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      Rudy Giuliani defamation trial: jury deliberating on damages for former election workers – live

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      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.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.
      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.”
      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.”
      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.”
      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. 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 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.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.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.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.”
      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.He went on to add that racist and violent vitriol does not “naturally flow” from Giuliani, Buchman reports.Sibley also said that Giuliani “is a good man,” adding, “I know some of you may not think that.”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 added that Giuliani “showed up, it’s not like he completely didn’t participate in the litigation,” Buchman reports.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. More

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      Jury in Rudy Giuliani defamation trial urged to send message: ‘Don’t do it’

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      A Washington DC jury should “send a message” to other powerful people by issuing substantial damages 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.Gottlieb asked the jury to award Freeman and Moss each at least $24m in damages to repair the damage to their reputation Giuliani caused by spreading lies about them after the 2020 election. He urged the jury to use their best judgment to determine how much to award in additional punitive damages to award as well as damages for intentional infliction of emotional distress.“Rudy Giuliani used his power to scapegoat Ruby Freeman and Shaye Moss,” Gottlieb said. “He didn’t see them as human beings.”“He has no right to offer defenseless civil servants up to a virtual mob in order to overturn an election,” he added.In a reversal, Giuliani’s attorney announced he would not take the witness stand on Thursday. “We feel like these women have been through enough,” Joseph Sibley, Giuliani’s attorney, said in court.In his closing statement, Sibley sought to distance Giuliani from the threats and harassment Freeman and Moss endured. Instead, he laid the blame at the far-right news outlet The Gateway Pundit which he said was the first place Freeman and Moss were identified by name and urged readers to harass them. Freeman and Moss are separately suing the outlet for defamation in a Missouri court.“More likely than not, this is the party that sort of doxxed these women,” he said.Sibley acknowledged Giuliani had wronged Moss and Freeman, but urged the jury to judge the former New York City based on the context of his whole career.“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.”Invoking Abraham Lincoln’s call of “malice towards none and charity for all” he said that the jury should issue more moderate damages to send a message of compassion to the country during a moment of political divisiveness. Unmentioned, of course, was that Giuliani and Donald Trump have played a key role in creating that divisiveness with vitriolic rhetoric.Todays closing arguments mark the end of a closely watched trial that is seen as another key test of the ability of defamation law to police election misinformation.Throughout the week, Moss and Freeman, gave harrowing testimony about how Giuliani’s lies upended their lives. Among other things, Moss said she was afraid to go anywhere alone and Freeman said she was afraid to give anyone her name and still wears a mask and sunglasses in public so she will not be recognized.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.Sibley, Giuliani’s attorney, has sought to undercut claims that Freeman and Moss need millions of dollars to repair their reputation and that they suffered harm that amounts to such a high sum.Giuliani was twice reprimanded by Howell this week for statements he made outside the courthouse. On Monday, he said he would prove what he said about Moss and Freeman was true. On Tuesday, he attacked lawyers representing Moss and Freeman.“When I testify, you’ll get the whole story and it will be definitively clear what I said was true and that whatever happened to them, which was unfortunate if other people overreacted, but everything I said about them is true,” he had said on Monday. “Of course I don’t regret it, I told the truth.”That never came to fruition. Gottlieb made sure the jury noticed.“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,” Gottlieb said in his closing statement. “They opened themselves up to you and the public, and unlike some other people, they testified here under oath.” More

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      Rudy Giuliani faces third day of trial for defaming Georgia election workers

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      The third day of a federal trial against Rudy Giuliani for defamation against two Georgia election workers begins on Wednesday after a day of harrowing testimony from Shaye Moss, whose life was upended after Giuliani spread election lies about her.Moss and Ruby Freeman are suing Giuliani for his claims, from which the former New York City mayor and Trump ally has not backed down this week. After the first day of trial, Giuliani doubled down on his claims, saying they were true, leading the judge to question Giuliani’s mental fitness.Just as they have been all week, Moss, Freeman and Giuliani are in the courtroom. Moss and Freeman are sitting next to each other at a table with their lawyers. Freeman’s back is to Giuliani, who is sitting at a table parallel to them with his lawyer.Freeman is expected to testify later today.Both women are seeking up to $43m in damages over Giuliani’s false claims that accused them of fraudulently counting mail-in ballots, a sum that Giuliani’s lawyer said would be like a “death penalty” for his client.Ashlee Humphreys, a professor at Northwestern who studies social media, is the first witness on Wednesday. She is expected to testify about how she calculated the damages Moss and Freeman are entitled to.The case is seen as a test for one avenue pro-democracy groups are using to try to hold election deniers accountable for the consequences of spreading conspiracy theories. More

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      Rudy Giuliani faces damages claim in 2020 election defamation case – live

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      The latest polling also showed that potential voters have concerns with both leading nominees. The surveys found that the majority of potential voters in Michigan and Georgia believe that Biden lacks the “sharpness” and “stamina” needed for a president. Voters in both battleground states also believe that Trump did not have the right “temperament” to be president.From the Hill:
      The surveys also highlighted potential problem areas for each candidate, with 69 percent of Michigan voters and 66 percent of Georgia voters saying Biden does not have the sharpness and stamina they want to see in a president. Fifty-seven percent of Michigan voters and 58 percent of Georgia voters said Trump’s temperament is not what they are looking for in a president.
      Read the full article here.Donald Trump is leading Joe Biden in new polls surveying battleground states, the Hill reports.The latest polls by CNN found that Trump had a 10 point lead over Biden in Michigan, with 50% of responders saying they would vote for Trump in the 2024 election versus only 40% for Biden.In Georgia, 49% of responders said they would support Trump compared to only 44% for Biden.Both Biden and Trump are leading their party’s nomination for the general presidential election, with 2024 shaping up to be a rematch of the 2020 election.Rudy Giuliani has taken his seat in a federal courtroom in Washington where jury selection is about to begin in a weeklong trial to determine how much in damages he should have to pay two Atlanta election workers he defamed last year.The former New York City mayor could pay anywhere between $15 and $43m in damages to Ruby Freeman and Shaye Moss, a mother and daughter he spread false lies about them after the election.Included in the questions potential jurors will be asked is “Do you believe that Joseph R. Biden’s election as president of the United States in 2020 was illegitimate?” and “Have you ever used the phrase “Let’s Go Brandon” or the term or hashtag “WWG1WGA”?Opening statements in the trial are expected this afternoon. The trial is expected to wrap up by Friday.Giuliani has just arrived to his trial in federal court today, which will determine how much the ex-Trump lawyer will pay in damages after being found liable of defamation in August.Giuliani is expected to testify at some point during the week-long trial, though it isn’t clear if Giuliani will invoke his Fifth Amendment rights while testifying, CNN reports.Meanwhile, the legal team of Freeman and Moss will play videos of other Trump figures pleading the Fifth while refusing to answer questions on the stand.Giuliani is reportedly having trouble paying off mounting legal debts. He is currently selling his $6.5m New York apartment to help square away litigation costs.As of October, Giuliani owed more than $500,000 in unpaid taxes to the Internal Revenue Service (IRS), Forbes reported.Rudy Giuliani will be defending himself in federal court on Monday against a defamation lawsuit filed against him for false comments he made about two Georgia election workers after the 2020 election.The week-long trial starting Monday in Washington DC will be to determine how much Giuliani will pay in damages for inflammatory remarks he made against Ruby Freeman and her daughter Shaye Moss, two Black election workers in Fulton county.Giuliani is expected to testify in his defense.While serving as head of Trump’s legal team, Giuliani falsely claimed that Freeman and Moss counted 2020 election ballots after tallying had wrapped, sharing misleading security video that was later debunked by Georgia election officials.Freeman and Moss say they faced death threats following Giuliani’s comments, and strangers came to Freeman’s house to enact a “citizen’s arrest”.Giuliani has already been found liable of defamation in August. The latest trial is to determine how much Giuliani will pay in damages, with Freeman and Moss seeking between $15m and $43.5m in damages.Jury selection and opening statements for the damages trial are expected today.Here’s what else is happening:
      Biden is traveling to Philadelphia on Monday to announce a federal grant for the city’s fire department.
      Ukraine’s president Volodymyr Zelenskiy will arrive in the US for a last-ditch attempt to break a deadlock on Ukraine aid. More

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      Rudy Giuliani faces trial over defamation of 2020 election workers

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      Rudy Giuliani arrived slightly late to the Washington DC federal courtroom where a defamation lawsuit seeking to force him to pay tens of millions of dollars in damages to two election workers after making inflammatory false statements about them in the aftermath of the 2020 election.Ruby Freedman and her daughter Shaye Moss, the two Black election workers from Fulton county who said they faced death threats because of Giuliani’s claims, were also in the courtroom on Monday.Giuliani has already conceded he made the defamatory statements and the US district judge Beryl Howell, who is overseeing the case, has already found him liable for defamation, so the week-long jury trial will focus on what penalty he should have to pay. Freeman and Moss are seeking between $15m and $43.5m in damages. Jury selection and opening statements are expected on Monday.The case is significant because it is one of the most aggressive and advanced efforts to get accountability from Donald Trump allies who spread lies about the election as part of the ex-president’s efforts to overturn the 2020 election. It is one of several cases testing whether defamation law can be used as a new tool to combat misinformation. And perhaps more than any other episode in the chaotic aftermath of the 2020 election, it crystallizes the human toll of election denialism. Giuliani also faces criminal charges in Georgia as part of the wide-ranging case there over Trump’s efforts to turn the election.After the 2020 election, Giuliani had amplified and circulated misleading security footage he claimed showed Freeman and Moss counting ballots after tallying had ended on election night. Even after Georgia election officials quickly debunked the claim, Giuliani continued to spread the false claims.Freeman and Moss say their lives were upended as they became the subject of vicious attacks. They faced death threats, and strangers came to Freeman’s home to try to execute a “citizen’s arrest”.Freeman told the US House committee that investigated the January 6 attack that she was afraid to give her name in public. On election night in 2020, she was wearing a shirt that proudly proclaimed her name, but she now refuses to wear it in public.“I won’t even introduce myself by my name any more. I get nervous when I bump into someone I know in the grocery store who says my name. I’m worried about people listening. I get nervous when I have to give my name for food orders. I’m always concerned of who’s around me,” she told the committee.“There is nowhere I feel safe. Nowhere. Do you know how it feels to have the president of the United States target you?”Moss told Reuters in 2021 that she suffered anxiety and depression, and her son, who used a cellphone with a phone number once registered to her, started receiving death threats and began failing in school.Both women have not spoken much publicly since the 2020 election, but are expected to take the witness stand this week.skip past newsletter promotionafter newsletter promotionGiuliani has already conceded he made false statements about Freeman and Moss. But he argues that he is not responsible for the harm they suffered as a result of his false statements. “Giuliani will argue that Plaintiffs cannot show more than a de minimis relationship between their alleged harm and Giuliani’s conduct,” his lawyers wrote in a court filing in November.Giuliani has also already been sanctioned more than $200,000 for refusing to turn over documents as part of the lawsuit. Howell, the judge, also berated Giuliani’s attorney last week after Giuliani failed to show up for a hearing.He is also expected to testify during the trial, and his lawyer indicated last week that the former New York City mayor does not plan to invoke his fifth amendment rights during the proceeding.The original lawsuit, filed in December 2021, sought damages from both Giuliani and One America News, the far-right channel that spread countless pieces of misinformation after the 2020 election. Freeman and Moss settled with OAN in 2022. While the terms of the agreement haven’t been publicly disclosed, the network acknowledged on air shortly after that there was no widespread voter fraud in Georgia in 2020. More

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      What price will Rudy Giuliani pay for smearing Georgia election workers?

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      Rudy Giuliani, the politician who was once lauded as “America’s mayor” but descended into the rabbit hole of Donald Trump’s election denial lies, will face a Washington DC jury on Monday in a landmark case which could see him saddled with millions of dollars in damages.For the first time at trial, Giuliani will be confronted in a federal district court with the consequences of the conspiracy theories he disseminated as Trump’s 2020 election lawyer. He will come eye-to-eye with the mother and daughter poll workers from Georgia who claim that he destroyed their lives and caused them ongoing emotional distress by maliciously accusing them of election fraud.The stakes of the civil trial are exceptionally high. The plaintiffs are asking the jury to set damages of up to $43m as punishment for Giuliani’s “outrageous conduct”.Legal experts and democracy advocates will also be watching closely to see whether a rarely used complaint of defamation can act as a deterrent on anyone contemplating another round of election denial in next year’s presidential election and beyond. There could also be ramifications for the Rico organised crime prosecution that Giuliani is facing in Fulton county, Georgia, that also relates to his actions in the 2020 election.After jury selection and opening statements on Monday, there will be three days of testimony in the DC trial. Headlining the witness list are the poll workers themselves, Ruby Freeman and her daughter, Shaye Moss.“While nothing will fully repair all of the damages that Giuliani and his allies wreaked on our clients’ lives, livelihoods and security, they are eager and ready for their day in court to continue their fight for accountability,” said the women’s legal representatives at Protect Democracy, a non-partisan advocacy group.Freeman and Moss became household names after they gave a moving televised account to the House investigation into the 6 January 2021 insurrection at the US Capitol. They recounted how their lives had been turned upside down by Giuliani’s relentless attacks.“Be glad it’s 2020 and not 1920,” Moss, who is African American, told the hearing, invoking the history of lynching in the deep south.Giuliani has already been found liable by the judge presiding in the case, Beryl Howell, for smearing the poll workers, intentionally inflicting emotional distress on them, and engaging in a conspiracy with at least two others to defame them. It now falls to the jury to decide the scale of damages.Giuliani defamed the poll workers by accusing them falsely of criminal misdeeds during the critical count of presidential election votes in the State Farm Arena in Atlanta. As one of the key swing states in the 2020 race, Georgia’s 16 electoral college votes had the potential to determine whether Trump or Joe Biden would be the next occupant of the White House.As part of the Trump team’s extensive efforts to undermine the election count and thereby foil Biden’s victory, Giuliani bore down on Freeman and Moss. He helped circulate a misleadingly edited tape of security footage from the arena which he inaccurately claimed showed them stealing votes for Biden.He propagated the “Suitcase Gate” conspiracy theory – a video that falsely claimed to show the poll workers removing phoney ballots from suitcases stored under their table, then counting them “three, four, five, six, seven times …” The court will be shown a sample of the ginger mint that Freeman passed to Moss during the counting process – Giuliani claimed it was a USB drive used to change the vote count on electronic tabulation devices.His wild claims were fully debunked by Georgia officials at the time he was making them. In June a full investigation by the state’s election board cleared Freeman and Moss of any wrongdoing and dismissed Giuliani’s fraud claims as “unsubstantiated”.skip past newsletter promotionafter newsletter promotionDespite the official pushback, Giuliani continued to attack the pair. In several hours of scheduled testimony, mother and daughter are expected to describe to the jury the storm of death threats and harassment they and their families suffered – and continue to suffer – in the wake of the smear campaign.In the fallout, they were forced to flee their homes, go into hiding and change their appearance. Moss quit her job as a poll worker.Giuliani’s lawyers have indicated that he may testify in person at the trial. If he does so he will not be allowed to repeat any of the defamatory slurs about the plaintiffs, as he has already accepted that he defamed them.His lawyers have indicated that he will, though, attempt to show that his actions had minimal connection to the blizzard of violent threats and harassment that the women have endured. That way he will hope to minimize the damages awarded by the jury.Several other former members of the legal team in Trump’s 2020 re-election campaign are also likely to be called upon during the trial, with their testimony drawn from depositions. They include the former New York police commissioner Bernard Kerik, Jenna Ellis, who has been charged alongside Giuliani in the Fulton county Rico case, and Christina Bobb.Court documents show that Ellis refused to answer questions from Freeman and Moss’s lawyers during her deposition. She pleaded the fifth amendment right to remain silent 448 times. More

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      Georgia prosecutors predict jail sentences in Trump 2020 election case

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      Fulton county prosecutors have signaled they want prison sentences in the Georgia criminal case against Donald Trump and his top allies for allegedly violating the racketeering statute as part of efforts to overturn the 2020 election results, according to exchanges in private emails.“We have a long road ahead,” the Fulton county district attorney, Fani Willis, wrote in one email. “Long after these folks are in jail, we will still be practicing law.”The previously unreported emails, between Willis and defense lawyers, open a window on to the endgame envisioned by prosecutors on her team – which could inform legal strategies ahead of a potential trial next year, such as approaches toward plea deal negotiations.Prosecutors are not presently expected to offer plea agreements to Trump, his former White House chief of staff Mark Meadows and his former election lawyer Rudy Giuliani, but left open the possibility of talks with other co-defendants, the Guardian previously reported.The emails also underscore the increasing breakdown in trust with a growing number of defense lawyers who have regarded prosecutors’ tactics – including Willis assuming she will win – as inappropriately aggressive and presumptuous given the case remains months from a potential verdict.The district attorney raised the prospect of defendants in prison in a 29 November exchange, which started with Trump’s lawyer Steve Sadow complaining about an incomplete Giuliani transcript the defense received in discovery, according to two people with direct knowledge of the emails.Willis responded that the defense lawyers would receive the full transcript in the next production of discovery and, in increasingly tense exchanges, took offense that she was not being referred to by her formal title as well as the implicit accusation that they were withholding evidence.“No one placed me here and I have earned this title,” Willis said, apparently taking umbrage that she was not referred to specifically as the district attorney, but as a prosecutor. “I’ve never practiced law by hiding the ball, I’ve enjoyed beating folks by making sure they have the entire file.”The email took a turn when Willis added that they should remain professional because their legal careers would continue even after the election case co-defendants went to jail. Willis signed off: “yours in service”.Trump and 18 co-defendants in August originally pleaded not guilty to charges that they violated Georgia’s state racketeering statute as they sought to overturn the 2020 election. In the following weeks, four of the 18 negotiated plea deals and extricated themselves from the case.The remark about jail caused consternation with some of the defense lawyers, who have been aghast that the district attorney’s office would throw around what they took as a prison threat in a cavalier manner, according to multiple people familiar with the situation.skip past newsletter promotionafter newsletter promotionA spokesperson for Willis declined to comment.Relations between prosecutors and defense lawyers have been particularly strained in recent weeks, people close to the case have said, mainly since several media outlets published videotaped “proffer” statements that the former Trump lawyers Jenna Ellis, Sidney Powell and Kenneth Chesebro gave as part of plea deals.The district attorney’s office had privately believed Trump’s team leaked the videos, only to be surprised when the lawyer for the former Coffee county elections official Misty Hampton acknowledged at a court hearing that he had disseminated videos to a certain news outlet.The leak of the proffer statements prompted prosecutors to seek an emergency protective order on discovery materials and to refuse to provide copies of any future proffer videos to defense lawyers, who would instead have to view them in the district attorney’s offices in Atlanta.In the separate federal 2020 election subversion case brought against Trump in Washington, the discovery materials were subject to a protective order almost as soon as Trump was charged. But special counsel prosecutors have not forced Trump’s lawyers to only view the discovery in person.The Fulton county superior judge Scott McAfee, who is presiding in the case, ultimately agreed to impose a protective order governing the release of discovery materials marked as “sensitive”, though the threat to only have proffer videos available in the district attorney’s offices was dropped. More

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      Georgia prosecutors oppose plea deals for Trump, Meadows and Giuliani

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      Fulton county prosecutors do not intend to offer plea deals to Donald Trump and at least two high-level co-defendants charged in connection with their efforts to overturn the 2020 election in Georgia, according to two people familiar with the matter, preferring instead to force them to trial.The individuals seen as ineligible include Trump, his former White House chief of staff Mark Meadows, and Trump’s former lawyer Rudy Giuliani.Aside from those three, the Fulton county district attorney Fani Willis has opened plea talks or has left open the possibility of talks with the remaining co-defendants in the hope that they ultimately decide to become cooperating witnesses against the former president, the people said.The previously unreported decision has not been communicated formally and could still change, for instance, if prosecutors shift strategy. But it signals who prosecutors consider their main targets, and how they want to wield the power of Georgia’s racketeering statute to their advantage.A spokesperson for the district attorney’s office declined to comment.Trump and 18 co-defendants in August originally pleaded not guilty to a sprawling indictment that charged them with violating the Rico statute in seeking to reverse his 2020 election defeat in the state, including by advancing fake Trump electors and breaching voting machines.In the weeks that followed, prosecutors reached plea deals in quick succession with the former Trump lawyers Sidney Powell, Jenna Ellis and Kenneth Chesebro – who all gave “proffer” statements that were damaging to Trump to some degree – as well as the local bail bondsman Scott Hall.The plea deals underscore the strategy that Willis has refined over successive Rico prosecutions: extending offers to lower-level defendants in which they plead guilty to key crimes and incriminate higher-level defendants in the conspiracy pyramid.As the figure at the top of the alleged conspiracy, Trump was always unlikely to get a deal. But the inclusion of Meadows and Giuliani on that list, at least for now, provides the clearest roadmap to date of how prosecutors intend to take the case to trial.The preference for the district attorney’s office remains to flip as many of the Trump co-defendants as possible, one of the people said, and prosecutors have asked the Fulton county superior court judge Scott McAfee to set the final deadline for plea deals as far back as June 2024.At least some of the remaining co-defendants are likely to reach plea deals should they fall short in their pre-trial attempts to extricate themselves from Trump, including trying to have their individual cases transferred to federal court, or have their individual charges dismissed outright.The prosecutors on the Trump case appear convinced that they are close to gaining more cooperating witnesses. In recent weeks, one of the people said, prosecutors privately advised the judge to delay setting a trial date because some co-defendants may soon plead out, one of the people said.On Monday, former Trump lawyer and co-defendant John Eastman asked the judge to allow him to go to trial separately from the former president, and earlier than the August 2024 trial date proposed by prosecutors. Eastman also asked for the final plea deal deadline to be moved forward.The court filing from Eastman reflected the apparent trepidation among a growing number of Trump allies charged in Fulton county about standing trial alongside Trump as a major Rico ringleader, a prospect widely seen as detrimental to anyone other than Trump.In a statement, Trump’s lawyer Steve Sadow suggested the former president was uninterested in reaching a deal. “Any comment by the Fulton county district attorney’s office offering ‘deals’ to President Trump is laughable because we wouldn’t accept anything except dismissal,” Sadow said.But the lack of a plea deal would be a blow to Meadows. The Guardian previously reported that the former Trump White House chief of staff has been “in the market” for a deal in Georgia after he managed to evade charges in the federal 2020 election subversion case in Washington after testifying under limited-use immunity.It was unclear why prosecutors are opposed to negotiating with Meadows, though the fact that he only testified in Washington after being ordered by a court suggested he might only be a reluctant witness. Meadows’s local counsel did not respond to a request for comment on Monday night.The lawyers for Giuliani, meanwhile, have long said he never expected a plea deal offer. Giuliani’s associates have also suggested he wanted to remain loyal to Trump, who is scheduled to host a dinner at Mar-a-Lago in December to raise money to pay for his compounding legal debts. More