Howell, Beryl A

A federal judge found that Rudolph Giuliani had a history of hiding assets and that he must swiftly pay two Georgia election workers he was found to have defamed.A federal judge on Wednesday ordered Rudolph W. Giuliani to immediately pay the $148 million he owes to two former Georgia election workers for falsely accusing them of manipulating ballots after the 2020 election, citing concerns that he might “conceal his assets” if he were allowed to wait.The decision by the judge, Beryl A. Howell, was the latest legal defeat for Mr. Giuliani, who is facing an array of woes for his efforts three years ago to keep former President Donald J. Trump in office after his election defeat. But even though Judge Howell ordered speedy payment, there is no indication that Mr. Giuliani, whose long-running financial problems have only been intensifying, has anywhere near the amount he owes.On Monday, a few days after a jury in Washington imposed the damages on Mr. Giuliani, the election workers, Ruby Freeman and Shaye Moss, asked Judge Howell to waive the standard 30-day waiting period and force him to pay them as soon as possible.In their request to Judge Howell, the women, who are mother and daughter, said that Mr. Giuliani had already failed to obey other court orders in the case related to money that he owed them. They also noted that Mr. Giuliani, a onetime U.S. attorney and mayor of New York, was being hounded by his creditors, including his former lawyer, and was saddled by “significant debts threatening his personal solvency.”“There is especially good reason,” lawyers for the women wrote, “to believe that defendant Giuliani intends to evade payment of the judgment by any means he can devise.”In a 13-page order, Judge Howell agreed with virtually everything Ms. Freeman and Ms. Moss said about Mr. Giuliani, who admitted that he lied about the women in advance of his trial this month to determine damages in Federal District Court in Washington. Before the trial began, Judge Howell found that Mr. Giuliani was liable for defamation, civil conspiracy and intentional infliction of emotional distress.At the trial, Ms. Freeman and Ms. Moss described how they were subjected to a torrent of threats and racist abuse after Mr. Giuliani, then the personal lawyer to Mr. Trump, directed his millions of social media followers to watch a video of them in a Georgia vote counting center, asserting without any basis that they were cheating Mr. Trump as they counted votes on Election Day.“Giuliani just messed me up, you know,” Ms. Freeman told the jury.The decision on Wednesday to speed up the payments was warranted, Judge Howell wrote, given Mr. Giuliani’s history as an “uncooperative litigant.” The judge said he had a record of disregarding her orders to pay the women’s legal fees and costs related to requests for discovery material.“Giuliani feebly counters concerns about him hiding assets, stating that there is no evidence in the record of any attempt by him to dissipate assets,” she wrote. “This statement simply ignores the ample record in this case of Giuliani’s efforts to conceal or hide his assets.”While Mr. Giuliani could still appeal the damages awarded by the jury, Judge Howell pointed out that the sum the jurors came up with was actually “conservative.” As part of his appeal, he could ask for a stay of immediate payment — though, as Judge Howell noted, he would still have to post a surety bond to show that he was good for at least some portion of the money if he lost. More

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

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