The rule of law is not just some lawyer's turn of phrase. It is the very foundation of our democracy.

The essence of the rule of law is that like cases are treated alike.

That there not be one rule for Democrats and another for Republicans, one rule for the powerful, another for the powerless, one rule for the rich, and another for the poor, or different rules depending upon one's race or ethnicity.

To serve as attorney general at this critical time is a calling I am honored and eager to answer.

So yeah, now it's clean up on aisle 45 time and for a long while yet it is going to be clean up on aisle 45.

Hey everybody, welcome to episode 137 of clean up on aisle 45. It's Wednesday, September 6th, and we have a ton to cover today, including updates from the Fountain County racketeering case, and the numerous speedy trial filings, motions to sever, and motions to remove the case to federal court.

Yeah, not to mention what happened with the one detained defendant, Harrison Floyd, and the defendants who haven't waved their agreements and pled not guilty will be in court today as the episode airs.

And finally, we also have an update on Peter Navarro, whose trial is underway this week.

Yep, and what I think is the story of the week, we're going to be covering that's Ruby Freeman and Shay Moss, winning a default judgment, a partial default judgment in their defamation case against Rudy Giuliani.

First, let's thank our new patrons to become a patron and get these episodes ad free as well as invites to our Zoom calls and access to the weekend bonus episodes head to patreon.com slash aisle 45 pod.

Whatever name you sign up with, we'll read on the show this week's new patrons include Lisa Hyderick, Claire Mavani, Sin Russell, Melanie Gordon, Jonathan Franco, Alicia Simon, Maria loves BTS, Laurie Young, Jim M. Hallowell, Michael Bonello, Mary Gilmore, Mark P. J. W.

A. W. O. For seven, Marika Gerard, Jennifer Paplowski, M. A. K. B. Pam Robinson, thank you all so much, you make this show go.

Alright, let's start with what I think, like I said, is the story of the week. I know we usually start down in Fulton County, but I want to start in New York, Ruby Freeman and Shay Moss have won their defamation case against Rudy Giuliani.

And this is a big deal, Pete, because we never see default judgments in defamation cases, even in Fox News. I mean, they found that they had a partial default judgment where they didn't have to prove falsity during trial, but they still had to prove actual malice during trial.

But here, because of severe sanctions, emotion for severe sanctions filed by Ruby Freeman and Shay Moss that Rudy Giuliani was, you know, hiding his assets and not being forthcoming in the discovery process with his documents, saying that, well, the FBI seized it all, and I just didn't have any access to it. And I'm broke.

And you know, whatever his, his, you know, excuses were, by the way, along with what Catherine frees, Bernie Kerrick Bernard Kerrick, former New York City Police Commissioner, and Jenna Ellis as well, they're all not being very forthcoming in discovery.

Judge decided, hey, you get a default judgment. We don't have to prove anything in court, but we will go to trial to determine damages. So this is very bad news for Rudy.

Yeah, it really is. And I mean, so it's a cheap judge to barrel howl in DC ended down this decision. And it's 57 pages long. It is if you want something that will both outrage you and simultaneously make you feel the appropriate outcomes reach, you know, pull it off, but she just eviscerates truly out of it, going through all the things that he failed. It wasn't just, it wasn't just not turning over materially should turn over and discovery. She goes so far as to say that, look, you know, this is a quote from from the finding.

Plato's persuasively argued that the only reasonable explanation for Giuliani's failure to take any reasonable preservation steps, quote, is that he did so deliberately to deny plaintiffs and the scores of other plaintiffs and government entities litigating and investigating his actions during and after the 2020 presidential elections.

Evidence that would be helpful to their case, despite repeated requests for details about his preservation efforts by Plato's council in December 20th and January 6th and a Giuliani's deposition Giuliani finally answered that the only preservation effort he took was to turn off auditly on an enumerated list of devices and possibly on his communications accounts.

And you know, so he, it isn't just he didn't do it. It's like this guy goes a lawyer and again, I think he's been a lawyer for more than longer than I've been alive and you have been alive, you know, 55, 55, a long time, but then I think 54, 55 years, doing the fundamental things that the law requires.

And so I think Judge Howell looking at this and look, you can't, you know, not not only you should have known given your, you know, generations long career as an attorney, you absolutely should have known the things that you are obligated to do as part of discovery and preserving evidence and pointing out that look, it's not just for for Moss and Freeman, it's for every other single entity that's looking at the alleged crimes that took place during the election.

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