June 16, 2022
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4:34Now PlayingRudy Giuliani has filed a countersuit against Smartmatic, arguing that they owe him legal fees for their defamation lawsuit against him and others. This is actually typical in lawsuits like this, but it is unlikely that Rudy will have any success with his countersuit, mostly because the case hasn't even gone to trial yet (they are still in the discovery process!) Farron Cousins explains why Giuliani is likely to fail, as usual, in his efforts.
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*This transcript was auto-generated. Please excuse any typos.
On Monday of this week, Rudy Giuliani, in addition to being allegedly drunk at the, uh, white house while telling Trump to deny the election results, uh, he also filed a countersuit against the smart, mad voting software company, because he wants to recoup his legal fees for the defamation suit that smart Matt filed against him and Fox news and Fox news hosts and a bunch of other folks. So Rudy Giuliani, in a case that of course has not yet even gone to trial. It's literally still in the discovery phase is already saying this whole thing is so bogus that you gotta pay me back. I'm not even done with my legal fees yet, but I am asking the court to demand that you pay me back, cuz I'm suing you because you sued me now. Believe it or not, this is actually not uncommon in defamation cases.
Uh, there's something called slap lawsuits, S L a P P of course it is an acronym and people use these slap lawsuits when they get hit with defamation lawsuits to Sue the party, suing them, claiming that, Hey, they got no claims. They're just trying to shut me up and stifle my freedom of speech. And that of course is what Juliani is claiming in his lawsuit. You know, Hey, I did nothing wrong. They're just trying to make it to where I don't have my freedom of speech anymore. Yeah, you got freedom of speech, but you don't have freedom from liable, slander and defamation. I that's that that's literally one of the very few limits we have on freedom of speech here in the United States. And that's what you're being sued for. Now. If this thing were, of course, to go to trial and Giuliani were to prevail, which ain't gonna happen then would be the time to hit them with the slap suit.
Right? A lot of times what happens with these slap suits by the way is if it's a case between two kind of minor parties, you will have the slap suit filed before the case comes to a, a conclusion, uh, basically they'll file the slap suit in an attempt to get you to drop the defamation suit. That is the way this typically happens. I've seen it over and over and over again through my line of work, not to mention the, the law firms that I have worked with over the years, it's very common and it is used basically to shut down a lawsuit because it's, you know, has no merit. This one has merit. And the thing is, we know this one has merit because the judges have already ruled that it does. In fact have merit. They have said there is reasonable enough evidence to show that the parties involved should have known or should have had the knowledge that what they were saying about smart medic wasn't are saying about smart madic was in fact false. So of course that is not a final ruling in the case, but that is what the judges have determined. When these parties,
Fox news specifically have tried to get them dismissed. The judges have already looked at it and said, nah, there's ample evidence here, guys. You guys are gonna face this. You're not wiggling your way out of this. And Fox news of course has a wonderful history of being able to wiggle out of defamation lawsuits, but they haven't been able to get out of this one. So it kind of blows my mind a little bit for Rudy Giuliani, who as incompetent as he is to think that he can get out of it when even Fox news hasn't been successful in doing that. But it is what it is right in the coming weeks. We will probably learn more about Rudy Giuliani's little slap suit against smart mattock. It'll probably get struck down in courts. It'll be dismissed. He'll appeal it. And we'll go through that whole RGA Maro.
But at the end of the day, Giuliani made false claims about smart Maddock. We all watched the press conference. Of course it was the one where his hair was melting down his face. We heard you say it, then you went on Fox news and you said the same thing. And now you got Fox news suit. As a result of that, you're not gonna wriggle your way out of this one, the lawsuit's coming and you can try to delay it all you want with this slap suit. But in the end, that's just gonna cost you more legal fees that you're never gonna get back.
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