A federal judge in New York City is set to unseal a court document from the attorneys who represented Rudy Giuliani in his ongoing defamation lawsuit with two Georgia election workers. The lawsuit stems from false claims Giuliani made about Ruby Freeman and her daughter Wandrea ArShaye “Shaye” Moss, which resulted in a $148 million judgment against him. The two election workers have been engaged in contentious litigation with Giuliani to collect on the judgment.
Last month, Giuliani’s lead attorney, Kenneth Caruso, and his co-counsel, David Labkowski, withdrew from representing him. However, they did so without informing Giuliani beforehand, leading to further complications in the case. In their motion to withdraw, Caruso and Labkowski cited a professional conduct rule that allows attorneys to terminate representation under certain circumstances, including a “fundamental disagreement” with the client, a client insisting on presenting a claim that cannot be supported by a good faith argument, and when the representation becomes “unreasonably difficult.”
Caruso and Labkowski initially sought to file their motion under seal, but U.S. District Judge Lewis Liman rejected the request, allowing only a heavily redacted version of the document to be posted on the public docket. Giuliani, who is also facing contempt charges for allegedly failing to respond to the plaintiffs’ discovery requests and not turning over personal items as required by court orders, filed a declaration blaming his former attorneys for the shortcomings.
In his declaration, Giuliani stated that he had not intentionally or willfully disobeyed any court orders or discovery demands. He argued that any documents not produced were due to the fact that he did not possess them and not because of any intent to defy court orders. Giuliani claimed he had relied on his former attorneys, Caruso and Labkowski, to respond to the plaintiffs’ discovery demands and ensure compliance with the court’s orders. Once he retained a new attorney, Joseph Cammarata, Giuliani asserted that he was able to provide all the required discovery to the plaintiffs.
In response to Giuliani’s filing, Judge Liman issued an order requiring the parties involved to inform the court by December 21, 2024, whether they objected to unsealing the declarations from Caruso and Labkowski. The judge cited legal precedent, noting that each day that access to court-filed documents is improperly denied could constitute a violation of the First Amendment.
Giuliani has had a tumultuous relationship with Judge Liman, and at a recent in-person hearing, he interrupted the judge to accuse him of bias. Giuliani expressed frustration with Liman’s handling of the case, calling him an “activist Democrat” and accusing him of being more concerned with popularity than the truth. Giuliani’s comments came after a hearing where he reportedly lashed out at the judge, questioning his impartiality and criticizing his approach to the case.
This legal battle is part of a broader series of challenges Giuliani faces, including lawsuits related to his false claims about the 2020 election. The defamation case with Freeman and Moss is one of the most high-profile, as it centers on Giuliani’s role in spreading baseless conspiracy theories that damaged the reputations of the two election workers. As the litigation continues, the unsealing of the declarations from Giuliani’s former attorneys could shed light on the reasons behind their decision to part ways with the former mayor.
