Former New York Mayor Rudy Giuliani is expected at a court hearing in New York Friday about whether he should be found in contempt of court, an appearance the longtime ally of President-elect Donald Trump sought to skip at the last minute.
Giuliani’s attorney asked the judge in a letter Thursday whether his client could appear remotely because he is “having medical issues with his left knee and breathing problems due to lung issues discovered last year” attributable to his presence at the World Trade Center site in the aftermath of the 9/11 attacks.
U.S. District Judge Lewis Liman indicated he was skeptical of the 11th-hour request, noting that Giuliani “does not assert he is unable to travel,” that he submitted “no medical evidence” and that he didn’t follow proper procedure for such a request.
“He has presented no evidence why for this hearing, where the Court has been asked to hold him in contempt, where his credibility has been called into question, and where Plaintiffs have asked for an opportunity to cross-examine him in person, he should be permitted to deny Plaintiffs that opportunity and to appear remotely,” Liman wrote.
He didn’t order Giuliani to attend the hearing, but he warned him he couldn’t use his recent sworn declarations and deposition transcript as part of his defense at the hearing if he doesn’t.
“Defendant cannot ask the Court both to consider his out-of-court signed declarations and to deprive Plaintiffs of the opportunity to cross-examine him on his statements in open court,” Liman wrote in a ruling late Thursday.
