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		<title>Trump illegally ends fed workers collective bargaining: Suit</title>
		<link>https://homesafetytechpros.com/trump-illegally-ends-fed-workers-collective-bargaining-suit/</link>
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		<pubDate>Mon, 31 Mar 2025 22:04:00 +0000</pubDate>
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					<description><![CDATA[<p>US President Donald Trump sits during his meeting with NATO Secretary General Mark Rutte in the Oval Office of the White House in Washington on March 13, 2025. Photo by Yuri Gripas/Abaca/Sipa USA (Sipa via AP Images). One of the largest federal labor unions in the nation is asking a federal judge to block President [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-illegally-ends-fed-workers-collective-bargaining-suit/">Trump illegally ends fed workers collective bargaining: Suit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_513669" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-513669" class="size-full wp-image-513669" src="https://am21.mediaite.com/lc/cnt/uploads/2025/03/AP25072661065374-1.jpg" alt="Donald Trump opens his palms in the White House." width="1200" height="627"/></p>
<p id="caption-attachment-513669" class="wp-caption-text">US President Donald Trump sits during his meeting with NATO Secretary General Mark Rutte in the Oval Office of the White House in Washington on March 13, 2025. Photo by Yuri Gripas/Abaca/Sipa USA (Sipa via AP Images).</p>
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<p>One of the largest federal labor unions in the nation is asking a <a href="https://lawandcrime.com/tag/lawsuit/">federal judge</a> to block President <a href="https://lawandcrime.com/tag/donald-trump/">Donald Trump’s</a> executive order that would strip hundreds of thousands of workers of the right to collectively bargain with their agency employers in what it calls an act of “political retribution” by the president.</p>
<p>The National Treasury Employees Union (NTEU), the nation’s second largest federal union, on Monday filed a lawsuit in Washington, D.C., <a href="https://lawandcrime.com/high-profile/unlawful-destruction-of-federal-records-hegseth-rubio-and-others-broke-multiple-laws-by-using-disappearing-messaging-app-to-discuss-military-strikes-watchdog-says/">claiming that the president violated federal law</a> in his order, which claims that more than a dozen agencies — including the Food and Drug Administration (FDA) and Bureau of Land Management — were exempt from labor law requirements because they were determined to have a “primary function” in “intelligence, counterintelligence, investigative, or national security work.”</p>
<p><a href="https://www.whitehouse.gov/presidential-actions/2025/03/exclusions-from-federal-labor-management-relations-programs/">The executive order</a>, signed by President Trump on Thursday, led to a flurry of lawsuits from federal agencies seeking to terminate existing contracts with their union employees.</p>
<p>According to the complaint, the order is a thinly-veiled attempt to continue the administration’s effort to gut the federal workforce by making it easier for the government to terminate employees. NTEU also asserts that Trump is seeking revenge for the union filing lawsuits that have stymied his efforts at mass firings and led to judges ordering thousands of employees who were unlawfully fired to be reinstated, as evidenced by the <a href="https://aboutblaw.com/bhG9">White House Fact Sheet</a> on the order.</p>
<p>From the filing:</p>
<blockquote>
<p>The same White House Fact Sheet reveals the secondary motivation for the Executive Order: political retribution. In justifying the Executive Order, the Fact Sheet states that “[c]ertain Federal unions have declared war on President Trump’s agenda.” It continues, “[t]he largest Federal union describes itself as ‘fighting back’ against Trump. It is widely filing grievances to block Trump policies.” It then adds that this union has “filed 70 national and local grievances over President Trump’s policies since the inauguration — an average of over one a day.”</p>
</blockquote>
<p>As a result of the order, the heads of those agencies are required to stop payroll deductions for employees that go toward union dues, which NTEU says accounts for more than half its revenue stream. The organization is responsible for negotiating collective bargaining agreements with federal employers, lobbying for laws and regulations that improve work environments for federal employees, and litigating on behalf of members.</p>
<p>While presidents have previously issued executive orders exempting certain offices within agencies that clearly perform security or intel work from collective bargaining laws, “no President has ever exempted an entire Cabinet-level agency — let alone multiple Cabinet-level agencies,” according to the suit, which claims the order would leave a full two-thirds of the federal workforce without unionization rights.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“Congress granted federal employees collective bargaining rights. Congress gave the President narrow authority to exclude some agencies from the collective bargaining statute,” <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.279006/gov.uscourts.dcd.279006.1.0.pdf">the 33-page complaint</a> states. “But the President may use that authority only if the agency primarily does intelligence, counterintelligence, investigative, or national security work, and only if the statute cannot be applied ‘in a manner consistent with national security requirements and considerations.’ The President’s sweeping Executive Order is inconsistent with this narrow authority. The Administration’s own issuances show that the President’s exclusions are not based on national security concerns, but instead a policy objective of making federal employees easier to fire and political animus against federal sector unions.”</p>
<p>The complaint seeks a court order declaring Trump’s order as being unlawful, blocking it from taking effect, and enjoining agency heads from implementing its directives.</p>
<p>“The law plainly gives federal employees the right to bargain collectively and the shocking executive order abolishing that right for most of them, under the guise of national security, is an attempt to silence the voices of our nation’s public servants,” NTEU National President Doreen Greenwald said in a <a href="https://www.nteu.org/media-center/news-releases/2025/03/31/unionrightslawsuitrelease">statement</a>. “It is also a continuation of the administration’s efforts to deny the American people the vital services that these talented civil servants provide by making it easier to fire them without any pushback from their union advocates.”</p>
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<p>The post <a href="https://homesafetytechpros.com/trump-illegally-ends-fed-workers-collective-bargaining-suit/">Trump illegally ends fed workers collective bargaining: Suit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Trump dealt blow as fired USDA workers ordered back by MSPB</title>
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		<pubDate>Thu, 06 Mar 2025 10:47:46 +0000</pubDate>
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					<description><![CDATA[<p>US President Donald Trump arrives before signing the Laken Riley Act into law in the East Room at the White House in Washington on January 29, 2025 (Yuri Gripas/Abaca/Sipa USA/Sipa via AP Images). The U.S. Merit Systems Protection Board has temporarily blocked President Donald Trump‘s firings of approximately 5,900 probationary employees at the U.S. Department [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-dealt-blow-as-fired-usda-workers-ordered-back-by-mspb/">Trump dealt blow as fired USDA workers ordered back by MSPB</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p> <br />
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<div id="attachment_505189" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-505189" class="size-full wp-image-505189" src="https://am22.mediaite.com/lc/cnt/uploads/2025/01/AP25029743075152-1.jpg" alt="Donald Trump sighs during a press conference." width="1200" height="627"/></p>
<p id="caption-attachment-505189" class="wp-caption-text">US President Donald Trump arrives before signing the Laken Riley Act into law in the East Room at the White House in Washington on January 29, 2025 (Yuri Gripas/Abaca/Sipa USA/Sipa via AP Images).</p>
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<p>The<a href="https://lawandcrime.com/high-profile/independent-board-thwarts-trump-admins-firing-of-6-federal-workers-finding-6-agencies-engaged-in-a-prohibited-personnel-practice/" target="_blank" rel="noopener"> U.S. Merit Systems Protection Board</a> has temporarily blocked <a href="https://lawandcrime.com/high-profile/absolute-presidential-power-judge-highly-skeptical-of-trump-admin-unitary-executive-theory-arguments-during-hearing-over-firing-of-biden-appointed-labor-board-member/" target="_blank" rel="noopener">President Donald Trump</a>‘s firings of approximately 5,900 probationary employees at the U.S. Department of Agriculture who have been booted since he took office in January.</p>
<p>In a stay issued on Wednesday by embattled MSPB member Cathy Harris, who has been <a href="https://lawandcrime.com/high-profile/the-presidents-violation-of-law-judge-permanently-reinstates-biden-appointed-member-of-civil-service-board-who-trump-illegally-and-ineffectually-tried-to-fire/" target="_blank" rel="noopener">fighting for her job</a> herself, the board condemned the terminations as “planned eliminations” and violations of “personnel practice.”</p>
<p>“I find that there are reasonable grounds to believe that the agency engaged in a prohibited personnel practice,” Harris <a href="https://www.documentcloud.org/documents/25552076-order-on-stay-request-usdadellinger/" target="_blank" rel="noopener">wrote</a> in the MSPB order, noting how Biden ethics enforcer <a href="https://lawandcrime.com/high-profile/manufacturing-a-threat-trump-wants-to-contravene-nearly-a-century-of-precedent-with-biden-watchdogs-firing-embattled-official-says/" target="_blank" rel="noopener">Hampton Dellinger</a> — who is <a href="https://lawandcrime.com/high-profile/rogue-use-of-executive-authority-trump-doj-rips-judge-for-deeming-biden-watchdog-firing-illegal-and-pressures-dc-circuit-to-respond-before-scotus-showdown/" target="_blank" rel="noopener">battling Trump’s Justice Department</a> in federal court over his firing at the Office of Special Counsel — provided findings from an OSC investigation on the USDA removals this week that “reasonably” alleges and outlines personnel violations by the Trump administration.</p>
<p>Harris said the board believed there were “reasonable grounds” to stay the firings for 45 days while MSPB members continue to investigate, on account of there being so many people involved.</p>
<p>“Because there is a possibility that additional individuals, not specifically named in the agency’s response, may be affected by these probationary terminations, and given the assertions made in OSC’s initial stay request and the deference to which we afford OSC in the context of an initial stay request, I find that there are reasonable grounds to believe that the agency terminated the aforementioned probationary employees in violation of (civil service laws),” Harris explained.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Dellinger, who was appointed by <a href="https://lawandcrime.com/tag/joe-biden/" target="_blank" rel="noopener">Joe Biden</a> in 2024 to lead the Office of Special Counsel and enforce whistleblower laws, <a href="https://www.documentcloud.org/documents/25551043-usda-systemic-stay-dellinger/" target="_blank" rel="noopener">filed a petition</a> last Friday with the MSPB asking it to stay the firings of the nearly 6,000 workers who were sent packing “without consideration of their individual performance or fitness for federal employment,” the document alleged.</p>
<p>“Rather … it did not identify their positions as ‘mission-critical,&#8221;” Dellinger said. “USDA made no attempt to assess the individual performance or conduct of any of these probationary employees before deciding whether to terminate them.”</p>
<p>Dellinger was axed by Trump in January “in a one-sentence email,” <a href="https://lawandcrime.com/high-profile/direct-conflict-with-nearly-a-century-of-precedent-trump-violated-law-by-firing-biden-ethics-enforcer-appointed-to-stop-circumstances-such-as-these-lawsuit-says/" target="_blank" rel="noopener">according to a lawsuit</a> he filed last month in the District of Columbia. Last Saturday, U.S. District Judge Amy Berman Jackson ruled that Dellinger’s termination from the Office of Special Counsel after Trump took office in January was illegal and unprecedented.</p>
<p><a href="https://lawandcrime.com/high-profile/government-cannot-just-press-a-button-trump-doj-blasts-2-billion-pay-or-else-order-that-requires-it-to-cough-up-federal-funds-following-usaid-freeze-in-scotus-bid/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Government cannot just press a button’: Trump DOJ blasts $2 billion ‘pay-or-else order’ that requires it to cough up federal funds following USAID freeze in SCOTUS bid</strong></a></p>
<p class="qualified qualified-2">Harris, meanwhile, was fired on Feb. 10 in an email from an assistant that told her she was “terminated, effective immediately.”</p>
<p class="qualified qualified-1">A federal judge on Tuesday <a href="https://lawandcrime.com/high-profile/the-presidents-violation-of-law-judge-permanently-reinstates-biden-appointed-member-of-civil-service-board-who-trump-illegally-and-ineffectually-tried-to-fire/">reinstated Harris</a> — a Joe Biden appointee whose term expires in 2028 — temporarily after she sued to regain her position. Speaking in a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277372/gov.uscourts.dcd.277372.40.0_2.pdf" target="_blank" rel="noopener">35-page memorandum opinion</a>, U.S. District Judge Rudolph Contreras ruled firmly in Harris’ favor by granting her a preliminary injunction. The decision was based on a <a href="https://www.oyez.org/cases/1900-1940/295us602" target="_blank" rel="noopener">1935 U.S. Supreme Court case</a> keeping “quasi judicial and quasi legislative” agencies largely insulated from the whims of the president.</p>
<aside class="o-callout__recirculate o-callout">
<div class="o-section-heading">
<p class="qualified qualified-5">“The Court first considers the constitutionality of the MSPB’s structure, concluding that its members’ for-cause removal protections are constitutional,” the court’s opinion said. “Federal law thus prevents the President from removing members of the MSPB without cause, and the President’s attempt to terminate Harris was unlawful. As such, Harris is entitled to summary judgment.”</p>
<p>For the USDA firings, Dellinger and the OSC conducted an investigation and then filed a petition with the MSPB asking it to reverse the removals and issue a temporary stay while the OSC continues to investigate allegations of USDA’s “systemic merit systems abuses,” which include violations of civil service protections and federal personnel laws.</p>
<p>“In most cases, probationary employees in the competitive service may only be terminated if their performance or conduct demonstrates that they are unfit for federal employment,” Dellinger said. “If agencies wish to terminate probationary employees not for performance or conduct, but as part of a general restructuring or downsizing, they must initiate a reduction in force (RIF) and follow the relevant procedures for that process.”</p>
<p><a href="https://lawandcrime.com/email-newsletter/" target="_blank" rel="noopener"><strong>Love true crime? Sign up for our newsletter, The Law&amp;Crime Docket, to get the latest real-life crime stories delivered right to your inbox.</strong></a></p>
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<br /><a href="https://lawandcrime.com/high-profile/planned-eliminations-reinstated-biden-ethics-enforcers-proving-to-be-a-real-thorn-in-trumps-ability-to-fire-federal-workers/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/trump-dealt-blow-as-fired-usda-workers-ordered-back-by-mspb/">Trump dealt blow as fired USDA workers ordered back by MSPB</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Trump, CIA can fire intelligence workers in DEI roles: Judge</title>
		<link>https://homesafetytechpros.com/trump-cia-can-fire-intelligence-workers-in-dei-roles-judge/</link>
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		<dc:creator><![CDATA[homesafetytechpros]]></dc:creator>
		<pubDate>Thu, 27 Feb 2025 21:49:27 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon). A federal judge in Virginia has given the Trump administration and CIA the green light to pluck intelligence workers from offices focused on diversity, equity and inclusion initiatives — falling in line [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-cia-can-fire-intelligence-workers-in-dei-roles-judge/">Trump, CIA can fire intelligence workers in DEI roles: Judge</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
]]></description>
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<div id="attachment_507260" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-507260" class="size-full wp-image-507260" src="https://am24.mediaite.com/lc/cnt/uploads/2025/02/AP25042763969855-1.jpg" alt="Donald Trump in the Oval Office." width="1200" height="627"/></p>
<p id="caption-attachment-507260" class="wp-caption-text">President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon).</p>
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<p>A <a href="https://lawandcrime.com/high-profile/this-was-not-a-close-case-judge-slams-trumps-position-on-birthright-citizenship-saying-all-factors-favor-the-plaintiffs-lopsidedly/" target="_blank" rel="noopener">federal judge</a> in <a href="https://lawandcrime.com/tag/virginia/" target="_blank" rel="noopener">Virginia</a> has given the <a href="https://lawandcrime.com/high-profile/the-government-misdescribes-what-occurred-trump-and-biden-ethics-enforcer-trade-blows-in-dueling-letters-to-scotus-over-whether-watchdog-is-wielding-executive-power-by-protecting-fired-worker/" target="_blank" rel="noopener">Trump administration</a> and CIA the green light to pluck intelligence workers from offices focused on diversity, equity and inclusion initiatives — falling in line with the president’s axing of DEI policies — after originally agreeing to block their terminations last week with a temporary restraining order.</p>
<p>“Upon consideration of the filings, the record in this case, and oral argument, and for the reasons stated from the bench, it is hereby ordered that the administrative stay, entered on February 18, 2025, is vacated, with Plaintiffs’ deadline to respond to the deferred resignation program (“DRP”) and other employment options, made available to them under the CIA Director’s February 18, 2025 Memorandum, extended to at least to 5:00 p.m. ET on Monday, March 3, 2025,” the <a href="https://www.documentcloud.org/documents/25546819-11-workers-v-office-of-the-director-of-national-intelligence-1-25-cv-00300/" target="_blank" rel="noopener">Thursday order</a> from U.S. District Judge Anthony J. Trenga said. “Upon consideration of the filings, the record in this case, and oral argument, and for the reasons stated from the bench, it is hereby ordered that the administrative stay, entered on February 18, 2025, is vacated.”</p>
<p>Trenga ruled from the bench, saying he was siding with Trump and CIA Director John Ratcliffe to vacate the TRO based on current laws and regulations in place that give them the authority to fire intelligence employees at will, according to <a href="https://www.nytimes.com/2025/02/27/us/politics/cia-firing-diversity.html" target="_blank" rel="noopener">The New York Times</a>.</p>
<p>The judge reportedly said that he would have agreed to keep the TRO in place for the 11 plaintiffs — all intelligence workers who were fired — if the argument would have been centered around basic fairness. The federal employees at risk of being fired work in offices and have roles tasked with overseeing diversity, equity, inclusion and accessibility programs across all intelligence agencies.</p>
<p><a href="https://lawandcrime.com/high-profile/profoundly-erroneous-trump-admin-says-biden-appointed-judges-order-requiring-immediate-outlay-of-nearly-2-billion-is-without-legal-basis/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Profoundly erroneous’: Trump admin says Biden-appointed judge’s order requiring ‘immediate outlay’ of nearly $2 billion is ‘without legal basis’</strong></a></p>
<p>Trenga, a George W. Bush appointee who presides over the Foreign Intelligence Surveillance Court, extended the deadline to Monday, March 3, for workers to resign under a deferred resignation program (“DRP”) and other employment options made available to them that allows them to be paid through Sept. 30. Employees are unable to challenge the firings or transfer to other agencies, per Trenga.</p>
<p>When the judge stayed the firings last week, he said that he was looking for “clarification” as to what agency regulations are involved in the case and the potential harm caused to the plaintiffs if they were to be terminated.</p>
<p>“Upon consideration of the filings, the record in this case, and oral argument, the Court concludes that it would benefit from Defendants’ response to the Motion, including clarification as to what Agency regulations are implicated in this case and the potential irreparable harm to Plaintiff John Does 1-6 and Jane Does 1-5,” Trenga’s Feb. 18 order said. “As the Court awaits full briefing and argument on the Motion, it exercises its powers under the All Writs Act and its inherent powers to manage its docket, to issue an administrative stay.”</p>
<p>After Thursday’s ruling came down, several intelligence workers — including those who filed the suit — gave Assistant U.S. Attorney Dennis Barghaan, who argued Trump’s case, a tongue lashing outside of court.</p>
<p>“You should be ashamed. You should really be ashamed of yourself,” one of the plaintiffs said, according to <a href="https://www.politico.com/news/2025/02/27/cia-dei-firings-trump-administration-00206491" target="_blank" rel="noopener">Politico</a>. “That was really disgusting.”</p>
<p>When Trump issued his Jan. 20 orders ending DEI programs shortly after taking office, he condemned the initiatives and policies as being a corruption of “our institutions” and an attempt to replace “hard work, merit, and equality with a divisive and dangerous preferential hierarchy,” according to one order. Three different directives were handed out targeting diversity, equity, inclusion and accessibility roles.</p>
<p>“The previous administration has embedded deeply unpopular, inflationary, illegal, and radical practices within every agency and office of the Federal Government,” Trump <a href="https://www.whitehouse.gov/presidential-actions/2025/01/initial-rescissions-of-harmful-executive-orders-and-actions/" target="_blank" rel="noopener">said</a>.</p>
<p>The DEI crusade has sparked multiple lawsuits and at least one other TRO in Maryland, where a federal judge blocked Trump from targeting federal agencies and contractors.</p>
<p>It’s unclear how many intelligence officers will be dismissed by the CIA, with as many as 51 being listed by lawyers for the employees. The plaintiffs suing the Trump administration include six men and five women who worked for the CIA and Director of National Intelligence. They claim in their complaint that they were unlawfully targeted and terminated due to “their assumed beliefs” about DEI policies without cause and notice.</p>
<p>“While intelligence officers lack recourse to the Merit System Protection Board, their own agencies classified internal regulations provide procedures for terminating officers,” the <a href="https://www.documentcloud.org/documents/25546846-intelligence-workers-v-office-of-the-director-of-national-intelligence-1-25-cv-00300complaint/" target="_blank" rel="noopener">complaint</a> says. “Officers’ basic rights include notice, the development of a record, to consult with counsel, and the opportunities to be heard and to appeal. Plaintiffs have received none of these rights.”</p>
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<p>The post <a href="https://homesafetytechpros.com/trump-cia-can-fire-intelligence-workers-in-dei-roles-judge/">Trump, CIA can fire intelligence workers in DEI roles: Judge</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Judge regrets efforts to fire workers — hands Trump victory</title>
		<link>https://homesafetytechpros.com/judge-regrets-efforts-to-fire-workers-hands-trump-victory/</link>
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		<pubDate>Fri, 21 Feb 2025 08:33:25 +0000</pubDate>
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					<description><![CDATA[<p>FILE — President Donald Trump throws pens used to sign executive orders to the crowd during an indoor Presidential Inauguration parade event in Washington, Monday, Jan. 20, 2025 (AP Photo/Matt Rourke, File). A federal judge in Washington, D.C., handed the Trump administration a win on Thursday by allowing the government to move forward with plans [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-regrets-efforts-to-fire-workers-hands-trump-victory/">Judge regrets efforts to fire workers — hands Trump victory</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="post-body">
<div id="attachment_505354" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-505354" class="size-full wp-image-505354" src="https://am22.mediaite.com/lc/cnt/uploads/2025/02/AP25031812120776-1.jpg" alt="Donald Trump throws sign pens to a crowd." width="1200" height="627"/></p>
<p id="caption-attachment-505354" class="wp-caption-text">FILE — President Donald Trump throws pens used to sign executive orders to the crowd during an indoor Presidential Inauguration parade event in Washington, Monday, Jan. 20, 2025 (AP Photo/Matt Rourke, File).</p>
</div>
<p>A federal judge in Washington, D.C., handed the <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">Trump administration</a> a win on Thursday by allowing the government to move forward with plans to fire vast number of <a href="https://lawandcrime.com/high-profile/the-courts-cant-act-based-on-news-reports-judge-appears-skeptical-of-states-request-to-bar-musk-and-doge-from-accessing-government-data-firing-employees/" target="_blank" rel="noopener">federal employees</a>.</p>
<p>In a <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277419/gov.uscourts.dcd.277419.28.0_3.pdf" target="_blank" rel="noopener">16-page memorandum opinion and order</a>, U.S. District Judge Christopher Cooper, a Barack Obama appointee, determined he likely lacked the jurisdiction to hear the complaints of five labor unions.</p>
<p>The court reasoned — without technically getting to the merits of the case — that the lead plaintiff, the National Treasury Employees Union, “fails to establish that it is likely to succeed on the merits.”</p>
<p>Instead, the judge said the plaintiffs had to seek “administrative review by the Federal Labor Relations Authority in the first instance, followed by judicial review in the courts of appeals.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Essentially, Cooper shut the unions out of the district courts — but held open the possibility for relief from the court system at a later date.</p>
<p>The judge reasoned that the federal labor relations statute that originated the board “governs labor relations between the executive branch and its employees.”</p>
<p>The judge cites from a <a href="https://law.justia.com/cases/federal/appellate-courts/cadc/18-5289/18-5289-2019-07-16.html" target="_blank" rel="noopener">2019 D.C. Court of Appeals case</a> in which federal employee unions sued then-45th President Trump, at length:</p>
<blockquote>
<p>The Statute further “establishes a scheme of administrative and judicial review.” Under that scheme, the Federal Labor Relations Authority, a three-member agency charged with adjudicating federal labor disputes, reviews matters including “negotiability” and “unfair labor practice” disputes. When reviewing unfair labor practice complaints, “the FLRA resolves whether an agency must bargain over a subject, violated the duty to bargain in good faith, or otherwise failed to comply with the Statute.”</p>
<p>Direct review of the FLRA’s decisions is available in the courts of appeals. The D.C. Circuit has repeatedly held that this scheme “provides the exclusive procedures by which federal employees and their bargaining representatives may assert federal labor-management relations claims.”</p>
</blockquote>
<p>In other words, the court believes something not entirely unlike a very similar issue has been through the D.C. federal court system before.</p>
<p>And then, as of now, the Trump administration came out on top.</p>
<p>In <a href="https://law.justia.com/cases/federal/appellate-courts/cadc/18-5289/18-5289-2019-07-16.html" target="_blank" rel="noopener">that earlier case</a>, however, the district court ruled in the unions’ favor — while the appellate court struck the lower court down by holding that the district court lacked subject matter jurisdiction.</p>
<p><a href="https://lawandcrime.com/high-profile/as-a-student-of-english-judge-mocks-trump-admin-attempt-to-wriggle-away-from-language-in-spending-freeze-memo-maintains-court-ordered-pause/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘As a student of English’: Judge mocks Trump admin attempt to wriggle away from language in spending freeze memo, maintains court-ordered pause</strong></a></p>
<p>In <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.277419/gov.uscourts.dcd.277419.1.0.pdf" target="_blank" rel="noopener">the present lawsuit</a>, the unions asked Cooper to issue a temporary restraining order that would block the government from firing nonessential workers and probationary employees as well as stop the implementation of the “deferred resignation program.”</p>
<p>While the court punted on applying the facts to the law, the order muses quite a bit about the administration’s efforts to downsize union-protected workers.</p>
<p>Cooper’s order begins:</p>
<blockquote>
<p>The first month of President Trump’s second administration has been defined by an onslaught of executive actions that have caused, some say by design, disruption and even chaos in widespread quarters of American society. Affected citizens and their advocates have challenged many of these actions on an emergency basis in this Court and others across the country. Certain of the President’s actions have been temporarily halted; others have been permitted to proceed, at least for the time being. These mixed results should surprise no one. Federal district judges are duty-bound to decide legal issues based on even-handed application of law and precedent — no matter the identity of the litigants or, regrettably at times, the consequences of their rulings for average people.</p>
</blockquote>
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		<title>Defamed election workers want Giuliani harshly punished</title>
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		<pubDate>Fri, 06 Dec 2024 14:47:49 +0000</pubDate>
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					<description><![CDATA[<p>Former New York Mayor Rudy Giuliani speaks during a news conference outside the federal courthouse in Washington, Friday, Dec. 15, 2023. A jury awarded $148 million in damages to two former Georgia election workers who sued Giuliani for defamation over lies he spread about them in 2020 that upended their lives with racist threats and [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/defamed-election-workers-want-giuliani-harshly-punished/">Defamed election workers want Giuliani harshly punished</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_450526" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-450526" class="size-full wp-image-450526" src="https://am24.mediaite.com/lc/cnt/uploads/2024/04/AP23349801870591.jpg" alt="Rudy Giuliani" width="1200" height="627"/></p>
<p id="caption-attachment-450526" class="wp-caption-text">Former New York Mayor Rudy Giuliani speaks during a news conference outside the federal courthouse in Washington, Friday, Dec. 15, 2023. A jury awarded $148 million in damages to two former Georgia election workers who sued Giuliani for defamation over lies he spread about them in 2020 that upended their lives with racist threats and harassment. (AP Photo/Jose Luis Magana).</p>
</div>
<p>Georgia election workers defamed by <a href="https://lawandcrime.com/tag/rudy-giuliani/" target="_blank" rel="noopener">Rudy Giuliani</a> are now asking for him to be slapped with “severe sanctions” for allegedly violating several court orders and repeatedly flouting his discovery obligations.</p>
<p>On Thursday, Ruby Freeman and her daughter Wandrea ArShaye “Shaye” Moss filed a <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.627518/gov.uscourts.nysd.627518.106.0.pdf" target="_blank" rel="noopener">22-page motion</a> asking U.S. District Judge Lewis Liman to hold the former New York City mayor in civil contempt and harshly punish him to enforce compliance with recent court orders.</p>
<p><a href="https://casetext.com/case/freeman-v-giuliani-21" target="_blank" rel="noopener">Those orders</a> were issued by the court on Oct. 28, and Nov. 22. The first order directed the defendant to expediently reply to discovery requests and set deadlines for such replies. After the first deadline was missed, the court set another deadline for Giuliani to explain himself and avoid being held in contempt. Now, that second deadline has whooshed on by and the plaintiffs have lost their patience.</p>
<p>“Mr. Giuliani has not produced a single document in response to Plaintiffs’ discovery orders in this matter notwithstanding multiple orders from this Court requiring him to do so,” the latest motion reads.</p>
<aside class="o-callout__recirculate o-callout"/>
<p><a href="https://lawandcrime.com/high-profile/civil-equivalent-of-a-death-penalty-rudy-giuliani-must-pay-defamed-election-workers-148-million-jurors-find-in-unanimous-decision/" target="_blank" rel="noopener">In December 2023</a>, Freeman and Moss won a $148 million default defamation verdict over a campaign against the women in which Giuliani falsely proclaimed the pair were engaged in fraud and had “cheated” voters during the 2020 presidential election.</p>
<p>The pair have since been engaged in various forms of litigation to avail their monetary interests against the onetime federal prosecutor — including a recent series of Requests for Production of Documents (RFPs) aimed at prying away relevant financial information.</p>
<p>The plaintiffs say Giuliani has not been forthcoming — even after two consecutive orders regarding those requests.</p>
<p>“Over a week has passed since the Court’s November 26, 2024 deadline—and notwithstanding being on notice that his failure to comply may ‘be punishable by contempt’—Mr. Giuliani has not served any responses or produced any documents in response to the First RFPs, or proffered any explanation for why he should not be held in contempt of the Court’s October 28 Order,” the motion goes on. “Plaintiffs respectfully submit that the time has come for Court to hold Mr. Giuliani in contempt for violating both the October 28 and November 22 Orders, and enter a contempt sanction it finds appropriate.”</p>
<p>While the pair are owed millions of dollars by the onetime federal prosecutor — and they have <a href="https://lawandcrime.com/high-profile/i-cant-buy-food-rudy-giuliani-pleads-for-public-donations-after-checking-accounts-seized-by-evil-people/" target="_blank" rel="noopener">begun to collect</a> relatively minor but still substantial <a href="https://lawandcrime.com/high-profile/profound-irony-judge-orders-rudy-giuliani-to-quickly-transfer-his-assets-to-defamed-georgia-election-workers-including-nyc-apartment-and-trump-legal-bills/" target="_blank" rel="noopener">troves of property and cash</a> to cover the debt — there are currently several extant issues in the case and other related cases.</p>
<p><a href="https://lawandcrime.com/high-profile/you-are-against-me-giuliani-lashes-out-at-trump-appointed-federal-judge-in-148-million-defamation-case/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘You are against me!’: Giuliani lashes out at Trump-appointed federal judge in $148 million defamation case</strong></a></p>
<p>A trial in the present case is currently slated for Jan. 16, 2025, to determine whether he established a homestead on his Palm Beach apartment in Florida before the creditors fixed a lien on the property.</p>
<p>Freeman and Moss say they need discovery to help with that aspect of the case. Not convinced they will receive the requested documents, however, they want the court to sanction Giuliani separately for the discovery violations.</p>
<p>“The Court also should sanction Mr. Giuliani for failing to obey multiple discovery orders,” the motion continues. “Here, severe discovery sanctions are warranted given Mr. Giuliani’s willful flouting of multiple orders of this Court, his history of refusing to participate in discovery even in the face of possible sanctions, and his conscious disregard of the inevitable consequence of his conduct.”</p>
<p>In other words, the mother and daughter want the man who defamed them to be punished with contempt, a contempt sanction, and separate sanctions related directly to discovery violations.</p>
<p>The Freeman-Moss filing is not shy with the request; one section is entitled: “Severe Sanctions Are Warranted.”</p>
<p>And the creditors-plaintiffs don’t believe there is much to discuss or debate about Giuliani’s conduct so far.</p>
<p>“Plaintiffs respectfully suggest that the only colorable issue before the Court is not whether to apply Rule 37 sanctions, but rather what type of sanction to impose, ” the motion goes on. “Mr. Giuliani’s conduct necessitates severe sanctions—in particular, adverse inferences and preclusion.”</p>
<p><a href="https://lawandcrime.com/high-profile/giuliani-likely-to-be-held-in-contempt-for-missing-filing-deadline-after-telling-court-it-was-his-main-focus-right-now/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: Giuliani likely to be held in contempt for missing filing deadline after telling court it was ‘his main focus right now’</strong></a></p>
<p>The filing notes some urgency in the request; Giuliani is scheduled to be deposed on Dec. 27; discovery closes on Dec. 31.</p>
<p>“The Court should not permit Mr. Giuliani to delay accountability, especially in the context of a judgment-enforcement action, which this Court has acknowledged ‘should move quickly’ and not be ‘extended’ or ‘lengthy,&#8221;” the motion reads. “Permitting Mr. Giuliani additional time to obfuscate in response to unambiguous discovery orders—especially when he has not provided any indicia of an attempt to comply—risks jeopardizing an already justifiably compressed time frame.”</p>
<p>To this end, the plaintiffs also allege that Giuliani’s repeat violation of the court orders may simply be strategic.</p>
<p>Again, the motion, at length:</p>
<blockquote>
<p>This homestead dispute arises in the context of judgment enforcement and as such Plaintiffs are entitled to a speedy resolution. As such, Plaintiffs have done everything in their power to move this case forward consistent with the January 16, 2025 trial date. Aware of the expedited schedule, Plaintiffs promptly served document discovery on Mr. Giuliani, subject to the truncated deadlines the Court entered. When Mr. Giuliani failed to comply, Plaintiffs promptly filed the motion to compel. In contrast, Mr. Giuliani has made clear his desire to delay trial. It seems that Mr. Giuliani may be refusing to comply with the Orders in an attempt, at least in part, to force the Court to accept further delay. Mr. Giuliani’s gamesmanship and willful disregard for court orders and the burdens his litigation misconduct has inflicted on the parties and the Court warrant the entry of these severe sanctions.</p>
</blockquote>
<p>The man who once went by the name “hizzoner” and then hitched his wagon to pro-Donald Trump conspiracy theories in the wake of the latter’s 2020 election loss, has put himself under increasing legal jeopardy in the defamation in recent days and weeks.</p>
<p><a href="https://lawandcrime.com/high-profile/on-pain-of-contempt-judge-threatens-giuliani-to-turn-over-belongings-allegedly-secreted-away-after-istandwithrudy-hashtag-emerges-in-election-workers-defamation-case/" target="_blank" rel="noopener">Late last month</a>, Liman ordered Giuliani to deliver all of the property owed to Freeman and Moss — which the creditors claim was “secreted away” — by Dec. 9, or face the “pain of contempt.”</p>
<p>Giuliani also <a href="https://lawandcrime.com/high-profile/your-honor-is-unreasonable-and-biased-about-trump-federal-judge-swiftly-rejects-giulianis-already-late-request-for-filing-extension-which-blamed-her-for-rudys-inability-to-find-a-lawyer/" target="_blank" rel="noopener">faces contempt in a D.C.-based case</a> related to claims that he has continued to defame the duo even in defeat.</p>
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		<title>Election workers demand control over Giuliani&#8217;s Trump fees</title>
		<link>https://homesafetytechpros.com/election-workers-demand-control-over-giulianis-trump-fees/</link>
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		<pubDate>Mon, 21 Oct 2024 14:11:43 +0000</pubDate>
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					<description><![CDATA[<p>Members of then President Donald Trump’s legal team, including former Mayor of New York Rudy Giuliani, left, Sidney Powell, and Jenna Ellis, speaking, attend a news conference at the Republican National Committee headquarters, Thursday Nov. 19, 2020, in Washington (AP Photo/Jacquelyn Martin). Defamed election workers in Georgia are still brawling with Rudy Giuliani in court [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/election-workers-demand-control-over-giulianis-trump-fees/">Election workers demand control over Giuliani&#8217;s Trump fees</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_402809" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-402809" class="size-full wp-image-402809" src="https://am22.mediaite.com/lc/cnt/uploads/2023/08/AP20324803065707.jpg" alt="Rudy Giuliani, Sidney Powell, Jenna Ellis" width="1200" height="627"/></p>
<p id="caption-attachment-402809" class="wp-caption-text">Members of then President Donald Trump’s legal team, including former Mayor of New York Rudy Giuliani, left, Sidney Powell, and Jenna Ellis, speaking, attend a news conference at the Republican National Committee headquarters, Thursday Nov. 19, 2020, in Washington (AP Photo/Jacquelyn Martin).</p>
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<p>Defamed election workers in <a href="https://lawandcrime.com/?s=rudy+giuliani" target="_blank" rel="noopener">Georgia</a> are still brawling with <a href="https://lawandcrime.com/?s=rudy+giuliani" target="_blank" rel="noopener">Rudy Giuliani</a> in court as they attempt to collect as much of their $148 million judgment as possible in property, including $2 million in “never paid” legal fees stemming from Giuliani’s <a href="https://lawandcrime.com/high-profile/rudy-giulianis-2020-election-lawyering-for-trump-comes-back-to-haunt-him-again-as-another-court-orders-him-disbarred/" target="_blank" rel="noopener">ill-fated 2020 election lawyering</a> for <a href="https://lawandcrime.com/?s=donald+trump+" target="_blank" rel="noopener">Donald Trump</a> and his campaign.</p>
<p>Lead plaintiff <a href="https://lawandcrime.com/high-profile/beyond-all-possible-bounds-of-decency-rudy-giuliani-hit-with-new-lawsuit-for-defaming-election-workers-even-after-148-million-award/" target="_blank" rel="noopener">Ruby Freeman</a> and her daughter <a href="https://lawandcrime.com/high-profile/the-court-may-be-forced-judge-no-longer-sure-about-giuliani-bankruptcy-dismissal-threatens-to-put-him-under-oath-and-ponders-promptly-liquidating-nyc-apartment/" target="_blank" rel="noopener">Shaye Moss</a> in August <a href="https://lawandcrime.com/high-profile/the-end-of-the-line-defamed-2020-election-workers-go-to-court-to-collect-rudy-giulianis-property-even-what-hes-owed-in-trump-legal-fees/" target="_blank" rel="noopener">asked a federal court</a> to order Giuliani to “turn over personal property in his possession” and to appoint them as “receivers with the power to take possession of, and sell, both real and personal property that Mr. Giuliani does not turn over,” like his <a href="https://lawandcrime.com/high-profile/a-sound-exercise-of-business-judgment-giuliani-bankruptcy-judge-orders-sophisticated-broker-to-put-luxurious-nyc-apartment-up-for-sale/" target="_blank" rel="noopener"> New York apartment</a> and his Florida condo.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>At the time, Freeman and Moss cited Giuliani’s under oath testimony in his since dismissed <a href="https://lawandcrime.com/high-profile/rudy-giuliani-didnt-get-anywhere-close-to-major-discount-he-sought-even-after-the-judge-and-forensic-financial-advisor-reduced-bankruptcy-fees/" target="_blank" rel="noopener">bankruptcy</a> case that he was “owed ‘about two million dollars’ by the Trump 2020 Presidential Campaign (the ‘Trump 2020 Campaign’) and/or the Republican National Committee for his work following the 2020 presidential election.” They demanded that the fee claim be turned over to them.</p>
<div id="attachment_410972" style="width: 1210px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-410972" class="size-full wp-image-410972" src="https://am24.mediaite.com/lc/cnt/uploads/2023/09/ruby-shaye.jpg" alt="Wandrea &quot;Shaye&quot; Moss, a former Georgia election worker, is comforted by her mother Ruby Freeman, right, as the House select committee investigating the Jan. 6 attack on the U.S. Capitol continues to reveal its findings of a year-long investigation, at the Capitol in Washington, June 21, 2022. . (AP Photo/Jacquelyn Martin, File)" width="1200" height="627"/></p>
<p id="caption-attachment-410972" class="wp-caption-text">Left: Shaye Moss. Right: Ruby Freeman, during Jan. 6 Committee testimony (AP Photo/Jacquelyn Martin, File).</p>
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<p>Giuliani <a href="https://lawandcrime.com/high-profile/rudy-giuliani-wants-to-stop-defamed-georgia-election-workers-from-mentioning-money-he-is-owed-by-the-trump-campaign-until-after-the-election/" target="_blank" rel="noopener">responded in early October</a> that he was concerned about timing — so close to the 2024 election — and optics.</p>
<p>“The Court, in its discretion, should postpone a turnover of this claim until November 6, 2024, the day after Election Day,” Giuliani requested, later warning that the media would make it seem like he had turned on Trump.</p>
<p>“Plaintiffs will or may use this assignment for an improper, political (or, at least, collateral) purpose, creating the confusing, and inaccurate, appearance that Defendant is now somehow suing candidate Trump, thereby generating an accompanying, and unnecessary, media frenzy,” his opposition filing argued. “Plainly, the value of this claim will not depreciate between now and November 6, 2024.”</p>
<p>On Friday, Freeman and Moss replied that there was “no merit” to Giuliani’s concerns about timing and appearances. The plaintiffs, therefore, demanded that Giuliani’s “control over this legal claim should be severed immediately.”</p>
<p>“There is no merit to Defendant’s objection. The ‘appearance’ that a judgment debtor is seeking repayment of an outstanding debt for the benefit of creditors is not a meaningful reason to withhold relief under CPLR § 5225 or §5228, and Mr. Giuliani cites no authority to the contrary,” the plaintiffs said. “If anything, Mr. Giuliani’s unwillingness to appear adverse to former President Trump or his campaign further underscores that Mr. Giuliani cannot be trusted to monetize or even preserve the value of this claim for his creditors.”</p>
<p>Freeman and Moss added that it will be “abundantly clear” who is suing whom.</p>
<p>“In any litigation with respect to the Legal Fee Claim—including in the event any such litigation is commenced prior to November 6, 2024—Plaintiffs would bring such litigation in their capacity as receivers for, or as assignees of, Mr. Giuliani’s interest in the claim, and would make that status abundantly clear both in the case caption and in the body of any complaint,” the filing said. “No reasonable observer would misinterpret such a filing as a suit by Mr. Giuliani against former President Trump, the 2020 Trump Campaign, or any other party.”</p>
<p>The Trump legal claim aside, plaintiffs are apparently open to the idea that neither New York Yankees World Series rings nor a watch that belonged to Giuliani’s grandfather will be subject to collection.</p>
<p>As Law&amp;Crime noted recently, Giuliani’s son Andrew Giuliani filed documents <a href="https://lawandcrime.com/high-profile/i-want-to-give-them-to-you-now-andrew-giuliani-rushes-to-stop-defamed-2020-election-workers-from-collecting-new-york-yankees-superfan-dads-world-series-rings-submits-photo-proof/" target="_blank" rel="noopener">claiming that the rings are his</a> and have been since 2018, when his father gifted them to him.</p>
<p>Freeman and Moss are asking the judge to let discovery play out and for the younger Giuliani to sit for a deposition on the rings, perhaps ahead of November, before a ruling is issued on “turnover or receivership.”</p>
<p>The plaintiffs are taking a similar approach with Giuliani’s grandfather’s watch.</p>
<p>“As a gesture of good faith, Plaintiffs are prepared to recognize that exemption with respect to Mr. Giuliani’s grandfather’s watch, if he is able to produce satisfactory evidence showing that the watch”s value does not exceed the $1,000 exemption limit,” the filing said. “If ongoing negotiations do not resolve this issue, the Court should order that the watch be taken into receivership pending Mr. Giuliani’s production of such satisfactory evidence of value.”</p>
<p>Could all of this largely end up being much ado about nothing? In the words of the plaintiffs, maybe [emphasis ours]:</p>
<blockquote>
<p>On October 15, 2024, Plaintiffs filed a consent letter motion, apprising the Court that <strong>Plaintiffs and Defendant are discussing a proposal that may, if successful, moot any remaining disputes</strong> raised in Defendant’s opposition to the Motion to Enforce Judgment. Those negotiations are ongoing, and by filing their reply brief today, Plaintiffs do not intend to convey to the Court that the negotiations referred to in their prior letter-motion have concluded without success; instead, Plaintiffs have filed their reply brief in support of the Motion to Enforce Judgment consistent with the Court’s deadline of October 19, 2024. <strong>Plaintiffs will file a status report by the end of the day on October 22, 2024, updating the Court of the status of those negotiations</strong>.</p>
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<p>Giuliani’s camp <a href="https://lawandcrime.com/high-profile/the-end-of-the-line-defamed-2020-election-workers-go-to-court-to-collect-rudy-giulianis-property-even-what-hes-owed-in-trump-legal-fees/" target="_blank" rel="noopener">has said</a> that the judgment enforcement action was designed to “censor and bully” him and to “harass and intimidate” from exercising his First Amendment rights.</p>
<p>Read the reply in support of enforcing the judgment <a href="https://s3.documentcloud.org/documents/25244685/freeman-v-rudy-giuliani.pdf" target="_blank" rel="noopener">here</a>.</p>
<p><em>Have a tip we should know? <a href="http://lawandcrime.com/cdn-cgi/l/email-protection#84f0edf4f7c4e8e5f3e5eae0e7f6ede9e1aae7ebe9"><span class="__cf_email__" data-cfemail="cfbba6bfbc8fa3aeb8aea1abacbda6a2aae1aca0a2">[email protected]</span></a></em></p>
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