Jurors have been dismissed for the day in the Rudy Giuliani defamation trial, meaning there won’t be a verdict just yet. They will return tomorrow at 9am to deliberate.
Key moments from the court case this week
In case you missed some of the court action, here are some highlights from this week…
Ruby Freeman and Shaye Moss both testified about the disastrous effects of lies spread by Rudy Giuliani and others who put them at the center of an election conspiracy theory. They shared examples of the racist, harassing, threatening messages they received after being publicly named by election deniers.
Freeman said she had to leave her home for safety reasons. She hired a lawyer to help keep her name off any home-related documents for her new place. She feels like she’s lost who she is, her good name, in this web.
Moss detailed how these actions made her anxious to even leave the house and caused her son to get harassed, eventually failing his classes. She said she still doesn’t really go out.
Giuliani was initially expected to testify. But after two separate incidents of him doubling down, his team did not put him on the stand. His lawyer said the women had been through enough, but also pointed to Gateway Pundit, the rightwing media outlet, as more culpable for the harassment.
Ashlee Humphreys, a professor from Northwestern University and an expert witness of Freeman and Moss, walked through the significant reputational damage done to Freeman and Moss, showing how their names are now associated with election fraud.
Freeman and Moss’ lawyer, Michael Gottlieb, said they hope the case sends a clear message to people launching smear campaigns not to do it.
The jury is now deliberating over the amount of damages to award Freeman and Moss, as the judge has already decided Giuliani defamed them. The award could be as much as $43 million.
Updated
As we await the jury, a reminder of what’s at stake for Rudy Giuliani…
Most obviously, Giuliani could be on the hook for massive financial damages for defaming Ruby Freeman and Shaye Moss. The jury has the ability to award up to $43 million. It’s unclear whether Giuliani has the kind of money – he didn’t turn over documents that would’ve shown his financial state.
As a reminder, the judge in this case has already decided Giuliani defamed the former elections workers. The jury is deciding how much that should cost him.
Beyond the money, the case serves as a harbinger for other defamation cases that seek to hold people or entities spreading election lies accountable. And beyond this case, Giuliani faces criminal charges in the sprawling Georgia election subversion case.
Giuliani’s legacy – whatever was left of it after the past few years – will be cemented by these cases. As the Daily Beast’s Jose Pagliery wrote in a piece about Giuliani’s rough circumstances today: “For Giuliani, 2023 will likely end in penniless defeat. But 2024 could be even worse—it could actually end with him in prison.”
Chuck Schumer has praised the Senate’s passage of the National Defense Authorization Act and criticized what he called the “partisan race to the bottom we’re seeing at in the House.”
In a tweet on Thursday, Schumer went on to say:
“While the Senate is strengthening American national security, House Republicans are wasting time on a clown-car impeachment inquiry that will go nowhere.”
The Senate passage of the NDAA shows the glaring contrast with the partisan race to the bottom we’re seeing in the House.
— Chuck Schumer (@SenSchumer) December 14, 2023
While the Senate is strengthening American national security, House Republicans are wasting time on a clown-car impeachment inquiry that will go nowhere.
As we wait for the jury deliberations to complete in Rudy Giuliani’s federal defamation trial, the leaders of the House and Senate have issued two very different statements on the border crisis.
In a tweet on Thursday, House speaker Mike Johnson wrote:
“The border is not just a crisis, it’s a catastrophe. The House took action to secure our border. It’s time for the Senate and the White House to do the same.”
The border is not just a crisis, it’s a catastrophe.
— Speaker Mike Johnson (@SpeakerJohnson) December 14, 2023
The House took action to secure our border.
It’s time for the Senate and the White House to do the same. https://t.co/OWNJzt2I3B
Meanwhile, Senate majority leader Chuck Schumer wrote:
“Republicans say action on the border is urgent. If they’re serious about getting something done, they should not be so eager to go home. There is a lot of work left to do.”
Republicans say action on the border is urgent.
— Chuck Schumer (@SenSchumer) December 14, 2023
If they’re serious about getting something done, they should not be so eager to go home.
There is a lot of work left to do.
Speaking of Donald Trump’s mounting legal issues, his defense in the 2020 federal election interference case may get a boost from the supreme court.
The Guardian’s Hugo Lowell reports:
A decision by the US supreme court to take a case linked to the January 6 attack on the Capitol could have consequences altering the trajectory of the criminal case against Donald Trump over his effort to overturn the 2020 election as well as for hundreds of other people prosecuted for the riot.
The nation’s highest court has agreed to consider whether federal prosecutors can charge January 6 riot defendants with a statute that makes it a crime to obstruct an official proceeding of Congress – a charge also filed against Trump in his 2020 election interference case.
The decision by the conservative-dominated court to take up the matter complicates and could delay Trump’s trial in federal district court in Washington, which is currently scheduled for next March.
For the full story, click here:
Meanwhile, Rudy Giuliani’s former boss, Donald Trump, is once again claiming that he is part of a “witch hunt.”
Posting on Truth Social on Thursday, Trump wrote:
“Biden had 150 Suspicious Activity Reports!!! I never had one!!! As the media has reported, my banks were thrilled with me as a customer, yet I get sued by the Racist A.G. of New York State. WITCH HUNT!”
Trump has been indicted four times, including on cases surrounding the 2020 federal election interference, the Georgia state election interference, classified documents found at his Florida Mar-a-Lago resort, and hush money payments made to adult film star Stormy Daniels.
With the jury in deliberations, here is the Guardian’s Sam Levine’s report on the plaintiffs’ plea to award them each with $24m in damages to repair their reputations:
A Washington DC jury should “send a message” to other powerful people by granting substantial damages award against Rudy Giuliani for spreading lies about two Georgia election workers, a lawyer for the pair said.
“The message is don’t do it,” Michael Gottlieb, a lawyer representing Ruby Freeman and her daughter Shaye Moss, said in his closing statement to eight jurors on the fourth day of the defamation case. “They say when someone shows you who they are, believe them. Mr Giuliani has shown us over and over and over again that he will not take our clients names out of his mouth. Facts do not and will not stop him.
“He’s telegraphing that he will do this again. Believe him,” he said.
For the full story, click here:
Federal judge Beryl Howell said that usually the upper boundary of permissible punitive damage is four times the compensatory damages, the Guardian’s Sam Levine reports.
Judge Howell says that usually the upper boundary of permissible punitive damage is 4x the compensatory damages.
— Sam Levine (@srl) December 14, 2023
Both Ruby Freeman and Shaye Moss are asking the jury to award $24m to each of them in compensatory damages.
Jury deliberations have officially begun
Jury deliberations have officially begun in Rudy Giuliani’s federal defamation case. The Guardian’s Sam Levine reports on the three categories of damages sought by Ruby Freeman and Shaye Moss:
There are three categories of damages that Ruby Freeman and Shaye Moss are asking for in their federal lawsuit against Rudy Giuliani: compensatory damages, intentional infliction of emotional distress, and punitive damages.
The compensatory damages are what the jury feels is necessary to repair the damages to the reputation Freeman and Moss suffered because of 16 defamatory statements Giuliani made about them. The two women are asking the jury to award $24m each in that category alone.
The damages for intentional infliction of emotional distress are designed to separately compensate Freeman and Moss for emotional damage they suffered as a result of Giuliani’s statements. The plaintiffs simply asked the jury to use their best judgment there.
Lastly, punitive damages are supposed to be an additional punishment for Giuliani for his reckless conduct. The plaintiffs did not ask the jury for a specific amount, but asked the jury to choose a number that would “send a message” to deter other powerful people from engaging in similar conduct.
Updated
US district judge Beryl Howell told the jury that the court has already found that the defendants’ statements harmed plaintiffs, the Guardian’s Sam Levine reports.
Howell went on to tell jurors that it is their job to quantify that harm.
The court has already found that defendants statements harmed plaintiffs. Your job is to quantify that harm, US District Judge Beryl Howell tells the jury
— Sam Levine (@srl) December 14, 2023
During closing arguments, the plaintiffs’ lawyer Michael Gottleib pushed back against Rudy Giuliani’s lawyers who claimed that Giuliani should not be defined by what has happened in recent times.
“This case is not about Rudy Giulani is or what he did in his past. It’s about what he did. What he did to Ruby Freeman and Shaye Moss… It’s not about the Yankees and 9/11 or the US attorneys office and taking on the mob,” Gottlieb said.
Michael Gottlieb replied to this shortly after: "This case is not about Rudy Giulani is or what he did in his past. It’s about what he did. What he did to Ruby Freeman and Shaye Moss...It’s not about the Yankees and 9/11 or the US attorneys office and taking on the mob."
— Sam Levine (@srl) December 14, 2023
Closing arguments completed
Closing arguments have now been completed in Rudy Giuliani’s defamation trial and US district judge Beryl Howell is reading instructions to the jury.
Overall, the plaintiffs are asking for at least $24m in damages for Ruby Freeman and Shaye Moss. They asked the jury to use their discretion to decide how much in additional damages to wayward.
Michael Gottlieb, a lawyer for the pair, asked the jury to award an amount that would “send a message” to powerful figures who are seeking to spread lies about ordinary people like Moss and Freeman.
In his own closing, Joeseph Sibley asked the jury to give a lesser award that was directly related to the documented amount of money the two women had lost.
He also sought to distance Giuliani from the violent threats the women faced, placing the responsibility instead on the Gateway Pundit. “More likely than not, this is the party that sort of doxed these women,” he said.
And he also asked the jury to judge Giuliani based not just on his conduct towards Moss and Freeman, but based on the totality of his career.
He said:
“Rudy Giuliani is a good man. I know that some of you may not think that. He hasn’t exactly helped himself with some of the things that have happened in the last few days,” he said. “The idea of him being a racist, or him encouraging racist activity, that’s really a low blow. That’s not who he is. He overcame negative stereotypes.”
Defense's lawyer: Racist and violent vitriol does not 'naturally flow' from Rudy Giuliani
Speaking about Rudy Giuliani, his lawyer Joseph Sibley said, “If he actually encouraged violence against these women, one would hope he would be in jail but that’s not what he did,” Law & Crime’s Brandi Buchman reports.
Sibley on Giuliani: If he actually encouraged violence against these women, one would hope he would be in jail but that's not what he did.
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
He went on to add that racist and violent vitriol does not “naturally flow” from Giuliani, Buchman reports.
The racist/violent vitriol does not "naturally flow" from Giuliani, Sibley argues, but from others.
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
(this goes toward the debate in jury instructions earlier about the phrase "reasonably forseeable vs naturally flow)
Sibley also said that Giuliani “is a good man,” adding, “I know some of you may not think that.”
Rudy Giuliani is a good man. I know some of you may not think that. I know he hasn't helped himself in recent days, Sibley says.
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
He puts up a photo of Giuliani where he's at a press conference outside the courthouse this week where he's talking, hand waving and mouth open
Updated
The defense has begun its closing arguments.
Joseph Sibley, Rudy Giuliani’s lawyer, told the court that the plaintiffs’ are asking “to award a catastrophic amount of damages against my client,” Law & Crime’s Brandi Buchman reports.
“When you see my client’s state of mind, you’re going to say, you should have been better but weren’t as bad as the plaintiffs make you out to be,” he said.
Sibley: They are asking you to award a catastrophic amount of damages against my client. when you see my client's state of mind, you're going to say, you should have been better but weren't as bad as plaintiffs make you out to be
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
Sibley added that Giuliani “showed up, it’s not like he completely didn’t participate in the litigation,” Buchman reports.
Sibley brings up the stipulation where Giuliani admitted he defamed the women, but disputed the extent of damages.
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
This is an example of his willingness to cooperate, Sibley argues.
"He showed up. its not like he completely didnt participate in the litigation"
Updated
Michael Gottlieb, one of the lawyers representing Ruby Freeman and Shaye Moss, has just completed his closing argument.
In his final remarks, he asked the jury to send a message to other powerful people with whatever punitive damages it chose to levy against Rudy Giuliani.
“The message is, ‘Don’t do it,’” he said. “He has no right to offer defenseless civil servants up to a virtual mob in order to overturn an election.”
Gottlieb asked the jury to award Freeman and Moss $24m each in damages to repair the damage to their reputation from 16 defamatory statements Giuliani made about them.
He asked the jury to use their discretion to determine punitive damages as well as much how much to award for intentional infliction of emotional distress.
“Ruby Giuliani used his power to scapegoat Ruby Freeman and Shaye Moss,” he said. “He didn’t see them as human beings.”
Joe Sibley, Giuliani’s lawyer, is about to begin his closing statement.
Michael Gottlieb, one of the plaintiffs’ lawyers, said that he will not provide the jury with a number for damages to be paid, Law & Crime’s Brandi Buchman reports.
Instead, he said that they must reach that number by weighing the humiliation, indignity and suffering Ruby Freeman and Shaye Moss experienced based on the evidence provided.
Gottlieb says he will not provide the jury with a number for damages. They must reach that number by weighing the humiliation, indignity and suffering Freeman and Moss experienced based on the sweeping evidence provided
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
He went on to say that the cycle of shame faced by Freeman and Moss is “tragic.”
This cycle of shame is tragic, Gottlieb says.
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
Moss testified that on her darkest days she thinks about laying down and never waking up.
Gottlieb reminds jurors how Freeman said she felt "terrorized" because people were "coming to kill me."
"I was just scared, I was scared"
One of the plaintiffs’ lawyers brought out a copy of Rudy Giuliani’s book Leadership during the closing arguments, Law & Crime’s Brandi Buchman reports.
The lawyer pointed to a chapter called Stand Up to Bullies and quoted from it, saying, “Never pick on someone smaller than you. Never be a bully.”
“Those are wise words. If only Mr. Giuliani had listened,” the lawyer said, Buchman reports.
Atty brings out copy of Giuliani's book "Leadership" and notes a chapter called "Stand up to Bullies"
— Brandi Buchman (@Brandi_Buchman) December 14, 2023
He quotes it. Giuliani said "never pick on someone smaller than you, never be a bully."
Atty: Those are wise words. If only Mr. Giuliani had listened.
Plaintiffs' lawyer: 'After everything they went through, they stood up and said no more'
Michael Gottlieb, a lawyer for Ruby Freeman and Shaye Moss, is beginning his closing arguments in the case.
“You now know how important names are to Ruby Freeman and Shaye Moss, but you now know each of them amount to much more than their names,” he told the jury.
He added:
“Ruby Freeman and Shaye Moss, it turns out are miles and miles away from ordinary. They are heroes. After everything they went through, they stood up and they said no more. They opened themselves up to you and the public, and unlike some other people, they testified here under oath.”
Giuliani had been expected to testify in the case, but his lawyer reversed and said he would not on Friday.
Updated
Court to begin closing arguments
The court will begin closing arguments, the Guardian’s Sam Levine reports from the courthouse in Washington DC.
Rudy Giuliani will no longer testify.
With Rudy Giuliani deciding that he will no longer testify in the federal defamation trial, here is Giuliani responding to a question from a reporter yesterday on whether he still planned to testify today:
Good morning everyone.
— Ava-joye (@Avajoye) December 14, 2023
It appears as if Rudy Giuliani has decided not to testify in the defamation case against him.
If this changes throughout the morning, I’ll update you.
Here’s me asking him yesterday if he still planned on testifying… pic.twitter.com/TMCW5xVHHV
Giuliani replied:
“I said, the truth will come out, the truth will come out. I didn’t say when so it will come out and it will come out very very shortly… But I’m not going to comment on the courtroom, I’m not supposed to.”
Rudy Giuliani will not testify
In a surprise development, Rudy Giuliani will not testify, according to his lawyers.
The court is set to go straight into closing statements, the Guardian’s Sam Levine reports from the courthouse in Washington DC.
Following Wednesday’s court hearing, Rudy Giuliani thanked him supporters for their “encouragement” and vowed to “continue to tell the truth.”
Thank you to everyone who has reached out with support and encouragement.
— Rudy W. Giuliani (@RudyGiuliani) December 14, 2023
It means a lot to me. We will continue to tell the truth, and I will continue to serve others while always doing the right thing.
From the bottom of my heart—Thank you. I love you.#AmericasMayorLive 🇺🇸 https://t.co/2cb26eCzQd
In July, Giuliani admitted to making false statements about Ruby Freeman and Shaye Moss.
A court filing stated that Giuliani “does not dispute for purposes of this litigation that the statements carry meaning that is defamatory per se” and goes on to argue that his statements are constitutionally protected free speech.
As we wait for the trial to get underway, here is the latest polling update on Rudy Giuliani’s former boss Donald Trump:
According to a new Bloomberg poll released on Thursday, Trump is leading Joe Biden in seven swing states.
Bloomberg reports:
Eleven months before the election, Trump is leading Biden by 5 percentage points among registered voters in a head-to-head matchup across seven swing states. Trump’s lead is inside the margin of error in Arizona, Michigan, Nevada, Pennsylvania, and Wisconsin, but is larger in Georgia and North Carolina. The poll had a margin of error of 1 percentage point for all seven states combined and between 3 and 5 percentage points for individual states.
NEWS: Bloomberg News/Morning Consult poll shows Donald Trump leading in seven critical swing states:
— Gregory Korte (@gregorykorte) December 14, 2023
Arizona: Trump +4
Georgia: Trump +6
Michigan: Trump +4
Nevada: Trump +3
North Carolina: Trump +9
Pennsylvania: Trump +2
Wisconsin: Trump +4https://t.co/JFQXKNt9tS pic.twitter.com/WTQmb34Y7T
With Rudy Giuliani set to testify in federal court on Thursday, here is the Guardian’s Sam Levine – who has been reporting from the courthouse – on the significance of this closely watched defamation case:
Rudy Giuliani is set to testify on Thursday in a federal defamation case to determine how much he should have to pay two Atlanta election workers he spread false statements about after the 2020 election.
Giuliani’s testimony will cap a closely-watched week-long defamation case. It comes after the two Black workers, Shaye Moss and her mother Ruby Freeman, gave harrowing testimony about how Giuliani’s lies upended their lives. Among other things, Moss said she is afraid to go anywhere alone and Freeman said she is afraid to give anyone her name and still wears a mask and sunglasses in public so she won’t be recognized. They are seeking $15.5m to $43m in damages from Giuliani.
It’s not clear how the former New York City mayor will defend himself. He has already conceded that he made false statements the two workers and Beryl Howell, the US district judge, has already found him liable for defamation, intentional infliction of emotional distress, and civil conspiracy. The only question for the eight-member jury is how much to award in damages.
For the full story, click here:
Rudy Giuliani set to testify in defamation trial
Rudy Giuliani is set to testify on Thursday in the closely watched federal defamation trial involving two former Atlanta election workers he spread defamatory and false statements about following the 2020 presidential election.
The testimony from Donald Trump’s former lawyer will follow the harrowing testimonies delivered earlier this week by Shaye Moss and her mother Ruby Freeman, both of whom described the long-lasting impacts Giuliani’s lies have had on their lives.
On Tuesday, Moss told the court that after Giuliani falsely accused her of fraudulently counting mail-in ballots, she prays on most days that “God does not wake me up and I just disappear.” She added that she often fears that her son will come home from school and discover her and his grandmother hanging from a tree in their yard.
Freeman’s testimony followed on Wednesday, during which she sobbed on the stand and described in graphic detail the threatening phone calls and letters she has received following Giuliani’s lies about her. “I don’t have a name no more,” said Freeman, adding, “The only thing you have in your life is your name…my life is messed up.”
Moss and Freeman are seeking $15.5m to $43m in damages. In addition to compensatory damages, they are also seeking punitive damages against Giuliani.
Meanwhile, following Wednesday’s court hearing, Giuliani, who has remained defiant about his actions, tweeted, “Thank you to everyone who has reached out with support and encouragement… We will continue to tell the truth.”
