A closely watched defamation trial kicks off on Monday in which Rudy Giuliani is set to defend himself against having to pay tens of millions of dollars to two Georgia election workers whom he made false statements about the 2020 election about.
What is this case about?
Ruby Freeman and her daughter Shaye Moss are suing the former New York mayor and lawyer for Donald Trump for tens of millions of dollars for making false, defamatory statements about them after the 2020 election. They are seeking between $15m and $43m in damages.
Freeman and Moss, both of whom are Black, served as election workers in Fulton county, which includes Atlanta, after the 2020 election. As part of efforts to overturn Trump’s loss in the state, Giuliani repeatedly made false claims about the women and amplified misleading security footage that he claimed showed them counting ballots after counting had officially concluded. He also accused both women of passing a USB drive like “vials of cocaine or heroin”. The item in question was actually a breath mint.
Freeman and Moss had their lives upended because of the attacks. They received death threats and other forms of harassment. Freeman fled her home and has said she is still afraid to give her name in public. Moss has said she experienced anxiety and depression. Her son, who used a phone with a phone number that once belonged to her also received threats and began failing in school.
What are both sides likely to argue at the case?
Giuliani has already conceded he made false statements about Freeman and Moss, and Beryl Howell, the US district judge who is overseeing the case, has already found him liable for defamation. The only remaining question for the jury is what kind of penalty he should have to pay.
Freeman and Moss are both expected to testify during the trial about the vicious harassment they faced and its consequences.
Giuliani is also expected to take the stand. The thrust of his defense is likely to focus on the idea that any suffering Moss and Freeman experienced cannot be directly linked to his statements.
The trial is likely to wrap up on Friday.
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.
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.
Is Trump being sued as part of this case?
No. Trump is not a named defendant in the case.
How is this case related to the criminal charges Giuliani faces in Fulton county?
Legally, the two cases are different and unconnected. The defamation case is a civil lawsuit filed directly by Freeman and Moss in federal court seeking damages. The Fulton county case is a criminal process taking place in a Georgia state court and could result in jail time.
That said, the defamation case could provide insight into Giuliani’s state of mind as well as operations in Trump’s orbit as they made false claims about the election. Some of the criminal charges against Giuliani stem from his false statements about Freeman and Moss. Willis also charged three other people as part of a scheme to try to get Freeman to falsely confess to election fraud.
