Giuliani, Rudolph W

Subterms

    More stories

    • 150 Shares169 Views

      in Elections

      Giuliani Ordered to Pay $148 Million to Election Workers in Defamation Trial

      by

      Ruby Freeman and Shaye Moss, wrongfully accused by Rudolph W. Giuliani of having tried to steal votes from Donald J. Trump in Georgia, were awarded the damages by a federal court in Washington.A jury on Friday ordered Rudolph W. Giuliani to pay $148 million to two former Georgia election workers who said he had destroyed their reputations with lies that they tried to steal the 2020 election from Donald J. Trump.Judge Beryl A. Howell of the Federal District Court in Washington had already ruled that Mr. Giuliani had defamed the two workers, Ruby Freeman and Shaye Moss. The jury had been asked to decide only on the amount of the damages.The jury awarded Ms. Freeman and Ms. Moss a combined $75 million in punitive damages. It also ordered Mr. Giuliani to pay compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss, as well as $20 million to each of them for emotional suffering.“Today’s a good day,” Ms. Freeman told reporters after the jury delivered its determination. But she added that no amount of money would give her and her daughter back what they lost in the abuse they suffered after Mr. Giuliani falsely accused them of manipulating the vote count.Mr. Giuliani, who helped lead Mr. Trump’s effort to remain in office after his defeat in the 2020 election but has endured a string of legal and financial setbacks since then, was defiant after the proceeding.“I don’t regret a damn thing,” he said outside the courthouse, suggesting that he would appeal and that he stood by his assertions about the two women.He said that the torrent of attacks and threats the women received from Trump supporters were “abominable” and “deplorable,” but that he was not responsible for them.His lawyer, Joseph Sibley IV, had also argued that Mr. Giuliani, the former New York mayor and federal prosecutor, should not be held responsible for abuse directed to Ms. Freeman and Ms. Moss by others.Mr. Sibley had warned that an award of the scale being sought by the women would be the civil equivalent of the death penalty for his client. Outside the courthouse on Friday, Mr. Giuliani called the amount “absurd.”Mr. Giuliani’s net worth is unknown because he refused to comply with the court’s requirement to provide that information. A lawyer familiar with his legal situation said after the verdict that Mr. Giuliani was likely to file for bankruptcy protection. But because the damages he owes Ms. Freeman and Ms. Moss are considered an “intentional tort,” bankruptcy would not erase his liability, lawyers said.The case brought against Mr. Giuliani was one of a series of lawsuits in which plaintiffs have sought to use defamation claims to hold people accountable for lying about the 2020 election.Dominion Voting Systems wrested a $787.5 million settlement out of Fox News earlier this year after suing the media giant for promoting lies that its voting machines were used in a conspiracy to flip votes away from Mr. Trump to Joseph R. Biden Jr.In October, a judge in Atlanta ruled that a Georgia man was allowed to continue his defamation claims against the right-wing author and filmmaker Dinesh D’Souza on claims that he had been wrongly accused of voter fraud in Mr. D’Souza’s book and film, “2000 Mules.”Over hours of emotional testimony during the civil trial in Washington, Ms. Freeman and Ms. Moss described how their lives had been completely upended after Dec. 3, 2020, when Mr. Giuliani first suggested that they had engaged in election fraud to tilt the result against Mr. Trump in Georgia, a critical swing state.The women, who are Black and are mother and daughter, were soon flooded with expletive-laden phone calls and messages, threats, and racist attacks, they testified. People said they should be hanged for treason or lynched; others told them they fantasized about hearing the sound of their necks snapping.They showed up at Ms. Freeman’s home. They tried to execute a citizen’s arrest of Ms. Moss at her grandmother’s house. They called Ms. Moss’s 14-year-old son’s cellphone so much that it interfered with his virtual classes, and he finished his first year of high school with failing grades.“This all started with one tweet,” Ms. Freeman told the jury, referring to a social media post from Mr. Giuliani saying, “WATCH: Video footage from Georgia shows suitcases filled with ballots pulled from under a table AFTER supervisors told poll workers to leave room and 4 people stayed behind to keep counting votes.”Mr. Giuliani did not testify at the trial. He said afterward that was because “if I made any mistake or did anything wrong,” he thought the judge would hold him in contempt or put him in jail. “And I thought, honestly, it wouldn’t do me any good.”Mr. Giuliani is under indictment in Georgia, where a local prosecutor has brought racketeering charges against him, Mr. Trump and others in connection with their efforts to overturn the former president’s election loss there.Lawyers for Ms. Freeman and Ms. Moss had asked the jury to send a message when deciding what Mr. Giuliani should pay.“Send it to Mr. Giuliani,” one of the lawyers, Michael J. Gottlieb, said in his closing argument on Thursday. “Send it to any other powerful figure with a platform and an audience who is considering whether they will take the chance to seek profit and fame by assassinating the moral character of ordinary people.”Ms. Moss said she and her mother would continue to fight for justice.“Our greatest wish is that no election worker or voter or school board member or anyone else ever experiences anything like what we went through,” she said.Alan Feuer More

    • 150 Shares189 Views

      in Elections

      Election Workers’ Lawyer Asks Jury for Large Damages From Giuliani for Defamation

      by

      In closing arguments, the lawyer for two former Georgia election workers defamed by Rudolph Giuliani said a big jury award would deter future attacks by powerful people.A lawyer for two former Georgia election workers told members of a jury in federal court on Thursday that they should send a message in considering how much Rudolph W. Giuliani should have to pay for spreading defamatory lies about them as part of his effort three years ago to keep President Donald J. Trump in office.“Send it to Mr. Giuliani,” the lawyer, Michael J. Gottlieb, said in his closing argument. “Send it to any other powerful figure with a platform and an audience who is considering whether they will take the chance to seek profit and fame by assassinating the moral character of ordinary people.”The election workers, Ruby Freeman and Shaye Moss, who were counting ballots at State Farm Arena in Fulton County, Ga., on Nov. 3, 2020, are asking for at least $24 million each from Mr. Giuliani for baselessly accusing them of cheating Mr. Trump out of votes and broadcasting that lie to millions of followers on social media.Judge Beryl A. Howell of the Federal District Court in Washington has already found that Mr. Giuliani, who served as Mr. Trump’s personal lawyer and helped lead the effort to overturn the 2020 election result, defamed the women. The jury in the civil trial is only being asked to determine what damages Mr. Giuliani should pay.The jurors adjourned on Thursday afternoon and were set to pick up their deliberations on Friday.In a last-minute decision, Mr. Giuliani decided not to testify as planned on Thursday. His lawyer and Judge Howell had expressed concerns for days that Mr. Giuliani would repeat his unfounded claims of election fraud from the stand, as he did on Monday outside the courthouse when he attacked Ms. Freeman and Ms. Moss again.Mr. Giuliani’s lawyer, Joseph Sibley IV, also asked the jury to send a message, by not landing on a “catastrophic” dollar figure.“I’m asking you to be reasonable and be just,” Mr. Sibley said.Mr. Sibley said that Mr. Giuliani has admitted that he was wrong, but that the torrent of abuse directed at Ms. Freeman and Ms. Moss after his statements about them was not entirely his fault.Mr. Sibley argued that Mr. Giuliani did not himself say all of the horrible and racist things or encourage violence against the women, and that no amount of money could realistically repair the women’s reputations in the eyes of the people who believe the lies. Mr. Giuliani, he said, knows that defamation is wrong, because he believes he has been defamed by President Biden.Mr. Sibley asked jurors to remember Mr. Giuliani by the reputation he had 20 years ago, after serving as mayor of New York City and as a federal prosecutor who took down the mob.“Rudy Giuliani shouldn’t be defined by what’s happened in recent times,” Mr. Sibley said. “This is a man who did great things.”During the trial, Ms. Freeman and Ms. Moss, who are mother and daughter, delivered emotional testimony about how the falsehoods spread by Mr. Giuliani ruined their lives.They told the jury they had received hundreds of threatening and racist messages from people who believed Mr. Giuliani’s assertion, causing them to lose their livelihoods, move out of their homes and suffer emotional distress. More

    • 113 Shares179 Views

      in Elections

      Election Worker Tells Jury: ‘Giuliani Just Messed Me Up’

      by

      Ruby Freeman, one of two Georgia election workers found to have been defamed by Rudolph W. Giuliani, testified at the trial held to set the damages he will have to pay.Ruby Freeman, a former Georgia election worker, sat in a federal courtroom on Wednesday and told a jury: “Giuliani just messed me up, you know.”She was referring to Rudolph W. Giuliani, who was sitting a few feet from her, as she described how her life has been upended since Dec. 3, 2020. That was the date Mr. Giuliani, then the personal lawyer to President Donald J. Trump, directed his millions of social media followers to watch a video of two election workers in Fulton County, Ga., asserting without any basis that they were cheating Mr. Trump as they counted votes on Election Day.The workers were Ms. Freeman and her daughter, Shaye Moss.Ms. Freeman, who is Black, recounted what followed: a torrent of threats, accusations and racism; messages from people who said she should be hanged for treason, or lynched; people who fantasized about hearing the sound of her neck snap.They found her at her home. They sent messages to her business email and social media accounts. They called her phone so much that it crashed, she said.The harassment got so bad that the F.B.I. told Ms. Freeman she was not safe in the home where she had lived for years. She stayed with a friend until she felt she put that friend at risk after law enforcement officials told her they had arrested someone who had her name on a death list.Ms. Freeman’s name had become a rallying cry across conservative news outlets, embodying a conspiracy theory that Trump supporters embraced as they tried to keep him in office.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

    • 100 Shares99 Views

      in Elections

      Election Worker Defamed by Giuliani Recounts Emotional Toll

      by

      In federal court, Shaye Moss detailed how Rudolph Giuliani’s baseless claims that she had stolen votes from Donald Trump ignited threats and left her depressed and fearful.On Dec. 4, 2020, Shaye Moss, at the time an election worker in Fulton County, Ga., was summoned to her supervisor’s office, where she thought she would be getting a promotion for her hard work on Election Day, after a month of positive feedback.Instead, Ms. Moss was shown videos filled with “lies” and unfounded accusations that she and her mother, a co-worker, had tried to steal votes in the vital swing state from President Donald J. Trump, she testified in Federal District Court in Washington on Tuesday.From the moment she got that heads up, her life was altered. Soon, she and her 14-year-old son were inundated with threats, racist messages and calls. “Be glad it’s 2020 and not 1920” was one warning she received on Facebook.“That was the day that everything changed,” Ms. Moss told a jury in a civil trial to determine what damages Rudolph W. Giuliani should pay for defaming her and her mother, Ruby Freeman, by spreading the baseless reports that they had tried to cheat Mr. Trump out of votes. “Everything in my life changed. The day that I changed. The day that everything just flipped upside down.”Georgia officials quickly debunked the accusations, and a yearslong investigation cleared Ms. Moss and Ms. Freeman of any wrongdoing. But Ms. Moss is unrecognizable to herself, crippled by fear, anxiety and depression, she said during hours of emotional testimony.“I’m most scared of my son finding me and, or my mom, hanging in front of my house in front of a tree,” she said, fighting back tears, as Mr. Giuliani, the former New York City mayor and federal prosecutor, sat nearby, showing no emotion.“Most days I pray that God does not wake me up, that I just disappear,” she said.It was the second day of the trial, and her testimony brought to life the impact of the falsehoods that Mr. Giuliani helped to promote in the aftermath of Election Day 2020. At the time, Mr. Giuliani was serving as Mr. Trump’s personal lawyer and helped lead the efforts to keep him in office after he lost the 2020 election.The women are seeking compensatory damages between $15.5 million and $43 million, an amount Mr. Giuliani’s lawyer on Monday said was the civil equivalent of the death penalty.The judge presiding over the case, Beryl A. Howell, previously ruled that Mr. Giuliani had spread lies about the women, intentionally inflicted emotional distress on them and engaged in a conspiracy with others.Throughout her testimony, Ms. Moss described the pain inflicted on people she loves, particularly the racism embedded in the accusations and threats she said were spurred by Mr. Giuliani. The relentless calls and texts to Ms. Moss’s son interfered with his school work. She said he ended up with failing grades in his first year of high school.“He didn’t deserve that,” she said through tears.When Mr. Giuliani’s lawyer, Joseph Sibley IV, questioned Ms. Moss, he tried to make the point that the racist comments could not be directly linked to his client, a notion Ms. Moss strongly rebutted. She said Mr. Giuliani assumed that all of the Fulton County election workers were Democrats because they were all Black.“I feel like that is the beginning of the race issue,” she said, adding that he did not go on “BET Nightly News” to talk about his conspiracy theory, but instead went to media platforms where “he knew his people would believe his lies.”Mr. Giuliani has yet to testify in court, but despite the judge’s ruling — and his own previous acknowledgment that he had made false and defamatory accusations about the women — repeated his accusations on Monday evening as he left the courthouse.“Everything I said about them is true,” Mr. Giuliani told journalists. “They were engaging in changing votes.”On Tuesday morning, Judge Howell told Mr. Sibley that comments like those could be considered another defamation claim.When she asked if Mr. Sibley knew about his client’s statements, Mr. Sibley deflected and said he was not with him at the time, while Mr. Giuliani nodded his head in affirmation behind him. Judge Howell then asked Mr. Giuliani directly if he made those statements, and he said, “yes.”Mr. Sibley also suggested that the long days in the courtroom could be taking a toll on Mr. Giuliani, 79. Judge Howell asked Mr. Sibley if he was concerned about his client’s age and mental capacity issues. Mr. Sibley said he had not seen evidence of that yet.Judge Howell said she had observed Mr. Giuliani paying close attention and being responsive.“He’s following everything I’m saying quite closely,” she said Tuesday morning.Mr. Giuliani has rankled Judge Howell several times throughout the case. He refused to turn over routine documents about his net worth and wide reach on social media. He skipped one of the final hearings on the case. And on the first day of the trial, he was late to the courtroom.On Tuesday, Judge Howell said, “Mr. Sibley has a hard job.”Mr. Sibley told the jury, “My client, as you saw last night, likes to talk a lot, unfortunately.”The trial is expected to last a week and include testimony from Ms. Freeman and Mr. Giuliani. More

    • 138 Shares119 Views

      in Elections

      Rudy Giuliani Could Face $43 Million in Damages in Defamation Trial

      by

      Two Georgia election workers are seeking as much as $43 million for false assertions from Rudolph Giuliani that they had sought to swing the 2020 outcome against Donald Trump.Rudolph W. Giuliani’s lawyer told jurors on Monday that the tens of millions of dollars in damages two Georgia election workers are seeking from him in a defamation suit “will be the end of Mr. Giuliani,” likening an award of that scale to a civil death penalty.The lawyer, Joseph Sibley IV, made the assertion in his opening statement on the first day of Mr. Giuliani’s civil trial in Federal District Court in Washington.The judge, Beryl A. Howell, has already ruled that Mr. Giuliani, who served as personal lawyer to President Donald J. Trump and helped spearhead the efforts to keep Mr. Trump in office after his loss in the 2020 election, defamed the two workers, Ruby Freeman and Shaye Moss.Mr. Giuliani was found to have intentionally inflicted emotional distress on them and engaged in a conspiracy with others when he publicly accused them of election fraud related to their work counting absentee ballots at State Farm Arena in Atlanta for the Fulton County Board of Elections on Nov. 3, 2020.A jury of eight will determine how much Mr. Giuliani, the former mayor of New York City and a former federal prosecutor, should have to pay them for the harm he caused.Ms. Freeman and Ms. Moss are seeking compensatory damages between $15.5 million and $43 million. The trial is expected to last a week. Mr. Giuliani, Ms. Freeman and Ms. Moss all plan to testify.Michael J. Gottlieb, a lawyer for Ms. Freeman and Ms. Moss, who are mother and daughter, said Mr. Giuliani’s false accusations led to a “campaign of defamation and emotional terror” against them. He said the women had to move out of their homes for safety and security because of the thousands of threats that followed.“Their names have become synonymous with crime, cheating and fraud,” Mr. Gottlieb said in his opening statement. “How much is somebody’s reputation worth?”The women’s lawyers showed the jury social media posts, laden with expletives, racial slurs, accusations of treason and threats, some calling for them to be lynched.Sitting across from Ms. Freeman and Ms. Moss in the courtroom, Mr. Giuliani sighed, put his hand on his forehead and at times shook his head as Judge Howell described his actions after the election to the jury.And he nodded his head as he watched footage of himself maligning the women in December 2020, when he said, “The F.B.I. hasn’t arrested anybody,” and “they just walk around free.”Even as Georgia officials quickly debunked Mr. Giuliani’s assertions in 2020, he repeated them so often that Ms. Freeman became one of Mr. Trump’s favorite targets.Georgia’s State Election Board conducted a yearslong investigation into Mr. Giuliani’s claims and officially cleared Ms. Freeman and Ms. Moss last summer.Mr. Giuliani’s lawyer said Monday that there is no question that Ms. Freeman and Ms. Moss did not deserve what happened to them. But, he said, the harm inflicted on them was not all the fault of Mr. Giuliani.“You’re going to see a lot of evidence of harm, but not much evidence that Mr. Giuliani was the cause,” he said.The plaintiffs’ first witness was Regina Scott, a consultant who led a team hired to track the threats against the women. She described how analysts collected and cataloged thousands of screenshots that included mentions of their names. Ms. Scott’s risk-consulting firm, Jensen Hughes, found that in most cases the election workers’ names were mentioned in a negative context.When he cross-examined Ms. Scott, Mr. Sibley was quick to point out that there was nothing in a majority of the posts clearly linking the comments to Mr. Giuliani.Even though Judge Howell already ruled that Mr. Giuliani defamed the two women, their lawyers are presenting evidence of the attacks against them to try to convince the jury that their compensation should be significant.But any amount is likely to throw Mr. Giuliani deeper into financial distress. He already owes money to lawyers who have represented him in other matters related to his post-election efforts to undermine President Biden’s victory in 2020. Disciplinary actions against him prevent him from working as a lawyer, and he faces disbarment.He is also being sued by Dominion Voting Systems because of unfounded claims he made that the company was part of a scheme to rig the 2020 election against Mr. Trump.Mr. Giuliani, along with Mr. Trump, has also been indicted in Georgia in a racketeering case on charges that they tampered with the state’s election.Mr. Giuliani has previously annoyed Judge Howell because he was a no-show for one of the final court hearings in the case. He also refused to comply with routine trial obligations, including providing documents that would disclose his net worth and estimate the breadth of his media reach through his podcast and other programs. And last week, the judge chided Mr. Giuliani for asking that she, not a jury, hear the trial.And arriving late to the courtroom on Monday did little to help Mr. Giuliani with the judge. After waiting for him to show up, Judge Howell sent someone to collect Mr. Giuliani from where he was standing with other members of the public in the security line to enter the courthouse. More

    • 125 Shares99 Views

      in Elections

      Giuliani to Go on Trial for Damages in Defamation Case

      by

      A federal jury will be selected to decide how much Rudolph Giuliani should pay for spreading lies about two Georgia election workers as he fought to keep Donald Trump in office.There will be no good news — only shades of bad — for Rudolph W. Giuliani when he appears in court on Monday for a trial to determine how much he will have to pay two Georgia election workers he lied about after the 2020 presidential race.Nearly two years ago, the election workers, Ruby Freeman and Shaye Moss, sued Mr. Giuliani for defamation, accusing him of some of the most pernicious falsehoods to have emerged from his attempts to keep his friend and client, Donald J. Trump, in office. Over and over, the women claimed, Mr. Giuliani dishonestly asserted that they had tried to cheat Mr. Trump out of a victory by manipulating ballots they were counting at the State Farm Arena in Atlanta.After fighting the case for months, Mr. Giuliani reversed himself this summer and, seeking to avoid crippling legal fees, abruptly acknowledged that his serial attacks against the women were false. Weeks later, a federal judge agreed with him and entered a judgment holding him liable for defamation, civil conspiracy and intentional infliction of emotional distress.Now Mr. Giuliani will have to endure a trial on the single question of whether he should have to pay what could be more than $40 million in damages. The proceeding, in Federal District Court in Washington, is scheduled to start with jury selection on Monday morning and is expected to continue through the week with testimony from both the plaintiffs and Mr. Giuliani.The trial could not have come at a poorer moment for Mr. Giuliani, who is near the edge of financial ruin. He is being hounded for money, including by his onetime lawyer, and cannot currently work as a lawyer himself because of disciplinary actions against him.Mr. Giuliani is confronting disbarment for what a Washington legal ethics panel has called his “unparalleled” efforts to reverse Mr. Trump’s defeat to President Biden. And he has been sued by Dominion Voting Systems for outlandish claims that the company helped to rig the presidential race against Mr. Trump.Moreover, he has been indicted in Georgia in a racketeering case with the former president on charges of tampering with that state’s election.But even in this flood of trouble, the Washington defamation trial will be a landmark moment: the first time that a jury will consider not if, but how, to punish Mr. Giuliani for the role he played in helping Mr. Trump spread lies about his loss in the election.It will also offer the spectacle — perhaps to be repeated at other times and places — of the former white-knight lawman and celebrity mayor of New York being hauled into a courtroom to be held accountable for seeking to subvert the democratic process.At the heart of the trial will be the testimony of Ms. Freeman and Ms. Moss, who are mother and daughter. When they take the stand, they are expected to discuss the expansive threats they experienced after Mr. Giuliani appeared on several podcasts and television shows falsely asserting, among other things, that they had brought illegal ballots into the counting center in a suitcase and had used a flash drive to alter votes in digital tabulation machines.Shaye Moss was comforted by her mother, Ruby Freeman, as she testified last year in a House committee hearing about the election lies Mr. Giuliani spread.Shuran Huang for The New York TimesEven though these claims were quickly debunked, some of them were echoed by Mr. Trump, whose campaign promoted them on its Twitter account. Mr. Trump also mentioned Ms. Freeman in particular — calling her a “professional voter scammer” — when he spoke by phone in early 2021 with Brad Raffensperger, Georgia’s secretary of state, and asked him to help find sufficient votes for him to win the election in the state.Last year, she testified at a public hearing held by the House select committee that investigated the events of Jan. 6, 2021. Ms. Freeman, who is Black, described the torrent of racist abuse that she and her daughter suffered after Mr. Trump began repeating Mr. Giuliani’s lies.“I’ve lost my name and I’ve lost my reputation,” she said. “Do you know how it feels to have the president of the United States target you?”Mr. Giuliani is scheduled to testify in his own defense for about an hour, court papers say, and is expected to discuss “the circumstances” surrounding the remarks he made about Ms. Freeman and Ms. Moss. Presumably, his time on the stand will be spent attempting to persuade the jury that his statements about the women were only minimally damaging.A representative for Mr. Giuliani said the trial was an example of the “weaponization of our justice system,” adding that Mr. Giuliani had had a long career of “public service and accomplishments.”“The Rudy Giuliani you see today is the same man who took down the mafia, cleaned up New York City and comforted the nation following Sept. 11,” the representative, Ted Goodman, said.Lawyers for Ms. Freeman and Ms. Moss have said they intend to ask for between $15.5 million and $43 million in compensatory damages related to Mr. Giuliani’s defamatory statements. And that request does not include any punitive damages the jury might decide to award, or damages for intentional infliction of emotional distress.Presiding over the trial will be Judge Beryl A. Howell, who oversaw the grand jury investigations resulting in the federal indictments Mr. Trump now faces. One of those indictments, filed in Washington, accuses Mr. Trump of plotting to overturn the 2020 election and identifies Mr. Giuliani, albeit not by name, as a co-conspirator.Judge Howell, who has also overseen scores of criminal cases stemming from the attack on the Capitol on Jan. 6, has shown little patience for defendants who took part in the pro-Trump riot. She has taken a similar stance toward Mr. Giuliani, repeatedly pointing out the ways in which his efforts to defend himself in the defamation case have been lacking.In August, for example, after Mr. Giuliani ignored some of her orders, Judge Howell sanctioned him by skipping past the fact-finding phase of the trial and summarily finding him liable of the charges. She appeared annoyed when Mr. Giuliani conceded he had lied about the women, but still maintained that his attacks against them were protected by the First Amendment, telling him his reasoning had “more holes than Swiss cheese.”Last week, she rebuked Mr. Giuliani for suddenly asking her, not a jury, to hear the trial. The arguments he offered to justify the 11th-hour switch were “simply nonsense,” she wrote.To cap it off, Mr. Giuliani skipped one of the final court hearings in the case despite Judge Howell’s explicit orders that he be there. When she saw he was not in court, she gave an ominous warning to his lawyer.“It sets the tone, doesn’t it, for the whole case,” she said. More

    • 113 Shares149 Views

      in Elections

      Jenna Ellis Could Become a Star Witness Against Trump

      by

      When Jenna Ellis last week became the most recent lawyer to join in an accelerating series of guilty pleas in the Fulton County, Ga., prosecution of Donald Trump and his co-conspirators, she offered a powerful repudiation of the “Big Lie” that could potentially cut the legs out from under Donald Trump’s defense, make her a star witness for prosecutors and a potent weapon against the former president’s political ambitions.Ms. Ellis admitted that the allegations of election fraud she peddled as an advocate for the effort to overturn the 2020 election were false. Two other plea deals, from Kenneth Chesebro and Sidney Powell, have been important, but Ms. Ellis is in a unique position to aid prosecutors in the Georgia case and possibly even the parallel federal one — as well as Mr. Trump’s opponents in the court of public opinion.Ms. Ellis pleaded guilty to a felony count of aiding and abetting the false statements made by co-defendants (including Rudy Giuliani) to the Georgia Senate about supposed voting fraud in the 2020 presidential election. These included that “10,315 or more dead people voted” in Georgia, “at least 96,000 mail-in ballots were counted” erroneously and “2,506 felons voted illegally.”These lies were at the cutting edge of Mr. Trump’s assault on the election. Both the state and federal criminal prosecutions allege that Mr. Trump and his co-conspirators knowingly deployed falsehoods like these in their schemes to overturn the election.Ms. Ellis emerged from her plea hearing as a likely star witness for prosecutors, starting with the one who secured her cooperation, the Fulton County district attorney Fani Willis. Unlike Mr. Chesebro and Ms. Powell, in pleading guilty Ms. Ellis spoke in detail about her “responsibilities as a lawyer.” Tearing up, she talked about the due diligence that “I did not do but should have done” and her “deep remorse for those failures of mine.” The judge, a tough former prosecutor, thanked her for sharing that and noted how unusual it was for a defendant to do so.Trials are about the evidence and the law. But they are also theater, and the jury is the audience. In this case, the jury is not the only audience — the Georgia trials will be televised, so many Americans will also be tuned in. Ms. Ellis is poised to be a potent weapon against Mr. Trump in the courtroom and on TVs.That is bad news for her former co-defendants — above all, Mr. Giuliani and Mr. Trump. Ms. Ellis was most closely associated with Mr. Giuliani, appearing by his side in Georgia and across the country. If her court appearance last week is any indication, she will be a compelling guide to his alleged misconduct. She will also add to what is known about it; she and Mr. Giuliani undoubtedly had many conversations that are not yet public and that will inform the jury. And because Mr. Giuliani was the senior lawyer on the case, her pointed statement that she was misled by attorneys “with many more years of experience” hits him directly.Ms. Ellis’s likely trial testimony will also hit Mr. Trump hard. She has now effectively repudiated his claims that he won the election — an argument that is expected to be a centerpiece of his trial defense. Coming from a formerly outspoken MAGA champion, her disagreement has the potential to resonate with jurors.It also builds on substantial other evidence against the former president, which includes voluminous witness testimony collected by the House Jan. 6 committee indicating that many advisers told him the election was not stolen — and that in private he repeatedly admitted as much.Ms. Ellis’s testimony may also compromise one of Mr. Trump’s main defenses. He has made clear he intends to claim he relied on advice of counsel. But that defense is available only if the lawyers are not part of the alleged crimes. Ms. Ellis’s plea puts her squarely within the conspiracy, as do those of Mr. Chesebro and Ms. Powell. That will hamper Mr. Trump’s effort to present a reliance-on-counsel defense.In comparing Ms. Ellis to the two other lawyers who pleaded guilty, it is also critical to note that she is promising full cooperation with Ms. Willis. Mr. Chesebro and Ms. Powell have important contributions to make to the prosecution, but they merely agreed to provide documents, preview their testimony and testify truthfully if called.Ms. Ellis took the additional step of also agreeing “to fully cooperate with prosecutors,” which could include doing interviews with prosecutors, “appearing for evidentiary hearings, and assisting in pretrial matters.”To our knowledge, Ms. Ellis is not yet cooperating with prosecutors in the federal case led by the special counsel Jack Smith, but if she does, she would have a comparative advantage for the prosecution over Mr. Chesebro and Ms. Powell: They are identified as unindicted co-conspirators in that case and would be more problematic for Mr. Smith to deal with. He may not, for example, be willing to immunize them should they assert their privilege against self-incrimination, since that would hamper prosecuting them. But because he has not named Ms. Ellis among Mr. Trump’s alleged federal co-conspirators, he may feel more free to extend immunity to secure her valuable testimony. (He has reportedly done just that with Mark Meadows, a former Trump White House chief of staff.)Ms. Ellis’s guilty plea may also have political reverberations. It is riveting to see a MAGA champion who helped lead the election assault tearfully admitting she and that effort misled the American people. Her court appearance was live-streamed and repeated in a loop on television and social media.Looking ahead in the Georgia case, the judge just got back the five months that he had set aside for the Chesebro and Powell trial. Even if Mr. Trump manages to postpone appearing before a Georgia jury during that window, the trial of other defendants could begin within it — and certainly during 2024. That means Ms. Ellis and other existing and potential witnesses against Mr. Trump will likely be critical not only in the legal arena, but the political one.With Mr. Trump showing no signs of backing down from his claims of 2020 election fraud and a new election upon us, Ms. Ellis’s plea — like the televised Jan. 6 committee testimony of Cassidy Hutchinson, another Trump insider who turned on him with powerful effect — could be a potential turning point in the court of public opinion. When Mr. Trump’s lies are repeated in the future, in whatever venue, expect to see Ms. Ellis often.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate lawyer in Savannah, Ga.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 150 Shares129 Views

      in Elections

      Jenna Ellis Had Close Trump Ties Before Flipping in Georgia Election Case

      by

      Jenna Ellis, the lawyer who pleaded guilty and agreed to cooperate with the authorities in the Georgia prosecution, was closely involved in efforts to overturn the 2020 election.A few days before the 2020 election was slated to be certified by Congress, the lawyer Jenna Ellis sent President Donald J. Trump a memo suggesting a way he could stay in power by upending the normal course of American democracy.In the memo, Ms. Ellis, who had little experience in constitutional law, offered Mr. Trump advice he was also getting from far more seasoned lawyers outside government: to press his vice president, Mike Pence, who would be overseeing the certification ceremony at the Capitol on Jan. 6, 2021, not to open any Electoral College votes from six key swing states that Mr. Trump had lost.While Mr. Pence ultimately rejected Mr. Trump’s entreaties, state prosecutors in Georgia later accused Ms. Ellis of helping to develop a strategy for “disrupting and delaying” the election certification and with working closely with pro-Trump lawyers like Rudolph W. Giuliani as part of a sprawling racketeering case.On Tuesday, Ms. Ellis pleaded guilty to some of those charges at a court proceeding in Georgia, in which she tearfully agreed to work with the Fulton County District Attorney’s Office as it continues to prosecute Mr. Trump, Mr. Giuliani and more than a dozen other people.During her plea hearing, Ms. Ellis told the judge that she had relied on lawyers “with many more years of experience” than she had, a potentially ominous sign for Mr. Giuliani in particular.A spokesman for Mr. Giuliani did not immediately respond to a request for comment. With her guilty plea, Ms. Ellis became the fourth defendant — and the third lawyer — in the case to reach a cooperation deal with Fani T. Willis, the Fulton County district attorney. What began with a trickle last week, when two other pro-Trump lawyers — Sidney Powell and Kenneth Chesebro — pleaded guilty and agreed to turn state’s evidence, started to look a lot like a flood when Ms. Ellis appeared in court.While a person familiar with Ms. Ellis’s thinking described her as being extremely angry at Mr. Giuliani, her cooperation could be perilous for Mr. Trump as well. Ms. Ellis was on board with Mr. Trump’s team up until the end of his term in office — and he has since refused to help her with her legal bills. And unlike a number of people swirling around the former president, she had a direct relationship to Mr. Trump and was in contact with him at various points while he was in the White House.Indeed, if Ms. Ellis, Ms. Powell and Mr. Chesebro all end up taking the stand, they could paint a detailed collective portrait of Mr. Trump’s activities in the postelection period. Their accounts could include the thinking behind the frivolous lawsuits filed on his behalf challenging the results of the election and the role Mr. Trump played in a scheme to create false slates of electors claiming he had won states he did not.They could touch upon a brazen plot, rejected by Mr. Trump, to use the military to seize the country’s voting machines. And they could detail his efforts to strong-arm Mr. Pence into unilaterally throwing him the election on Jan. 6 — an effort that prosecutors say played a part in exciting the mob that stormed the Capitol.Steven H. Sadow, the lead lawyer representing Mr. Trump in the Georgia case, said the series of pleas shows “this so-called RICO case is nothing more than a bargaining chip” for the district attorney in charge of the prosecution, Fani T. Willis. He added that Ms. Ellis had pleaded guilty to a charge that was not part of the original indictment and that “doesn’t even mention President Trump.”A former prosecutor from a mostly rural county north of Denver, Ms. Ellis initially caught Mr. Trump’s eye by appearing on Fox News, where she beat the drum for some of his political positions — his immigration policy, among them. Mr. Trump formally brought her on as a campaign adviser in November 2019.The following year, she was among the people whom Mr. Trump often spoke with as Black Lives Matter protests erupted across the country, including in Washington. The local protests, some of which took place near the White House, enraged Mr. Trump and he looked for people to validate his desire to employ the force of the federal government to stop them.After Mr. Trump lost the election, Ms. Ellis quickly signed on with a self-described “elite strike force,” a group of lawyers that included Ms. Powell and Mr. Giuliani and began to push the false narrative that the presidential race had been rigged.In mid-November 2020, she appeared at a news conference in Washington where, as dark liquid dripped down Mr. Giuliani’s face, Ms. Powell laid out an outrageous conspiracy theory that a voting machine company called Dominion had used its election software to flip thousands of votes away from Mr. Trump to his opponent, Joseph R. Biden Jr.As Ms. Powell and other lawyers began to file a flurry of lawsuits challenging the election results, Ms. Ellis embarked on a kind of a traveling roadshow, accompanying Mr. Giuliani to key swing states for informal hearings with state lawmakers where they presented claims that Mr. Trump had been cheated out of victory.Over the span of about a week, in November and early December 2020, Ms. Ellis sat beside Mr. Giuliani at gatherings in Pennsylvania, Arizona, Michigan and Georgia. Their presence at these events, prosecutors say, was often coupled with direct appeals to state officials either to decertify the election results or to join in the so-called fake elector scheme.Even after Mr. Trump left office in 2021, he urged Ms. Ellis to keep alive the notion that he could be restored to the presidency.From Mar-a-Lago, his private club and residence in Florida, he encouraged various people — among them, conservative writers — to promote the idea that the efforts to overturn the results were not at an end and that there was still a possibility he could be returned to the White House.When Ms. Ellis posted on X that such a thing was impossible, Mr. Trump told her that her reputation would be damaged, a statement she took as pressure to reverse what she had said, according to a person with direct knowledge of the discussion.Mr. Trump, according to two people with direct knowledge of the discussion, conceded it was “almost impossible” but said that he wanted to keep the idea in circulation. It was an early sign of tension with the former president.Ms. Ellis has already said that she knowingly misrepresented the facts in several of her public claims that voting fraud had led to Mr. Trump’s defeat. Those admissions came as part of a disciplinary procedure conducted this spring by Colorado state bar officials. More