More stories

  • in

    Rudy Giuliani found to be in contempt of court again for 2020 election lies

    Rudy Giuliani was found in contempt of court on Friday for continuing to spread lies about two former Georgia election workers after a jury awarded the women a $148m defamation judgment.Federal judge Beryl Howell in Washington DC is the second federal judge in a matter of days to find the former New York City mayor in contempt of court.Howell found that Giuliani violated court orders barring him from defaming Wandrea “Shaye” Moss and her mother, Ruby Freeman. She ordered him to review trial testimony and other materials from the case and warned him that future violations could result in possible jail time.A statement from Giuliani’s attorney, Ted Goodman, said: “The public should know that mayor Rudy Giuliani never had the opportunity to defend himself on the facts in the defamation case.“This is an important point that many Americans still don’t realize due to biased coverage and a campaign to silence Mayor Giuliani. This contempt ruling is designed to prevent Mayor Giuliani from exercising his constitutional rights.”Moss and Freeman sued Rudy Giuliani for defamation for falsely accusing them of committing election fraud in connection with the 2020 election. They said his lies upended their lives with racist threats and harassment.A jury sided with the mother and daughter, who are Black, in December 2023 and awarded them $75m in punitive damages plus roughly $73m in other damages.Attorneys for the plaintiffs asked Howell to impose civil contempt sanctions against Giuliani after they said he continued to falsely accuse Moss and Freeman of committing election fraud in connection with the 2020 election.Shortly before Friday’s hearing began, Giuliani slammed the judge in a social media post, calling her “bloodthirsty” and biased against him and the proceeding a “hypocritical waste of time”.On Monday in New York, Judge Lewis Liman found Giuliani in contempt of court for related claims that he failed to turn over evidence to help the judge decide whether he can keep a Palm Beach, Florida, condominium.Giuliani, who testified in Liman’s Manhattan courtroom on 3 January, said he didn’t turn over everything because he believed the requests were overly broad, inappropriate or even a “trap” set by the plaintiffs’ lawyers.Giuliani, 80, said in a court filing that before Friday’s hearing that he was having travel-related concerns about his health and safety. He said he gets death threats and has been told to be careful about traveling.“I had hoped the Court would understand and accommodate my needs. However, it appears I was mistaken,” he said in the filing.On the witness stand during Giuliani’s trial, Moss and Freeman described fearing for their lives after becoming the target of a false conspiracy theory that Giuliani and other Republicans spread as they tried to keep Donald Trump in power after he lost the 2020 election to Democrat Joe Biden. Trump, for whom Giuliani has previously worked as an attorney, won November’s White House election against the vice-president, Kamala Harris, and will be sworn in for a second Oval Office term on 20 January.Moss told jurors she tried to change her appearance, seldom leaves her home and suffers from panic attacks.“Money will never solve all my problems,” Freeman told reporters after the jury’s verdict. “I can never move back into the house that I call home. I will always have to be careful about where I go and who I choose to share my name with. I miss my home. I miss my neighbors and I miss my name.” More

  • in

    DoJ to release part of report on Trump’s attempt to overturn 2020 election

    Attorney general Merrick Garland intends to release the first part of the highly-anticipated special counsel report into Donald Trump’s efforts to overturn the 2020 election but will withhold the second part about Trump’s retention of classified documents, the justice department said on Wednesday.The full report by the special counsel, Jack Smith, will also be made available to the top Democrat and Republican on the House and Senate judiciary committees as long as they agree to keep the contents of the second part confidential, the department also said.Exactly when the first part of the report will become public remains unclear, since it is still temporarily blocked by a court order issued by the federal judge who presided in the documents case. The justice department’s intentions were disclosed in a court filing challenging the order.The move to make the report public still faces several hurdles. Even if the 11th circuit quickly rules in favor of release, Trump is expected to make a final challenge to the supreme court in an effort to buy time and shred the report before his 20 January inauguration.Ever since Trump won the election, ending the possibility of the cases going to trial, Smith has been preparing a final report into the Trump cases and their charging decisions, as is required under the special counsel regulations at the end of a case.The report is confidential and first gets sent to the attorney general, who has the power to decide how much becomes public. Garland had previously pledged to publish at least some of it, and the justice department’s court filings suggest the entire first volume will be released.Trump’s lawyers, including Todd Blanche who has been tapped by Trump to be his incoming deputy attorney general, reviewed a draft version of the report over the weekend in Washington and took issue with its findings but also with its very existence.The lawyers objected to Smith even being allowed to complete a report and asked that Garland remove him from his post. If Garland disagrees and Smith produces a report, the decision on whether it should become public should be left to the incoming attorney general, the lawyers suggested.The lawyers leaned heavily into their contention that Smith was improperly appointed because he was not confirmed by the Senate before he took the job – the basis on which the US district judge Aileen Cannon dismissed the classified documents case against Trump.The Trump legal team also argued that the release of the report would unfairly prejudice Walt Nauta and Carlos De Oliveira, Trump’s former co-defendants in the documents case, against whom the justice department is separately trying to resurrect the case on appeal.On Tuesday, Cannon granted a temporary injunction that prohibited the justice department from releasing the report outside of the agency until three days after the 11th circuit decided the matter.To get around the documents case situation, the special counsel’s team told the 11th circuit in its reply brief on Wednesday that it would withhold the second part of the report that discusses Trump’s retention of classified documents at Mar-a-Lago and his efforts to obstruct justice.“This limited disclosure will further the public interest in keeping congressional leadership apprised of the significant matter within the Department while safeguarding defendants’ interests,” the filing said. More

  • in

    US electors to certify Trump’s win in process targeted by fake electors in 2020

    Electors will meet in all 50 states on Tuesday to ratify the second election of Donald Trump to the presidency, a process typically no more than a ceremonial step to the White House for the winner of an election.Usually, it lacks drama. But four years ago on 20 December 2020, Republican activists met in seven states won by Joe Biden – Arizona, Georgia, Michigan, Nevada, New Mexico, Wisconsin and Pennsylvania – to sign false certificates of ascertainment proclaiming victory for Donald Trump and Mike Pence, to be sent to the National Archives and to Congress.Prosecutors have described the intent behind this act of “fake electors” as the provision of a rationale for the vice-president to either declare Trump president or to throw the election to Congress to decide on 6 January 2021. On that day, rioters breached the US Capitol intent on subverting the results of the election.The constitution states that on the first Tuesday following the second Wednesday of December after a presidential election, each state’s presidential electors gather in each state’s capitol to cast their vote in the electoral college for president and vice-president. The electoral college is an artifact of the politics of slavery; created at the insistence of southern states because it initially enhanced the voting power of states with larger enslaved populations due to the apportionment value of the three-fifths compromise.The re-election of Trump in November by a decisive margin, coupled with the relative acceptance of the results by his political opponents, suggests no second wave of shenanigans on Tuesday.Nonetheless, Congress tightened up language about how the process works after the January 6 insurrection, the latest of periodic adjustments to the 248-year-old tradition of the electoral college. The Electoral Count Reform Act clarified that the legislatures of states that use an election to choose a president cannot simply appoint electors after the fact if there is some kind of election “failure”.The reforms require the executive of each state to certify an election at least six days before the electoral count, and that this certification is conclusive unless a state or federal court concludes otherwise. It limited the kind of objections members of Congress could make to the votes of electors. It also ensured that a mob with bad intentions could not change the outcome, by explicitly designating the vice-president’s role in counting votes as a ministerial, ceremonial act.The one thing the 2022 reforms didn’t do is require states to hold a presidential election.Stated in article II, section 1, clause 2 of the constitution: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress … ”The US supreme court ruled in Bush v Gore that states do not actually have to hold an election at all, but if they do it has to conform with 14th amendment rules for equal protection.skip past newsletter promotionafter newsletter promotionThe “manner” state legislatures have chosen in the past has included allowing voters to choose them by electoral district, or with legislators choosing themselves – as Connecticut, Delaware, Georgia, New Jersey and South Carolina did in the first presidential election.Electors appointed to the college are obligated to vote for the winning candidate. Some vote for someone else anyway. It’s rare – fewer than 100 out of more than 14,000 people over the life of the country. The modern record is seven, set in 2016.So-called faithless electors have never overturned an election, but dozens of electors have cast ballots for a candidate not of their party over the years. Thirty-three states and Washington DC have state laws prohibiting electors from casting ballots for someone other than the winner of the election. In 2016, four electors for Hillary Clinton in the state of Washington cast their votes for Colin Powell or Faith Spotted Eagle instead and were fined $1,000 for doing so.Five states make the act of a faithless elector a crime; California law makes it a felony punishable by up to three years in prison to break ranks. More

  • in

    Six Republicans in Nevada again charged for 2020 fake elector scheme

    Six Republicans in Nevada have again been charged with submitting a bogus certificate to Congress that falsely declared Donald Trump the winner of the presidential battleground’s 2020 election.Aaron Ford, the state’s attorney general, announced on Thursday that the fake electors case had been revived in Carson City, the capital, where he filed a new complaint this week charging the defendants with “uttering a forged instrument”, a felony.A Nevada judge dismissed the original indictment earlier this year, ruling that Clark county, the state’s most populous county and home to Las Vegas, was the wrong venue for the case.Ford, a Democrat, said the new case was filed as a precaution to avoid the statute of limitations expiring while the Nevada supreme court weighs his appeal of the judge’s ruling.“While we disagree with the finding of improper venue and will continue to seek to overturn it, we are preserving our legal rights in order to ensure that these fake electors do not escape justice,” Ford said.“The actions the fake electors undertook in 2020 violated Nevada criminal law and were direct attempts to both sow doubt in our democracy and undermine the results of a free and fair election. Justice requires that these actions not go unpunished.”Officials have said it was part of a larger scheme across seven battleground states to keep the former president in the White House after losing to Joe Biden. Criminal cases have also been brought in Michigan, Georgia and Arizona.Trump lost in 2020 to the president by more than 30,000 votes in Nevada. An investigation by then Nevada secretary of state Barbara Cegavske, a Republican, found no credible evidence of widespread voter fraud in the state.The defendants are state the Republican party chair Michael McDonald; the Clark county Republican party chair Jesse Law; the national party committee member Jim DeGraffenreid; the national and Douglas county committee member Shawn Meehan; the Storey county clerk Jim Hindle; and Eileen Rice, a party member from the Lake Tahoe area.In an emailed statement to the Associated Press, McDonald’s attorney, Richard Wright, called the new complaint a political move by a Democratic state attorney general who also announced on Thursday that he plans to run for governor in 2026.“We will withhold further comment and address the issues in court,” said Wright, who has spoken often in court on behalf of all six defendants.Attorneys for the others did not immediately respond to emails seeking comment.Their lawyers previously argued that Ford improperly brought the case before a grand jury in Democratic-leaning Las Vegas instead of in a northern Nevada city, where the alleged crimes occurred. More

  • in

    Wisconsin files more charges against Trump allies who led ‘fake electors’ plot

    Wisconsin’s justice department filed 10 additional charges on Tuesday against three Donald Trump allies who spearheaded the “fake electors” scheme to help the president-elect in his efforts to overturn the 2020 election.The three men, Kenneth Chesebro, Michael Roman and James Troupis, already faced felony forgery charges in June for their role in the plot. The additional charges include conspiracy to commit a crime and numerous counts of fraud.In Wisconsin, the individual false electors have faced civil penalties and agreed to never serve as electors while Trump is on the ballot and to issue a public statement acknowledging that their votes had been cast in an attempt to disrupt Joe Biden’s 2020 victory.Republicans submitted false slates of electors in seven swing states, but only some have faced civil and criminal penalties.Unlike in Michigan, Georgia and Arizona, where electors were charged with crimes for participating in the false elector scheme, Wisconsin’s false electors have not faced criminal charges. Instead, the state has hit the architects of the scheme with the most serious penalties.According to the complaint and documents released previously in civil court, Chesebro led the effort, circulating a memo titled “The Real Deadline for Settling a State’s Electoral Votes”, which made the case for Trump’s electors to submit false electoral certificates – despite the fact that Trump did not win the election.The complaint lays out how Chesebro and Troupis, both attorneys, coordinated with Roman, a Trump aide, to establish the plot in states across the country. It notes that while in some states, the false electors submitted qualifying language in their certificates to indicate that they had submitted their names in case Trump was ultimately declared the winner of the election, Wisconsin’s electors included no such language.Troupis, Roman and Chesebro have faced prosecution for their involvement in the 2020 false elector schemes in other states including Arizona and Georgia, where Chesebro pleaded guilty to conspiracy to commit filing false documents. Troupis continued to serve on a Wisconsin judicial ethics panel following the false elector episode and was only suspended from his role in June, when he was first charged with felony forgery in connection with the plot. More

  • in

    Trump requests dismissal of charges in Georgia election interference case

    Donald Trump’s attorney in Georgia has asked the state’s appellate court to dismiss election interference charges against the president-elect, arguing that a sitting president “is completely immune from indictment or any criminal process, state or federal”.The filing by attorney Steve Sadow before the Georgia court of appeals asks the court to dismiss Trump’s appeal of a lower-court decision to allow Fulton county district attorney Fani Willis to remain as prosecutor on the case, because the Fulton county superior court no longer has jurisdiction, given Trump’s electoral victory.The filing cites the Department of Justice’s decision to end federal prosecutions against Trump last month, and a finding in 2000 by the Office of Legal Counsel that the president cannot be subject to local prosecutors’ criminal enforcement.“The constitution forbids ‘plac[ing] into the hands of a single prosecutor or grand jury the practical power to interfere with the ability of a popularly elected president to carry out his constitutional functions’,” Sadow wrote, quoting the OLC memo.That memo emerged in the wake of the impeachment of President Bill Clinton, when perjury charges were being considered in the scandal over his affair with Monica Lewinsky. The rule was to be applied to federal prosecutions, but the office concluded as a matter of law that the prohibition was categorical – that it did not matter what the charges were – as long as the president was still in office.Sadow’s filing does not ask the court to dismiss the case against the remaining co-defendants in the election interference case, who do not enjoy the same constitutional protections as a president.Trump faces eight charges in Georgia, including a racketeering charge over his efforts to overturn the 2020 election result in the state, after Georgia voted for Joe Biden to become US president. Trump pleaded not guilty to the sprawling 2020 election interference case in Fulton county last year along with 18 other co-defendants. Four have since taken plea deals and agreed to testify against the other defendants.skip past newsletter promotionafter newsletter promotionThe case has been on hold since June, when the appeals court paused proceedings to consider an appeal asking for Willis to be removed from the case. Defendants argue that Willis’s relationship with former special prosecutor Nathan Wade created an impermissible conflict of interest and appearance of impropriety. More

  • in

    2,000 Mules director apologizes to man falsely accused of voter fraud in film

    Conservative film-maker Dinesh D’Souza has issued a rare apology for his controversial documentary 2,000 Mules, a cornerstone of post-2020 election fraud conspiracy theories, but a prominent organization in the election denialism ecosystem is standing behind the film’s false claims.The film alleged a massive voter fraud scheme involving individuals supposedly stuffing ballot drop boxes with illegal votes. Central to these claims was cellphone geolocation data provided by True the Vote, a Texas-based non-profit that has become a prominent actor in the election denial ecosystem.True the Vote on Monday maintained that the film’s central premise “remains accurate”. The group insists its geolocation data proves suspicious voting patterns, despite repeated debunking by election experts, including the former attorney general William Barr.In a statement from last week, D’Souza acknowledges the video was mischaracterized.“I now understand that the surveillance videos used in the film were characterized on the basis of inaccurate information provided to me and my team,” D’Souza’s said in the statement. “If I had known then that the videos were not linked to geolocation data, I would have clarified this and produced and edited the film differently.”D’Souza’s public admission focuses on Mark Andrews, a Georgia voter featured in the film at a ballot drop box. Despite blurring Andrews’ face, the documentary suggested he was part of a coordinated voter fraud operation.D’Souza said he was apologizing to Andrews “because it is the right thing to do”, and “not under the terms of a settlement agreement or other duress”. Andrews sued D’Souza, True the Vote and the film’s distributor, Salem Media Group, for defamation in 2022 over the film. Salem settled the lawsuit earlier this year, agreed to stop distributing the film and apologized to Andrews. The lawsuit against D’Souza and True the Vote in federal court in Georgia is ongoing. Motions for summary judgment, which could make public details of how the film was made, are due to be filed on 12 December.The cybersecurity and infrastructure security agency, a Department of Homeland Security agency which has dominion over elections in the United States, declined a request for comment.The concession from D’Souza marks the latest example of a prominent vector of misinformation about the 2020 election acknowledging their claims were false. Amid a separate defamation lawsuit, the Gateway Pundit, the influential far-right news outlet, acknowledged earlier this year that it had falsely accused Ruby Freeman and Shaye Moss, two Atlanta election workers, of fraud.OAN, another network that spread false claims about the election, also apologized to the two election workers. Freeman and Moss won a $148m judgment in a libel suit against Rudy Giuliani last year and are moving to seize his assets.Founded by Catherine Engelbrecht, True the Vote has transformed from a fringe organization into a key player in challenging election results. The group claims to protect elections through technological surveillance, but has repeatedly failed to substantiate its expansive fraud allegations.It’s not the first time the organization’s credibility has been undermined in recent memory. An app developed by True the Vote contained a security flaw that exposed user email addresses ahead of the US election, and the group is facing an IRS complaint for potentially illegal political coordination with the Georgia Republican party in 2020.The documentary’s impact extended far beyond the fringes of the internet. Months after the film premiered at Mar-a-Lago in 2022, armed individuals were documented stalking voters at drop boxes in Arizona, an illustration of how such conspiracy theories can translate into real-world intimidation.Salem Media Group – which originally distributed the film – has already ceased its circulation and issued its own apology to Andrews. Lawyers for Andrews declined to comment.Another incident that inspired the film was a video recording made of a woman, Guillermina Fuentes, collecting her ballot from her neighbor in San Luis, Arizona, a largely Hispanic town on the US-Mexico border. Fuentes was prosecuted and sentenced to 30 days in jail and her neighbor was sentenced to a year of probation. Luis Marquez, a community activist, said he was glad to hear of an apology, but the damage may have already been done. “It really made people not vote,” he said. “It made people afraid.” More

  • in

    Rudy Giuliani tells judge he can’t pay his bills in courtroom outburst

    The former New York mayor and lawyer to Donald Trump, Rudy Giuliani, erupted in court on Tuesday, telling a judge: “I can’t pay my bills!”Sketches by courtroom artists, who create pictures for the media to use when cameras are not allowed in court, such as federal courts, showed a furious Giuliani, 80, pointing at the judge in his case, Lewis Liman.The hearing in federal court in Manhattan concerned a near-$150m judgment won by Ruby Freeman and Shaye Moss, two Georgia elections workers whom Giuliani defamed while advancing Trump’s lie that electoral fraud in 2020 cost him victory over Joe Biden.Liman said Giuliani had not been complying with orders to surrender assets.Giuliani said on Tuesday: “The implications you are making against me are wrong. I have no car, no credit card, no cash, everything I have is tied up, they have put stop orders on my business accounts, and I can’t pay my bills!”Giuliani’s fall has been spectacular. After making his name as a hard-charging prosecutor who took on organized crime, he was mayor for two terms, in office on 11 September 2001 and widely praised for his leadership after the terrorist attacks on the US. His 2008 presidential run flopped but Giuliani enjoyed a successful consulting and speaking career before allying himself with Trump when the property magnate entered Republican politics in 2015.Giuliani missed out on a cabinet appointment but became Trump’s personal attorney – work that fueled Trump’s first impeachment, in 2019 for blackmailing Ukraine for political dirt. Giuliani then became a prime driver of Trump’s failed attempt to overturn the 2020 election – work which produced criminal charges, to which he pleaded not guilty, the huge defamation judgment, and disbarments in Washington and New York.In New York on Tuesday, Giuliani’s lawyer told the judge his client had turned over assets including a Mercedes Benz sports car once owned by the film star Lauren Bacall. An attorney for Freeman and Moss said Giuliani had turned over the car but not the title to it. Attorneys for the two women have also said they have gained access to Giuliani’s $5m Upper East Side apartment in Manhattan, but have not secured “the keys, stock, or proprietary lease”.In court, the judge told Giuliani’s lawyer: “A car without a title is meaningless … your client is a competent person. He was the US attorney in the district. The notion that he can’t apply for a title certificate – ”Giuliani cut him off, saying: “I did apply for it! What am I supposed to do, make it up myself? Your implication that I have not been diligent about it is totally incorrect.”He then launched his outburst about financial problems.Giuliani’s lawyer asked Liman to extend deadlines, given he had only just started on the case after previous attorneys withdrew. Liman denied the request, saying: “You can’t restart the clock by firing one counsel and hiring another. He has already received multiple extensions, and missed multiple deadlines.”Trial is set for 16 January regarding whether Giuliani must also give Moss and Freeman his Florida home and four New York Yankees World Series commemoration rings. On Tuesday, Giuliani’s lawyer asked if the trial could be pushed back, so his client could attend inaugural events for Trump, who will be sworn in as president in Washington DC on 20 January. Liman said no.Outside court, Giuliani told reporters Liman was “going to rule against me. If you were sitting in the courtroom and couldn’t figure it out, you’re stupid.” He also said the judge’s “background is serious leftwing Democrat … about as leftwing as you get” – even while acknowledging Liman was nominated by Trump.Giuliani said he did not regret defaming Freeman and Moss.“I regret the persecution I have been put through,” he said. More