Long Arm of the Law

Dear Readers, Everyone understands there are consequences for violations of criminal laws. There is a disturbing social aroma with a hint of relativism or disregard of them, especially when it comes to our national security. Notwithstanding our seeming disrespect for criminal laws, there is a lesson to be learned from some of the same impulses to our civil laws.

Conviction on criminal charges, particularly felonies, is life altering. We know this. The same can be true for someone caught up in civil litigation. For the rich, someone like Donald Trump, laws can be a plaything and tool to bully the less wealthy – he has sued and been sued hundreds of times. When you have money, you can wait out your opponent using a “rope a dope” legal strategy.

Donald Trump’s financial empire is teetering because this does not work against the State of New York, or litigation funded by hedge funds like E. Jean Carroll. In some ways, he has met his match on multiple civil fronts. Cynically, he raises money from donors to pay his legal fees.

His fall from grace is predictable. More interesting is how civil litigation is destroying the lives of those he touches. Kind of reverse “Midas Touch.” In particular, I am thinking about people like Rudy Giuliani and the “Pillow Guy,” Michael Lindell. For them, civil litigation is stripping them of wealth.

Unlike criminal cases, you win a civil lawsuit by proving your claim is “more likely than not” or “fifty percent plus one.” This is a lenient burden of proof, although in most instances, the jury’s verdict must be unanimous.

This can make navigating in civil legal waters treacherous. Unlike in a criminal case, a “hung” jury (one unable to reach a verdict) is not a de facto defense verdict, as the plaintiff’s case lives to survive another day. Many a case settles because, even though the claim may seam “iffy,” defending can be expensive and losing devastating. Settlement becomes a cost benefit analysis.

Giuliani and Lindell are accused of defaming and harming citizens and companies with false statements about a rigged election. There is a “feeling” of some that the 2020 Presidential Election was stolen. This emotion lacks factual support – and, facts matter in a court of law. The “strategy” to rile up a certain segment of the public may be political manna, but it is a courtroom stink bomb.

In spreading these lies, innocent lives were disrupted. Ruby Freeman and Shaye Moss were just doing their jobs as election workers. They were falsely identified out as examples of fraud purveyors, forcing them into hiding. They are among those suing for the indignity of being an unwanted target of lies; if proven this is a violation of civil law and money damages are awarded in compensation.

The consequences of just such an award may be just as devastating as losing a criminal trial. Each of these gentleman are teetering on financial ruin, each has been fired by their attorneys for not paying their legal fees, each is finding that lies spread in public, can be legal poison in the courtroom.

There is an element of Shakespearean tragedy to their tales. Both Rudy Giuliani and Mike Lindell led seemingly successful lives, assembling great wealth, Mr. Giuliani once a credible candidate for President in the glow of his “America’s Mayor” moniker post-911. Their fall must be unimaginable.

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami. Owner of Rockefeller Law Center, Jim has been in private practice since 2000. E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.

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