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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

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      Groups increasingly use defamation law to ward off US election subversion

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      Groups seeking to protect US democracy from a renewed threat of subversion in the presidential race next year wield a new weapon against Donald Trump and his accomplices: the little-used law of defamation.Trump’s former lawyer Rudy Giuliani, the My Pillow CEO, Mike Lindell, and conspiracy theorist Dinesh D’Souza are among the individuals named in a spate of high-profile defamation cases targeting those who tried to overturn the 2020 election. Prominent rightwing media outlets such as Fox News and Gateway Pundit are also on the hook.Already the legal pain is mounting. Giuliani has been found liable for defaming two election workers in Georgia whom he falsely accused of criminally miscounting votes in 2020 in favour of Joe Biden.The case will go to trial in December with Giuliani facing possibly swingeing punitive damages.Lindell has notched up millions in legal fees in the $2bn defamation suits that have been brought against him by the voting machine firms Dominion and Smartmatic for falsely saying they rigged the count. His ongoing libel woes follow the April settlement in which Fox agreed to pay Dominion a shattering $788m for broadcasting similar lies.“This is lawfare,” Lindell protested in an interview with the Guardian. “Lawfare hasn’t been used in our country since the late 1700s, and that’s what they are doing.”The lawsuits are designed in part as a strategy of deterrence. Those pressing the libel suits hope that anyone contemplating a renewed assault on next year’s presidential election, in which Trump is once again likely to be the Republican candidate, will look at the potentially devastating costs and think twice.“We aim to demonstrate that there is no immunity for spreading intentional and reckless lies,” said Rachel Goodman, a lawyer with the non-partisan advocacy group Protect Democracy. “Ensuring accountability for intentional defamation is a crucial part of deterring election subversion from happening again in 2024.”Protect Democracy currently has five defamation suits on the go against individuals and outlets who propagated election denial. The defendants include Giuliani, the Gateway Pundit and the beleaguered undercover video outfit Project Veritas.D’Souza is being sued over his widely derided and debunked movie 2000 Mules. In it he depicted a Black voter in Georgia, Mark Andrews, as a “mule” who illegally deposited ballots in a drop box when in fact he legally delivered the votes of his own family.The fifth case concerns Kari Lake, the Arizona Republican who refused to accept her defeat in that state’s gubernatorial contest last year. The plaintiff is the top election official in Maricopa county, Stephen Richer, whom she falsely accused of injecting 300,000 phoney ballots into the count to swing the race against her.Defamation law has traditionally been sparingly used in the US, given the very high bar that plaintiffs have to meet. Under the 1964 supreme court ruling New York Times Co v Sullivan, they have to be able to show “actual malice” on behalf of the accused.“When lawsuits are brought against public figures they can only prevail if they can show that the speaker knew that the statements were false, or very likely false, and made recklessly without further investigation or caring for the truth,” said Eugene Volokh, a law professor at UCLA.The first Protect Democracy suit to reach trial will be that against Giuliani. A jury will convene in a federal court in Washington DC on 11 December to decide the scale of damages he will have to pay.Giuliani waged a “sustained smear campaign” against two Georgia poll workers in the 2020 count of absentee ballots, Protect Democracy alleged. The mother and daughter duo, Ruby Freeman and Shaye Moss, became the targets of a conspiracy theory in which they were said to have packed bogus ballots into “suitcases” which they then surreptitiously counted five times, transferring victory to Biden.Giuliani called their actions “the crime of the century”, and labeled them “crooks”.Georgia election officials and police investigators categorically disproved the falsehoods within 24 hours of Giuliani airing them. The suitcases turned out to be ballot storage boxes and the counting process was entirely normal, yet he continued to repeat the lies for months.Freeman and Moss faced a prolonged harassment campaign, including death threats from Trump supporters. At its peak, Freeman was compelled to flee her own home and to shutter her online business.In July, in an attempt to avoid disclosing evidence to the plaintiffs, Giuliani admitted that he had made defamatory statements and caused the pair emotional distress. The following month a federal judge ruled he was liable for defamation – leaving the jury to decide only the scale of damages.Goodman said the case summed up why Protect Democracy was bringing defamation suits against election denialists. “Ruby Freeman and Shaye Moss were Americans doing their civic duty, and they were put in the crosshairs of this election subversion machine – we should not stand for that.”Most defendants have tried to shield themselves behind the first amendment right to free speech. In Arizona, Kari Lake has attacked the lawsuit against her as an attempt to “punish or silence” her “core free speech about the integrity of the 2022 election”.In his Guardian interview, Lindell said: “I have a first amendment right. These defamation cases are damaging free speech – people are afraid to speak out, to come forward with anything.”Protect Democracy countered that the first amendment does not provide blanket protection for mendacity. “It does not protect those who knowingly spread lies that destroy reputations and lives,” Goodman said.Nina Jankowicz, an expert on disinformation, also rejects the idea that the first amendment shields reckless falsehoods. She is suing Fox News for what she claims were the “vitriolic lies” the channel spread about her in 2022 in her role as head of a newly created federal unit combatting misinformation.Jankowicz resigned from the Disinformation Governance Board, which was also disbanded, barely three weeks into the job. Her defamation complaint quotes the former Fox News star Tucker Carlson calling her a “moron” on air and labelling her unit “the new Soviet America”.Jankowicz said she took the decision to sue because she could see no other route to correct the public record. If there was a free speech component, she said, it was that her rights had been violated, not those of Fox News.“Their intention was to silence me, just as the defamation of election workers in Georgia was designed to silence them. That’s pretty un-American.”Fox has moved to have Jankowicz’s case dismissed, arguing that she has failed to meet the actual malice standard. A ruling is expected soon.The billion-dollar question is: can it work? Can the strategy of deploying defamation as a deterrent force denialists to think twice before they embark on renewed election subversion in 2024?Jankowicz, despite pressing ahead with her own libel suit, remains skeptical. “I haven’t seen any change in how these rumors and outright lies are being spread yet, and I do worry for 2024,” she said.She added that change would only come “when we see more big settlements, or juries siding with plaintiffs”.Parties accused of peddling anti-democratic lies certainly remain vociferous. The Gateway Pundit, the far-right website which Protect Democracy is suing for having published the same falsehoods as Giuliani about the Georgia poll workers, has used the lawsuit as a fundraising tool.Lindell said that he would never be silenced, and continued to insist that his statements about Dominion’s rigging of the 2020 election were “truths”. “I will continue to tell the truth, nothing’s going to stop me from speaking out. I’m not scared,” he said.There are though tentative signs of a shift in behavior. The far-right channel One America News backtracked on its lies about the Georgia poll workers last year after having settled its defamation suit with Freeman and Moss. Since then the outlet has been dropped by several major cable providers.In the wake of the huge defamation settlement between Fox and Dominion, Dinesh D’Souza and Trump himself complained that Fox News refused to give air time to 2000 Mules.Goodman is optimistic that defamation suits can help shore up the US’s shaken democratic norms. “This is about accountability as a way of ensuring that our democracy can get back on track,” she said. More

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      Ukraine MP linked to Rudy Giuliani charged with colluding with Russia

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      Ukrainian authorities have arrested a controversial MP who was at the heart of efforts by Rudy Giuliani to dig up compromising material about Joe Biden, and placed him in pre-trial detention.Oleksandr Dubinsky, 42, is accused of collusion with Russia and of spreading “fake” information about Ukraine’s political and military leadership, in particular related to his claims about supposed Ukrainian interference in US political processes.Ukrainian authorities announced the charges on Monday, and on Tuesday Dubinsky appeared in court in Kyiv, in a closed session.Later, the politician himself published a video on his Telegram account saying he had been sent to pre-trial detention for 60 days. He faces up to 15 years in jail if found guilty.Dubinsky was elected as an MP from president Volodymyr Zelenskiy’s Servant of the People party in 2019, but he was later kicked out of the party, accused of insubordination.Ukraine’s SBU intelligence service said on Monday it had arrested an MP on suspicion of treason, and said the suspect had allegedly been “conducting information and subversive activities in favour of Russia”.Former MP Andriy Derkach, and former prosecutor Kostiantyn Kulych, are also accused of being part of the network. Both are believed to be in hiding outside Ukraine.“The main task of this organisation was to take advantage of the tense political situation in Ukraine and discredit our state in the international arena,” the SBU statement said.“For this, the group received money from Russian military intelligence. This financing amounted to more than $10m [£8m].”.In late 2019, as impeachment charges against Donald Trump were being drafted, Dubinsky and Derkach held a series of press conferences in Kyiv, claiming they had uncovered corruption at a Ukrainian company where Biden’s son Hunter had previously sat on the board of directors.Giuliani, who was then the president’s personal lawyer, travelled to Ukraine and met Dubinsky and Derkach. Giuliani was looking for material that would exonerate Trump over allegations he had pressed Zelenskiy to launch an investigation into the Bidens and Ukraine. Giuliani also hoped to uncover evidence of corruption by the Bidens.In 2020, US authorities claimed Derkach had been an “active Russian agent” for more than a decade.In 2021, the US placed Dubinsky on a sanctions list, accusing him of working as part of a “Russia-linked foreign influence network” and of trying to undermine Biden’s 2020 election campaign. After the US designation, Dubinsky was kicked out of Zelenskiy’s party but continued to work as an MP.Dubinsky has long been considered a close ally of Ihor Kolomoisky, a billionaire oligarch who was a strong backer of Zelenskiy before his run for the presidency. Kolomoisky was arrested earlier this year on suspicion of fraud and money laundering.Dubinsky has denied all the charges and said evidence presented in the prosecution’s case was either falsified or obtained under pressure.“What is happening now is a simple matter. Political persecution for criticising the authorities, which I have been doing throughout my parliamentary career,” Dubinsky said in another video. More

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      Top Trump allies facing charges lose lawyers after failing to pay legal bills

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      A trio of top Donald Trump allies who have racked up huge legal expenses to defend themselves from either criminal charges, convictions or defamation lawsuits have lost key lawyers for failing to pay six- and seven-figure bills in a sign of the huge legal problems they face.The hefty legal bills of the ex-Trump adviser Steve Bannon, former Trump lawyer Rudy Giuliani and MyPillow CEO, Mike Lindell, underscore the scale of the criminal and civil charges that ensnare them.Welcome to the escalating legal and financial headaches plaguing three of the former US president’s top loyalists who pushed various false claims about his 2020 election loss to Joe Biden that helped provide cover for Trump’s election falsehoods.The list of legal woes is long.Bannon has a court appeal slated for November over his criminal conviction last year and pending four-month jail sentence for obstructing Congress by spurning a subpoena from the House panel that was investigating the January 6 insurrection.Bannon also faces a trial next May in New York related to state fraud, conspiracy and money-laundering charges that he bilked donors in a Mexican wall project, dubbed “We Build the Wall.”Meanwhile, Giuliani was charged in August with 13 criminal counts in Georgia by the Fulton county district attorney, Fani Willis, who also charged Trump and 17 others as part of a conspiracy to thwart Trump’s 2020 loss there. Pressures on Giuliani escalated in October when three other ex-Trump lawyers he worked with in varying ways agreed to plead guilty and cooperate with prosecutors.Further, Lindell is fighting $2bn defamation lawsuits by electronic voting machine firms he has claimed helped rig the 2020 against Trump, which have cost him millions of dollars in legal fees owed to a Minneapolis law firm.In October, the law firm formally asked a court to allow it to withdraw from representing Lindell in these cases, citing millions of dollars it was owed.On another legal front, a top lawyer for Bannon and Giuliani has ditched them and filed big claims for monies owed. Robert Costello and his firm, which has represented both Giuliani and Bannon, have filed separate claims against the duo, respectively, for $1.4m and $480,000.A court judgment has been issued against Bannon for the $480,000, which he is fighting with the help of lawyer Harlan Protass. It is unclear when and how much Giuliani may pay Costello and his firm. But a legal source familiar with Giuliani’s seven-figure debt faults Trump not Giuliani for the unpaid bill, claiming that Trump at a meeting with Costello and Giuliani earlier this year in Florida said he would “take care of” Giuliani’s legal bill.On top of their past-due legal bills, Giuliani and Bannon now are also locked in other high-stakes legal battles.In Georgia, Giuliani’s legal situation seems to have become more perilous: lawyers Jenna Ellis, Kenneth Chesebro and Sidney Powell who worked in varying ways with Giuliani as he pushed false claims in Georgia and elsewhere about Trump’s loss, pleaded guilty in October, and agreed to cooperate with Willis’s officeGiuliani has called his indictment a “travesty”, but ex-prosecutors say that he faces new pressures in the wake of other Trump lawyers’ plea deals.“As expected, the dominoes have started to fall in Georgia with three plea agreements by key Trump lawyers who in different ways worked with Rudy,” Paul Pelletier, the ex-acting chief of the fraud section at the justice department, told the Guardian.“Rudy too may want to plead and cooperate to reduce his exposure, but no prosecutor in their right mind would use him as a cooperating witness. There’s simply no way to undo the entrenched legacy of his outlandish behavior.”Other ex-prosecutors concur that Giuliani’s credentials as a witness are tarnished.“Rudy’s under huge pressure, but he’s unlikely to flip because that would be the rational thing to do,” ex-prosecutor Paul Rosenzweig told the Guardian.Still some justice department veterans say Giuliani may try to cut a deal.“Giuliani must be concerned that Powell and Ellis will testify against him and add to the likelihood of conviction,” said Barbara McQuade, a former US attorney for eastern Michigan, told the Guardian. “It may not be in Giuliani’s DNA to admit wrongdoing, but now would be the time to pursue a deal from Fani Willis if he is willing to plead guilty.”Giuliani reportedly has not been offered a plea deal so far, and Giuliani’s spokesman has nixed the idea of accepting one.In another blow in Georgia, Giuliani was found liable in August for making defamatory comments about two Georgia election workers, and later ordered to pay their legal fees and turn over evidence to them.Further, the voting technology firm Smartmatic in August skewered Giuliani in court filings, charging him with making up “excuse after excuse” to avoid handing over documents in its $2.7bn defamation lawsuit against him, Fox News, and others who pushed lies about the 2020 election results.skip past newsletter promotionafter newsletter promotionDespite his mounting problems, Giuliani has kept some longtime allies. John Catsimatidis, the billionaire owner of WABC radio, where Giuliani has a daily radio program, told the Guardian that Giuliani “earns good money with us. He gets paid monthly.” Catsimatidis added that: “I pray he’s found innocent.”Although Bannon’s legal problems differ, they are just as intense, if not more so.The combative Trump ally, known for his far-right War Room podcast, was convicted last year and sentenced to four months in jail for obstruction of Congress by flouting subpoenas to cooperate with the House January 6 panel.Bannon appealed the conviction and a court hearing is slated for November.Although Judge Carl Nichols, in granting Bannon an appeal of his conviction, left the door open to a possible reversal or new trial, ex-prosecutors do not think Bannon’s conviction is likely to be reversed.“I think Bannon‘s conviction is on very solid ground,” McQuade told the Guardian. “He failed to even appear when subpoenaed by Congress. If he thought he had a good faith basis for a testimonial privilege, the way to assert it would have been to show up and answer all other questions, and to assert the privilege on a question-by-question basis. He failed to do even that.“Moreover, because he was not an executive branch employee during the relevant time period, his claims of executive privilege are flimsy to nonexistent.”Other ex-prosecutors are dubious that Bannon’s appeal will succeed.“Even though Judge Nichols said Bannon’s appeal was serious, it is not. Bannon has almost no chance of overturning his conviction. He’s manifestly guilty,” Rosenzweig told the Guardian.Separately, Bannon is due to stand trial next May on New York state charges that he defrauded donors to his non-profit “We Build the Wall” project, which already has led to three pleas or convictions of Bannon associates.Bannon’s trial will be in the same court in Manhattan that ruled he owed Costello’s law firm $480,000. His lawyer is slated to be Protass, who is appealing the court’s fee decision against Bannon which he has called “clearly wrong”.Bannon has pleaded not guilty to the charges of defrauding donors.Right before Trump left office in early 2021 he pardoned Bannon, who had been indicted on similar federal fraud charges for his role in “We Build the Wall”.Notwithstanding his mounting legal threats, Bannon remains an aggressive and busy Trump ally. In October, he used his War Room podcast to host some of Trump’s most far-right Maga allies like the Florida representative Matt Gaetz, who played a key role in ousting the former House speaker Kevin McCarthy.Some ex-Republican congressmen view Bannon as a disruptive, pro-Trump political force. “Bannon always struck me as a leader of the nihilist wing of the GOP coalition,” ex-Republican congressman Charlie Dent told the Guardian. “His intervention with the speaker’s race was clearly a problem and advanced Trump’s interest in the House.”“He’s like Trump: all grievances, all the time.” More

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      Kevin McCarthy’s historic ouster as US House speaker was a tragedy foretold

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      “In the past, those who foolishly sought power by riding the back of the tiger ended up inside.” These words, delivered at the US Capitol by president John F Kennedy in his 1961 inaugural address, seemed particularly apt on Tuesday.Kevin McCarthy’s ousting as speaker of the House of Representatives was a personal tragedy foretold. The first seeds of destruction had been planted when, days after declaring Donald Trump responsible for the January 6 insurrection, McCarthy went grovelling at Trump’s Mar-a-Lago estate in Florida and made his pact with the devil.Then came last year’s midterm elections when, thanks to Trump’s assault on democracy and his rightwing supreme court’s assault on abortion rights, Republicans underperformed and squeezed out only a narrow majority, handing extremists a huge influence.The power-hungry McCarthy was elected speaker after an epic 15 rounds of voting and, minutes later, publicly paid tribute to Trump for working the phones to help him secure victory. But he had cut a deal with the far right that would come back to bite him, including rules that made it easier to challenge his leadership.McCarthy then spent nine months trying to govern an ungovernable party, described by former Barack Obama strategist David Axelrod as the “Lord of the Flies caucus”. As the Democratic minority leader Hakeem Jeffries has noted, the House Republican caucus is in a state of civil war.It is further proof that the political consultant Rick Wilson was on to something when he wrote a book titled Everything Trump Touches Dies. After sneaking a win in the electoral college in 2016 while losing the national popular vote, Trump has repeatedly been a grim reaper for his party’s fortunes in 2018, 2020 and 2022.The toadies who have shown extreme loyalty to Trump have usually regretted it. His fixer Michael Cohen went to prison. His vice-president, Mike Pence, could have been hanged on January 6 and is now condemned to the purgatory of explaining to half-empty rooms why he should be president. Rudy Giuliani, Mark Meadows and other January 6 co-conspirators face possible jail time.Now McCarthy, who purported to be restraining Trump’s worst impulses, has become the first speaker of the US House in history to be forced out of the job. Trump did nothing to spare him the humiliation. McCarthy destroyed any hope of being rescued by Democrats by announcing a baseless impeachment inquiry into Joe Biden and blaming them for trying to shut down the government.Maxwell Frost, a Democratic congressman from Florida, wrote on X, the platform formerly known as Twitter: “The Speaker did this to himself by lying to both Democrats AND Republicans. Speaker McCarthy will go down in history as the weakest Speaker in the history of our country.”No one who has been following US politics in the self-destructive, nihilistic, eat-one’s-own age of Trump will be surprised by Tuesday’s events. Words such as “historic” or “unprecedented” will have to be retired. There is no obvious heir apparent.The Lincoln Project, an anti-Trump group, summed it up: “The Republican party of Trump cannot govern at any level; The Maga parasite is eating them alive. There will be a reckoning for the GOP as the next Speaker will be even more of a Maga apologist because that’s what the party demands. No one is coming to the rescue who has the courage to tell the truth, only cowards who hide behind the chaos and pretend to look busy.”It is a recipe for more days or perhaps weeks of inertia in Congress, which instead of tackling social inequality or supporting Ukraine will be consumed with factional infighting. America’s long march of democratic decay continues. More