israel and Iran and its various proxies, it is reasonable to take extra precautions regarding Mayor Giuliani’s safety, and to limit travel whenever possible. All of this not only makes travel burdensome, but also complicates entrance to and exit from the Courthouse.
Howell quickly took stock of the defense motion and gave the court’s stamp of approval in minute order — with a substantial catch.
In order for the remote request to be granted, Giuliani must file a sworn declaration saying “he has been unable to travel and has not traveled from his residence in Florida” for the past 30 days. Additionally, he must swear “he remains unable to and will not travel in the next 30 days (i.e., the period from December 9, 2024, to February 7, 2025), due to these same medical conditions and security concerns.”
In other words, the defendant’s remote appearance is conditioned on missing President-elect Donald Trump’s inauguration.
The underlying case is different from but closely related to the original $148 million defamation verdict the pair won against Giuliani for spreading lies about them in the aftermath of the 2020 election.
In December 2023, Freeman and Moss asked the court to issue an injunction that would “permanently” bar Giuliani from defaming them — accusing him of continuing to lob such unsubstantiated falsehoods and peddle pro-Trump conspiracy theories about never-proven electoral fraud even after being found liable for the same.
The onetime federal prosecutor eventually agreed to abide by an injunction prohibiting him from making any additional claims that Freeman or Moss had “engaged in wrong-doing in connection with the 2020 presidential election.”
But, Freeman and Moss allege, the defamation continued apace.
In late November 2024, the mother-daughter duo asked Howell to hold Giuliani in contempt for allegedly violating the injunction.
From that motion (emphasis in original):
In two recent broadcasts of his nightly show, Mr. Giuliani claimed — unambiguously referring to Plaintiffs — that “they never let me show the tapes that show them quadruple counting the the the ballots,” that his tapes showed Plaintiffs “passing these little uh little hard drives that we maintain were used to fix the machines right and they say it was candy. Well you look at it looks like a hard drive to me and they told me it was a hard drive and there’s no proof that it was candy,” and that “you can see if you want uh in living color her quadruple counting votes and the people uh thrown out of the Arena.” These statements repeat the exact same lies for which Mr. Giuliani has already been held liable, and which he agreed to be bound by court order to stop repeating. They constitute unambiguous violations of the Consent Injunction.
The legal process moved along, waxing with a flurry of motions and court orders, and waning with the advent of the holidays.
Now, the court is finally ready to hear the merits of the renewed allegations — but Giuliani says his safety necessitates remaining in the Sunshine State or, at the very least, far away from the federal district.
Aside from myriad medical health concerns, Giuliani’s lawyers Eden P. Quainton and Jonathan S. Gross suggest their client might very well be on some sort of a hit list maintained by Iran’s foreign services.
“Mayor Giuliani suffers from a number of medical conditions that make travel challenging and risky,” the motion goes on. “In addition, Mayor Giuliani has been the target of hatred and death threats from many sources, which often requires the mobilization of a security team for travel outside of Defendant’s home in Florida and will complicate Defendant’s in-person participation in the January 10 hearing. These factors provide sufficient support for the Court to exercise its inherent discretionary authority to permit Mayor Giuliani to appear remotely at this Friday’s hearing”
In the contempt motion, Freeman and Moss are seeking a sanction, inclusive of “fines” that are “calibrated to coerce compliance” with the injunction. The plaintiffs have not otherwise asked for a specific sanction.
