Closing summary
The first witness is now off the stand and jurors have been dismissed for the day. We’re now closing the blog but here is a recap of what happened today:
The federal trial to determine how much Rudy Giuliani will pay in damages began on Monday. Giuliani was found liable for defamation for false comments he made about two Georgia election workers after the 2020 election.
Eight jurors were seated in Giuliani’s defamation case. Jurors were asked several questions, including, “Do you believe that Joseph R Biden’s election as president of the United States in 2020 was illegitimate?” and “Have you ever used the phrase “Let’s Go Brandon” or the term or hashtag “WWG1WGA”?
Giuliani knowingly spread lies about two Atlanta election workers as “as a cornerstone of a call to action” to overturn the 2020 election, Von DuBose, a lawyer representing Ruby Freeman and Shaye Moss said in his opening statement on Monday. He also said the case was about “names that have been disgraced”.
The plaintiffs have asked for damages between $15m and $43m. Giuliani’s attorney said awarding them this level of payout would be like the “death penalty” for his client. He added that “it will be the end of Mr Giuliani”.
Special counsel prosecutors asked the US supreme court on Monday to make an expedited decision on if Donald Trump can be criminally prosecuted on federal charges over his efforts to overturn the 2020 presidential election results.
Opening statements in Giuliani’s defamation case were heard today. The lawyer for the claimants argued that the case was ‘about names that have been disgraced’. Meanwhile, Giuliani’s lawyers argued that awarding tens of millions of dollars in damages for defamation would be a “death penalty” for the ex-Trump lawyer.
You can read our latest full report on Giuliani’s trial here:
And here’s our latest on Trump’s federal election interference case:
Thank you for reading! See you for more updates tomorrow.
Joseph Sibley, Giuliani’s lawyer is pressing Regina Scott on the specific qualifications she and her firm have to put together a report assessing online threats against Ruby Freeman and Shaye Moss.
The purpose of his questioning appears to undermine analyses her firm did on the volume of threats Freeman and Moss faced after the 2020 election.
US district judge Beryl Howell has been patient with Sibley so far, but appears to be losing some of her tolerance. The first day of the trial is scheduled to wrap up in about 20 minutes.
Why is the case taking place in a Washington DC courtroom?
Lawyers for Freeman and Moss filed the case in Washington DC because it involves a dispute between citizens of different states and because Giuliani “made defamatory statements that were produced and published in the District of Columbia”. The decision to hold the case in Washington DC is also of strategic advantage to Moss and Freeman because the jury pool is extremely unlikely to be friendly to Trump (the city voted for Biden 93-5 in 2020). Giuliani is likely to use that context to assail any adverse verdict in the case.
Why is this case important?
The harassment of Freeman and Moss represents the best example of the human consequences of the lies Giuliani and other Trump allies spread after the election. Their lies have fueled a deep-seated distrust of American elections and prompted a wave of harassment since 2020 against election officials and workers – many of whom are leaving the profession. The trial offers a chance for two of the most prominent victims of election denialism to confront one of its biggest propagators.
Second, the case offers another significant attempt to hold a key actor accountable for spreading lies about the 2020 election. It is part of a suite of efforts, including the criminal charges Giuliani and others face in Georgia and the $787m settlement between Fox and the voting machine equipment vendor Dominion, seeking to bring consequences to those who told election lies.
Security expert Regina Scott called as first witness
Regina Scott, a security expert with the firm Jensen Hughes, is up as the first witness in the defamation case seeking up to $43m from former New York City mayor Rudy Giuliani after he defamed two Atlanta election workers.
Scott has monitored online threats and overseen the team handling security for Moss and Freeman. She is slated to testify about social media monitoring and negative commentary about Moss and Freeman since November of last year. She is currently being questioned by Von DuBose, one of Freeman and Moss’s lawyers.
Updated
Read more on Giuliani’s financial troubles as the trial to decide the amount he will pay in damages continues, from ABC News.
A deluge of civil and criminal lawsuits has left Giuliani experiencing what his attorney called “financial difficulties.”
The twin threats of potential legal exposure and an apparent depletion of resources could continue to compound in the months and perhaps years ahead, as the onetime attorney to former President Donald Trump battles the fallout from his activities in the wake of the 2020 presidential election.
Next week, a Washington, D.C.-based jury will determine what penalties Giuliani will owe a pair of Georgia election workers he was found to have defamed. He is already on the hook for some $230,000, and the election workers are seeking between $15 million and $43 million at trial.
Giuliani stands to owe millions more if he loses cases brought by two voting machine companies and his own longtime personal attorney, and he faces an unrelated sexual harassment suit for $10 million from a former business associate.
In October, President Joe Biden’s son Hunter Biden also sued Giuliani for unspecified damages, accusing him of mishandling personal data belonging to him.
Read the full article here.
Giuliani spread lies about Atlanta election workers as 'cornerstone of call to action' to overturn election, DuBose says
Rudy Giuliani knowingly spread lies about two Atlanta election workers as “as a cornerstone of a call to action” to overturn the 2020 election, Von DuBose, a lawyer representing the women said in his opening statement on Monday.
Shortly after beginning his argument, DuBose played vile text messages Ruby Freeman and Shaye Moss received after the 2020 election, which included death threats, racial slurs and wishes that the two women would go to jail. DuBose and the other lawyers for the two women are seeking to convince an eight-person jury that they should award Freeman and Moss anywhere between $15.5m and $43m in damages.
Previewing the evidence, he said jurors can expect to hear from Freeman about how people started showing up at her home in the middle of the night and ringing the doorbell and how she fled for her safety.
“The home she had lived in for more than 20 years – put her home on the market and left. Went to a place where no one could trace her name,” he said.
And he said Moss would detail she humiliation she felt as she looked for a new job.
She will testify about a job interview at the fast-food restaurant Chick-fil-A where an interviewer pulled up an article about Moss accusing her of election fraud and asked if it was her. Moss, he said, put down her head and walked out.
Updated
Giuliani's lawyer says awarding up to $43m in damages would be 'death penalty' for client
More from the Guardian’s Sam Levine on opening statement from Giuliani’s lawyer.
A jury decision awarding tens of millions of dollars in damages for defamation would be a “death penalty” for Rudy Giuliani, his lawyer said during opening statements in a trial that got underway Monday.
Ruby Freeman and Shaye Moss are seeking between $15m and $43m in compensatory and punitive damages after Giuliani made false statements about them after the 2020 election. “If you award them what they are asking for, it will be the end of Mr Giuliani,” Joseph Sibley, Giuliani’s attorney said. Giuliani’s financial difficulties amid mounting legal troubles have been widely reported.
He acknowledged during his statement that Moss and Freeman were harmed and didn’t deserve the vile harassment they suffered after the 2020 election. But, he said, Giuliani was not directly responsible for it.
Updated
Giuliani’s lawyer is now delivering opening statements, arguing that awarding Freeman and Moss damages would be the “end” of Giuliani.
The plaintiffs are asking the jury to set damages between $15m and $43.5m as punishment for Giuliani’s “outrageous conduct”.
From the Guardian’s Sam Levine.
New: Rudy Giuliani's lawyer says in opening statement that awarding plaintiffs damages sought in defamation case would be the "death penalty" for the former NYC mayor. "If you award them what they are asking for, it will be the end of Mr. Giuliani," he said.
— Sam Levine (@srl) December 11, 2023
Updated
The Guardian’s Sam Levine recapped a brief conversation he had with Giuliani, as the trial to decide the damages amount continues.
I briefly spoke with Rudy Giuliani after a lunch break in the proceedings. I asked him what it was like to be in the courtroom with Ruby Freeman and Shaye Moss, who have described the horrific harassment they endured after he made false statements about them in 2020.
Giuliani declined to comment, but said his team had a few surprises for the week long trial.
Spoke briefly with Mayor Giuliani in the courtroom hallway and asked him how he was feeling about the defamation case. He declined to comment but said “we have a few surprises for them”
— Sam Levine (@srl) December 11, 2023
He spent lunch in the center of the cafeteria in the federal courthouse here with his spokesman, Ted Goodman, and his lawyer, Joseph Sibley.
In opening statements, lawyers for Freeman and Moss played vile voicemails the women received following Giuliani’s defamatory statements.
The voicemails included racial slurs and threats to burn down Freeman’s business.
From the Guardian’s Sam Levine:
Attorneys for Ruby Freeman and Shaye Moss begin opening statements to the jury by playing vile voicemails the women received after 2020 election, including racial slurs, threats to burn down Freeman's store, and warning them they were going to jail.
— Sam Levine (@srl) December 11, 2023
Rudy Giuliani case is 'about names that have been disgraced', says lawyer for claimants
Opening statements in Rudy Giuliani’s damages trial have started.
The weeklong trial will decide the amount of damages he will pay after being found liable for defamation.
From the Guardian’s Sam Levine:
“What’s in a name? Power purpose pride,” Von DuBose, a lawyer representing Freeman and Moss opened his statements. “It’s about names that have been disgraced…two names in particular. Ruby Freeman and Shaye Moss. It’s about what their names mean today versus before Mr. Giuliani engaged in the conduct at issue in this case.”
Updated
Here is a link to Smith’s petition to the supreme court, from the Guardian’s Hugo Lowell:
BREAKING: Special Counsel asks Supreme Court for an expedited decision on the presidential immunity claim Trump has advanced in the federal 2020 election case https://t.co/aHdNThvciE pic.twitter.com/YfDgeaxWUj
— Hugo Lowell (@hugolowell) December 11, 2023
Updated
The earliest the supreme court could decide on Smith’s petition over Trump’s immunity claim would be 5 January, the Associated Press reports.
Here’s more from AP:
The earliest court would consider the appeal would be Jan. 5, the date of the justices’ next scheduled private conference.
Underscoring the urgency for prosecutors in securing a quick resolution that can push the case forward, they wrote: “It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.”
Updated
The move from Jack Smith, the special counsel, comes after the prosecutor warned that Trump’s trial could be indefinitely delayed as Trump claims he is immune from prosecution, Politico reports.
Smith wrote in court documents that Trump’s appeal to lower courts on immunity question would suspend his trial, scheduled for 4 March.
In a 14-page petition to the court, Smith wrote: “The United States recognizes that this is an extraordinary request. This is an extraordinary case”.
Updated
The latest update comes as after a federal judge rejected Trump’s claims on Friday that he should receive immunity for actions he did while still president.
Judge Tanya Chutkan simultaneously denied two motions from Tump for dismissal, which set the possibility for Trump to appeal the decision with the DC circuit court and, later, the US supreme court.
Prosecutors are asking the supreme court to decide on the question in order to get an expedited decision on the legal matter.
Updated
Supreme court asked to rule on Trump immunity claim for federal election case
Special counsel prosecutors asked the US supreme court on Monday to make an expedited decision on whether Donald Trump can be criminally prosecuted on federal charges over his efforts to overturn the results of the 2020 presidential election.
The move comes after the federal judge overseeing the case rejected Trump’s arguments that he has absolute immunity from prosecution for acts that occurred while he was president.
Trump challenged the ruling to the DC circuit, but special counsel Jack Smith is now attempting to bypass the appeals court completely by asking the nation’s highest court to decide the matter.
BREAKING: Special Counsel asks Supreme Court for an expedited decision on the presidential immunity claim Trump has advanced in the federal 2020 election case https://t.co/aHdNThvciE pic.twitter.com/YfDgeaxWUj
— Hugo Lowell (@hugolowell) December 11, 2023
Updated
Eight jurors seated in Giuliani defamation case
My colleague Sam Levine is at the trial and reports that eight jurors have now been seated in the case.
They will have to determine how much Giuliani should pay in damages to two Atlanta election workers he defamed after the 2020 election:
The jury (8 jurors) have been seated in a Washington DC defamation case to determine how much in damages Rudy Giuliani should pay to two Atlanta election workers he defamed after the 2020 election
— Sam Levine (@srl) December 11, 2023
According to Politico reporter Josh Gerstein, opening arguments are set for 1.30pm ET:
UPDATE: 8-person jury seated in Giuliani defamation trial. Openings expected at 130PM
— Josh Gerstein (@joshgerstein) December 11, 2023
Updated
Here is footage of Giuliani arriving for the defamation trial this morning:
Rudy Giuliani enters a Washington, D.C. courthouse as jury selection begins in his defamation trial. pic.twitter.com/fVsrjpm35I
— The Recount (@therecount) December 11, 2023
The Department of Justice announced today that a 30-year-old New Hampshire man was arrested after threatening to kill attendees at a campaign event for Vivek Ramaswamy.
From CBS News’ Shawna Mizelle:
The DOJ on Monday announced the arrest of a 30 y/o Dover man who allegedly threatened to blow the brains out of a presidential candidate at a Portsmouth event and to "kill everyone who attends."
— Shawna Mizelle (@shawnamizelle) December 11, 2023
Vivek Ramaswamy's campaign confirms he was the subject of the threats.
A spokesperson for Ramaswamy’s campaign thanked law enforcement for their actions on the matter, and confirmed that there would be extra security at the event, in a statement to CBS.
“We are grateful to law enforcement for their swiftness and professionalism in handling this matter and pray for the safety of all Americans,” they said to CBS.
The Air Force has disciplined 15 personnel members over the leaking of classified information from Air National Guardsman Jack Teixeira, Reuters reported.
From Reuters:
Prosecutors say Teixeira, who was 21 at the time of his arrest in June, leaked classified documents to a group of gamers on the messaging app Discord. The classified material included highly sensitive U.S. military assessments, including on the war in Ukraine.
The leak is considered the most serious U.S. national security breach since more than 700,000 documents, videos and diplomatic cables appeared on the WikiLeaks website in 2010.
“The actions ranged from relieving personnel from their positions, including command positions, to non-judicial punishment under Article 15 of the Uniform Code of Military Justice,” an Air Force statement said.
Colonel Sean Riley, commander of 102nd Intelligence Wing to which Teixeira belonged, was relieved of command.
An Air Force Inspector General report into the incident found that some member of Teixeria’s unit and leadership “had information about as many as four separate instances of his questionable activity.”
Updated
Potential jurors in Rudy Giuliani’s defamation filled out a questionnaire about possible biases that would hinder their ability to serve and now the US district judge, Beryl Howell, is peppering them with follow up questions.
We’ve made it through eight jurors so far and there have been some moments of levity. One woman said she was a general ledger accountant for a non-profit. When Howell pressed her on whether the non-profit had a political affiliation, the woman said, “It’s the Girl Scouts, we sell cookies.”
Another potential juror said she worked for the US forest service director of wilderness and wild and scenic rivers. Howell asked, “There are some rivers that aren’t’ scenic?”
Another potential juror said he is a cost analyst for the Defense Intelligence Agency. Another said he had been charged with conspiracy drug charges in January 2021, but the charges had been dismissed. He said he did not think he had been treated fairly in the case.
Giuliani has sat through most of the proceedings expressionless with his arms crossed at the defense table.
Ruby Freeman and Shaye Moss, the two Atlanta election workers he defamed, are also in the courtroom.
Updated
Here are the latest updates on the Giuliani trial, from Politico’s Kyle Cheney:
Minimal eye contact between Giuliani and anyone else in the courtroom, including Moss/Freeman and Judge Howell.
Notably, Rudy remained seated when the courtroom deputy asked everyone to rise for the judge as they took a 10 minute break.
UPDATE: Minimal eye contact between Giuliani and anyone else in the courtroom, including Moss/Freeman and Judge Howell. Notably, Rudy remained seated when the courtroom deputy asked everyone to rise for the judge as they took a 10 minute break.
— Kyle Cheney (@kyledcheney) December 11, 2023
Jury selection is currently underway in the trial.
Here’s more information from Cheney:
We’re at the stage of the process where individual jurors will be called in for specific questioning related to potential biases. We need 14 to pass this part of the process to begin the trial.
We’re at the stage of the process where individual jurors will be called in for specific questioning related to potential biases. We need 14 to pass this part of the process to begin the trial.
— Kyle Cheney (@kyledcheney) December 11, 2023
The latest polling also showed that potential voters have concerns with both leading nominees.
The surveys found that the majority of potential voters in Michigan and Georgia believe that Biden lacks the “sharpness” and “stamina” needed for a president. Voters in both battleground states also believe that Trump did not have the right “temperament” to be president.
From the Hill:
The surveys also highlighted potential problem areas for each candidate, with 69 percent of Michigan voters and 66 percent of Georgia voters saying Biden does not have the sharpness and stamina they want to see in a president. Fifty-seven percent of Michigan voters and 58 percent of Georgia voters said Trump’s temperament is not what they are looking for in a president.
Read the full article here.
Donald Trump is leading Joe Biden in new polls surveying battleground states, the Hill reports.
The latest polls by CNN found that Trump had a 10 point lead over Biden in Michigan, with 50% of responders saying they would vote for Trump in the 2024 election versus only 40% for Biden.
In Georgia, 49% of responders said they would support Trump compared to only 44% for Biden.
Both Biden and Trump are leading their party’s nomination for the general presidential election, with 2024 shaping up to be a rematch of the 2020 election.
Rudy Giuliani takes seat in Washington courtroom
Rudy Giuliani has taken his seat in a federal courtroom in Washington where jury selection is about to begin in a weeklong trial to determine how much in damages he should have to pay two Atlanta election workers he defamed last year.
The former New York City mayor could pay anywhere between $15m and $43m in damages to Ruby Freeman and Shaye Moss, a mother and daughter he spread false lies about them after the election.
Included in the questions potential jurors will be asked is “Do you believe that Joseph R Biden’s election as president of the United States in 2020 was illegitimate?” and “Have you ever used the phrase “Let’s Go Brandon” or the term or hashtag “WWG1WGA”?
Opening statements in the trial are expected this afternoon. The trial is expected to wrap up by Friday.
Updated
Giuliani has just arrived to his trial in federal court today, which will determine how much the ex-Trump lawyer will pay in damages after being found liable of defamation in August.
Giuliani is expected to testify at some point during the week-long trial, though it isn’t clear if Giuliani will invoke his fifth amendment rights while testifying, CNN reports.
Meanwhile, the legal team of Freeman and Moss will play videos of other Trump figures pleading the fifth while refusing to answer questions on the stand.
Giuliani is reportedly having trouble paying off mounting legal debts. He is currently selling his $6.5m New York apartment to help square away litigation costs.
As of October, Giuliani owed more than $500,000 in unpaid taxes to the Internal Revenue Service (IRS), Forbes reported.
Updated
Rudy Giuliani in DC federal court for defamation damages trial
Rudy Giuliani will be defending himself in federal court on Monday against a defamation lawsuit filed against him for false comments he made about two Georgia election workers after the 2020 election.
The week-long trial starting Monday in Washington DC will be to determine how much Giuliani will pay in damages for inflammatory remarks he made against Ruby Freeman and her daughter Shaye Moss, two Black election workers in Fulton county.
Giuliani is expected to testify in his defense.
While serving as head of Trump’s legal team, Giuliani falsely claimed that Freeman and Moss counted 2020 election ballots after tallying had wrapped, sharing misleading security video that was later debunked by Georgia election officials.
Freeman and Moss say they faced death threats following Giuliani’s comments, and strangers came to Freeman’s house to enact a “citizen’s arrest”.
Giuliani has already been found liable of defamation in August. The latest trial is to determine how much Giuliani will pay in damages, with Freeman and Moss seeking between $15m and $43.5m in damages.
Jury selection and opening statements for the damages trial are expected today.
Here’s what else is happening:
Biden is traveling to Philadelphia on Monday to announce a federal grant for the city’s fire department.
Ukraine’s president Volodymyr Zelenskiy will arrive in the US for a last-ditch attempt to break a deadlock on Ukraine aid.
