Rudolph W. Giuliani has openly admitted that, during his tenure as former President Donald J. Trump’s lawyer, he made false statements regarding the actions of two Georgia election workers in Atlanta during the 2020 election. This confession was disclosed in court documents filed on Tuesday night as part of a defamation lawsuit brought against Giuliani by the two workers, Ruby Freeman and Shaye Moss, in Federal District Court in Washington in December 2021.
The lawsuit accused Giuliani and others of promoting a video that falsely depicted Ms. Freeman and Ms. Moss, who are related as mother and daughter, improperly handling ballots while working at the State Farm Arena for the Fulton County Board of Elections. Giuliani acknowledged in a two-page declaration that he indeed made these false statements that led to the lawsuit and that these remarks are defamatory. He further admitted that his statements were both actionable and false, and he no longer disputes the factual elements of liability raised by the election workers in their suit.
However, Giuliani, stating that he still possesses legal defenses in the case, maintained that his accusations against Ms. Freeman and Ms. Moss are constitutionally protected under the First Amendment. Additionally, Giuliani refused to acknowledge that his statements have caused any harm to the women, a crucial factor in winning a defamation case.
This declaration was submitted as Giuliani faced potential sanctions for allegedly failing to fulfill his obligations in the case, suggesting an attempt to settle the lawsuit without incurring significant financial consequences.
Ms. Freeman and Ms. Moss’s lawsuit was one of the first to be filed by individual election workers who found themselves embroiled in the realm of right-wing politicians and media figures who propagated the false claim that Mr. Trump was the rightful victor of the 2020 election. Initially, the two women sued several defendants, including the One America News Network and some of its executives, but eventually resolved the case with all parties except Giuliani.
This lawsuit was one of numerous defamation cases wherein plaintiffs sought legal recourse against public figures or media outlets that disseminated false information about the 2020 election and its aftermath.
For instance, Fox News paid over $787 million in April to settle claims made by Dominion Voting Systems regarding the network’s dissemination of misinformation about the election. Recently, an Arizona man named Ray Epps, who participated in the Capitol riot on January 6, 2021, sued Fox, alleging that former host Tucker Carlson promoted a baseless narrative portraying Mr. Epps as an undercover government agent who instigated the violence to discredit Mr. Trump and his supporters.
Ms. Freeman and Ms. Moss testified as witnesses before the House select committee investigating the events of January 6. They recounted their experience after Giuliani amplified false claims about them extracting fraudulent ballots from a suitcase and feeding them into voting machines at their counting station, despite Fulton County and Georgia officials swiftly debunking these allegations. Giuliani persisted in promoting these claims, even likening the two women, who are both Black, to drug dealers and calling for their homes to be searched during a hearing with Georgia state legislators.
During a phone call with Georgia Secretary of State Brad Raffensperger on January 2, 2021, Mr. Trump mentioned Ms. Freeman’s name 18 times and implored Raffensperger to “find” 11,800 votes, enough to alter the outcome in Georgia in favor of Joseph R. Biden Jr.
Ms. Freeman testified to the House committee, expressing the emotional toll of being targeted by the President of the United States: “I’ve lost my name, and I’ve lost my reputation.”
The defamation lawsuit, which may proceed to settlement discussions, represents just one of the numerous legal challenges Giuliani currently faces. Three weeks ago, a Washington legal ethics committee recommended his disbarment due to his unprecedented efforts to assist Trump in overturning the 2020 election results. Giuliani also underwent a voluntary interview with prosecutors from special counsel Jack Smith’s team, answering inquiries about a scheme to fabricate pro-Trump elector slates in crucial swing states won by Biden. Furthermore, he could face charges in a Fulton County district attorney’s investigation into attempts to reverse Trump’s loss in Georgia in 2020.
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