• Ex-Trump attorney Rudy Giuliani risks being held in contempt in federal court in Manhattan.
• Two GA election workers said he repeatedly ignored court orders in their federal defamation case.
• If he's found in contempt, Trump could not issue a pardon or commute his sentence.

Rudy Giuliani took the witness stand in federal court in New York on Friday, battling a potential contempt-of-court finding sought by two Georgia election workers — and Donald Trump can't come to his rescue if he loses.

If a judge decides Giuliani has flouted court orders by failing to turn over assets and evidence in the three-year-old defamation case, he could fine Giuliani or send him to jail until he complies.

The federal pardon and commutation powers Trump regains on his return to the White House next month do not extend to civil contempt sentences.

According to experts in constitutional law and federal pardons, Giuliani would not be able to rely on his former client to save him from jail or fines.

"Generally criminal contempt is within the power of the president, but civil contempt is not," said Margaret Love, a lawyer who served as the Justice Department pardon attorney in the 1990s.

Giuliani was combative on the stand on Friday, at a daylong contempt-of-court hearing overseen by US District Judge Lewis Liman in a courthouse in downtown Manhattan.

The hearing, which will continue next week, is part of a suite of civil cases brought by mother-daughter Georgia election workers Ruby Freeman and Wandrea "Shaye" Moss.

"This is monstrously overbroad," Giuliani complained of Moss-Freeman asset-document requests during questioning at one point on Friday. "It's abusive and overbroad."

A federal judge in Washington, DC, found in 2023 that Giuliani defamed the pair — and subjected them to a barrage of racist death threats — by repeatedly and falsely accusing them of voter fraud, including by lying that they had tallied suitcases full of illegal ballots for Joe Biden.

In December 2023, a jury ordered Giuliani to pay Freeman and Moss $148 million. In recent weeks, the two plaintiffs have sought to have him held in contempt in DC and in Manhattan to force him to comply with judges' demands that he cease defaming them and turn over assets and evidence as ordered.

The contempt hearing is scheduled to continue Monday morning.

Giuliani's defense has focused on his recent switch of lawyers from Kenneth Caruso, an experienced New York-based attorney he has known for nearly 50 years, to Joseph Cammarata, best known for representing a woman who accused former President Bill Clinton of sexual misconduct.

Giuliani swapped lawyers sometime in November. Giuliani said that changing attorneys had made it a challenge to meet deadlines — an excuse that the pair's lawyers did not accept.

Cammarata said in court Friday that his client has completed "substantial compliance" with his obligations and should not be held in contempt.

He said that Giuliani, who is 80 years old, has struggled to deal with an avalanche of legal proceedings against him, including criminal investigations. Prosecutors in Arizona and Georgia have brought cases against Giuliani over his attempts to overturn the results of the 2020 presidential election on behalf of Donald Trump.

"Mayor Giuliani, as this court knows, has multiple litigations going on in multiple states, both civil and criminal in nature," Cammarata said.

Giuliani took the stand — struggling up a step by the podium — after the court's lunch break. At the beginning of the break, he complained to Jane Rosenberg, a courtroom artist, about how she depicted him in one of her pastel drawings.

"You made me look like my dog," he told her, Rosenberg said.

Giuliani was cross-examined by Meryl Conant Governski, an attorney representing Freeman and Moss, about two sworn declarations he had submitted to the court saying that he's abided by all of the judge's orders and provided proper responses to information requests and interrogatories.

He said that the turnaround time required for discovery requests was "unusually short" even though his previous attorney, Caruso, had agreed to the 14-day response deadlines.

In the morning, Cammarata cross-examined Aaron Nathan, an attorney representing Freeman and Moss, over how he determined whether the former New York mayor had failed to account for his property. Many of the questions concerned Giuliani's framed Joe DiMaggio jersey that once hung over the fireplace in his Manhattan apartment.

When Nathan gained access to the apartment in October and searched the residence, it was gone.

"This jersey has been at the forefront of the case," Cammarata said in one heated moment. "There have been accusations that my client absconded with the jersey. And that is not the case."

Cammarata, in winding and plodding cross-examination, pointed out that the photo of the jersey in the apartment was taken in the summer of 2023, and time had passed before Nathan went into the apartment and saw the location himself.

"Your honor, if I may, I want to take his testimony about the passage of time," Cammarata objected after the judge cut off his questioning on the subject.

The day before Friday's hearing, Giuliani asked for permission to attend virtually, due to "medical issues with his left knee and breathing problems due to lung issues discovered last year," as his lawyer, explained it in a letter to the judge.

The breathing problems are "attributable to Defendant Rudolph W. Giuliani being at the World Trade Center site on September 11, 2001," Cammarata wrote.

Giuliani attended in person after the judge warned he'd otherwise be barred from testifying on his own behalf.

Should Giuliani be found in contempt, "the executive pardon power would not extend to a civil contempt sentence," even in a federal court, said former federal prosecutor Ephraim Savitt.

That's because Giuliani's jailing wouldn't be a punishment for a past infraction — instead, it would be a remedial sentence, meant to force his compliance with the judge's orders.

"Civil contempt sentences are essentially open-ended," meaning Giuliani could only be freed once he had complied, said Savitt.

"It's a means of coercing a party to take some action, to compel compliance," said Michel Paradis, who teaches constitutional law at Columbia Law School.

"So long as Giuliani has the keys to his own cell, and can be freed by simply complying with the judge's order, then there is no crime to be pardoned or punishment to be reprieved," he added.

• An appeals court upheld a jury verdict finding Donald Trump liable for sexually abusing E. Jean Carroll.
• He owes her $5 million in damages for sexual abuse and defamation — but plans to keep appealing.
• Trump is also appealing a separate jury verdict for an additional $83.3 million in defamation damages.

A federal appeals court on Monday upheld a verdict finding Donald Trump liable for sexually abusing and defaming writer E. Jean Carroll, starting a 30-day clock for her to receive the $5 million jury award, plus interest.

In an exhaustive, 77-page opinion, the US Second Circuit Court of Appeals rejected all of the legal arguments brought by Trump in seeking to overturn the May 2023 trial verdict.

But Carroll, now 81 years old, shouldn't hold her breath. A spokesperson for Trump told Business Insider the president-elect plans to keep appealing the verdict.

The appeal could keep the cash frozen well into next year, at least, legal experts told BI.

In the year and a half since the jury verdict, the $5 million Trump owes Carroll — plus $500,000 to cover interest — has been sitting in an interest-bearing bank account controlled by the federal trial court.

If Trump does not file a further appeal in the next 30 days, the court will automatically transfer that $5.5 million and any further interest directly to Carroll and her attorneys, said Nick Newton, a former president of the National Association of Surety Bond Producers.

"Both E. Jean Carroll and I are gratified by today's decision," Carroll's attorney Roberta Kaplan told Business Insider in a statement. "We thank the Second Circuit for its careful consideration of the parties' arguments."

A spokesperson for Trump called Carroll's claims a "hoax" and said he would continue to appeal.

"The American People have re-elected President Trump with an overwhelming mandate, and they demand an immediate end to the political weaponization of our justice system and a swift dismissal of all of the Witch Hunts, including the Democrat-funded Carroll Hoax, which will continue to be appealed," Steven Cheung told BI in an email. "We look forward to uniting our country in the new administration as President Trump makes America great again."

Trump's options for further appeals are two-fold, according to Michel Paradis, who teaches constitutional law at Columbia Law School. The funds would remain frozen until the appeals are exhausted, meaning that Carroll would need to wait longer before getting any of the jury's awards.

The president-elect can first seek an en banc review, meaning a review of Monday's three-judge decision by all 13 active judges on the Second Circuit, plus Senior Judge Denny Chin, Paradis said.

After that option, Trump could take his appeal to the US Supreme Court.

Winning — or even being considered — for en banc is a high bar, Paradis said. Trump would have to explain to the full Second Circuit why the issues are so important, and the three-judge panel's decision is so profoundly wrong that it needs to be overturned.

"In a case like this, it could take a few months" for the full panel to consider Trump's petition and any response they allow from Carroll's side, and then vote on whether to hear the case, he said.

"In this appeal, there were only basic legal questions in dispute, meaning how the law was applied, and the three-judge panel's review was limited to looking for an abuse of discretion," Paridis said.

Trump will seek review from the US Supreme Court next, Paradis predicted. The president-elect selected three of the nine justices in his first term. He could place more justices on the bench by the time oral arguments would take place.

The president-elect would first have to ask the high court to hear his appeal, and that process could keep the Carroll judgment frozen well into next year, he said.

"SCOTUS would likely not decide to hear the case until the end of next September at the earliest," he said.

It's not clear who will be on Trump's legal team if he continues to appeal the case.

John Sauer, who presented the oral argument before the Second Circuit, was designated by Trump to serve as the Justice Department Solicitor General in his next presidential term. Other attorneys who worked on the case, including Todd Blanche, Emil Bove, and Alina Habba, are set to serve other posts in the Justice Department or the White House.

Monday's decision is for one of two separate civil lawsuits E. Jean Carroll brought against Trump.

The second trial took place in January 2024, and concerned additional defamation damages over Trump disparaging Carroll and calling her a liar.

The jury in that case awarded Carroll $83.3 million. Trump is appealing that case, too, with a process that is running on a separate track.

Monday's appellate court decision largely focused on whether it was appropriate for US District Judge Lewis Kaplan, the trial judge, to allow certain types of evidence to be seen by the jurors who held Trump liable for sexually abusing Carroll.

Trump's lawyers argued Kaplan should not have shown jurors the "Access Hollywood" tape, where Trump bragged about grabbing women by the genitals.

"The jury could have reasonably concluded from those statements that, in the past, Mr. Trump had kissed women without their consent and then proceeded to touch their genitalia," they wrote.

Trump's attorneys had also argued it was inappropriate to allow testimony from Natasha Stoynoff and Jessica Leeds, two other women who had accused Trump of sexual misconduct. The Second Circuit judges agreed with Kaplan, ruling that their stories helped establish a pattern of conduct from Trump.

"The jury could reasonably infer from Ms. Stoynoff's testimony and the Access Hollywood tape that Mr. Trump engaged in similar conduct with other women — a pattern of abrupt, nonconsensual, and physical advances on women he barely knew," the judges wrote.

• Luigi Mangione has been indicted in New York on a first-degree murder charge.
• Prosecutors say Mangione killed UnitedHealthcare CEO Brian Thompson "in furtherance of terrorism."
• Mangione's mother said killing Thompson was "something that she could see him doing," police said.

A Manhattan grand jury indicted Luigi Mangione on charges of first-degree murder, with prosecutors alleging he killed UnitedHealthcare CEO Brian Thompson "in furtherance of terrorism."

Prosecutors have also accused Mangione of second-degree murder, as well as a slew of counts related to the possession of an illegal "ghost gun" made from 3D-printed parts.

Following a five-day manhunt, Mangione was arrested last week at a restaurant in Altoona, Pennsylvania, on gun and false ID charges.

Police say he killed Thompson outside a midtown Manhattan hotel on December 4.

"This killing was intended to invoke terror," Manhattan District Attorney Alvin Bragg said at a press conference Tuesday afternoon, calling it a"brazen, targeted and premeditated shooting."

Prosecutors offered a detailed look at Mangione's movements Tuesday. They say he stayed at an Upper West Side hostel for more than a week, using a fake New Jersey ID, before carrying out the killing.

According to prosecutors, two of the shell casings for the bullets that killed Thompson had the words "DENY" and "DEPOSE" written on them. The word "DELAY" was written on a bullet found at the scene.

An arrest warrant previously obtained by Business Insider indicated that Mangione would be charged with second-degree murder along with four other charges related to illegal weapon possession. The first-degree murder charge reflects a more severe charge.

If Mangione, 26, is convicted of the first-degree murder charge, he could spend the rest of his life in prison without parole. The charge, with the intent to commit terrorism, refers to a killing that is "intended to intimidate or coerce a civilian population" or "influence the policies of a unit of government by intimidation or coercion," according to the indictment.

Mangione has not yet entered a plea for any of the charges against him.

Even the minimum required sentence for first-degree murder, 25 to life, would mean Mangione would not see a parole officer until age 51.

The top charge could become a bargaining chip for Bragg, former Manhattan prosecutor Michael Bachner, who is now in private practice, told BI.

"Given the risk now of a maximum sentence of life without the possibility parole, that top terrorism count may induce the defendant to enter a plea, if one is offered," he said.

Jessica Tisch, the New York City police commissioner, lambasted the "ghoulish" online discourse valorizing Mangione for killing Thompson.

"Let me say this plainly — there is no heroism in what Luigi Mangione did," she said.

A Pennsylvania-based attorney for Mangione, an Ivy League graduate, has contested Mangione's extradition to Manhattan. At Tuesday's press conference, Bragg said he believed Mangione may change tack court proceedings Thursday and stop fighting extradition.

Over the weekend, Mangione hired Karen Friedman Agnifilo, an experienced New York-based criminal defense attorney who is married to and shares a law firm with Marc Agnifilo. Marc Agnifilo is representing Sean "Diddy" Combs in his criminal sex-trafficking case.

In an interview with CNN prior to taking on Mangione as a client, Friedman Agnifilio said the evidence was "overwhelming" that Mangione killed Thompson.

"It looks like to me there might be a 'not guilty by reason of insanity' defense that they're going to be thinking about because the evidence is going to be so overwhelming that he did what he did," she said.

Mangione left a robust online trail that went cold about six months before Thompson's killing. His mother filed a missing persons report in San Francisco in November, saying he had disappeared.

At Tuesday's press conference, Joe Kenny, the New York Police Department's chief of detectives, said the FBI contacted Mangione's mother on December 7, following a tip.

"She didn't indicate that it was her son in the photograph, but she said it might be something that she could see him doing," Kenny said.