Trump’s former lawyer, Rudy Giuliani, faces a fine of up to $43 million in a defamation trial that began on Monday, but he may have gotten himself into bigger legal trouble after doubling down on his disparaging statements in comments to reporters outside the courtroom.
Key Facts
Giuliani is on trial for making disparaging statements against Georgia election workers Ruby Freeman and Wandrea “Shaye” Moss, as Giuliani spread false conspiracy theories linking the workers to fraud in the 2020 general election.
The lawyer’s liability for defamation has already been established — the trial will determine the amount he must pay in damages — and he has admitted to making disparaging remarks in a pre-trial court filing, where his attorney Joe Sibley stated in court on Monday that Freeman and Moss are “good people” who were clearly harmed by Giuliani’s statements.
What to Watch For
The trial, which began on Monday, is expected to last only four days and conclude by the end of the week. It is unclear when Giuliani will testify in court, although he is expected to do so. The case is a civil matter, meaning Giuliani faces only the possibility of paying monetary damages and does not face any criminal charges for the statements he made about the election workers. Freeman and Moss are seeking between $15.5 million and $43 million in damages from Giuliani — although Giuliani is facing financial issues according to reports amid his legal troubles — and Sibley said on Monday that paying this amount would mean “the death penalty” for the former mayor. His attorney claimed in court that paying the amount sought by the plaintiffs “would be the end of Mr. Giuliani.”
Background
Freeman and Moss filed a lawsuit against Giuliani in December 2021 over his remarks regarding the election workers, which included false accusations that the women were attempting to “rig” the election in favor of President Joe Biden and that they were filmed passing USB drives which Giuliani claimed were evidence of election fraud. (Moss stated that they were sharing gingerbread cookies.) The plaintiffs allege that Giuliani’s statements and efforts to spread the conspiracy theory caused them significant harm and emotional distress, with Moss testifying on Tuesday that when she learned of the false claims made against her, “everything turned upside down.” Moss stated, “It’s hurtful. It’s not true and it’s unfair.” Judge Howell found Giuliani liable for defamation in August and ruled against him in a pretrial ruling as a sanction for refusing to produce evidence in the case. Despite Giuliani admitting in court filings that he made disparaging statements against the election workers, he claimed he still did not commit defamation — a legal argument that Judge Howell ruled was “more full of holes than Swiss cheese” — and his spokesperson Ted Goodman told Forbes in August that the case “is part of a larger effort to tarnish and silence Mayor Giuliani for his courage in asking questions and challenging the accepted narrative.”
Sidebar
The Georgia election case is part of a series of legal consequences Giuliani faces due to his work as a lawyer for the Trump campaign in its efforts to overturn the 2020 general election. Giuliani is also facing a defamation lawsuit from the voting machine companies Smartmatic and Dominion Voting Systems, his law license has been suspended — and could be permanently revoked — and he faces criminal charges in Georgia for his post-election activities in that state. (He has not acknowledged the charges.)
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