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      Rudy Giuliani dismisses $148m damages verdict as ‘absurd’ as former election workers praise decision – as it happened

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      A jury has ordered Rudy Giuliani to pay former election workers Ruby Freeman and her daughter, Shaye Moss, $148.1m after he spread lies about them following the 2020 election. It is one of the most significant verdicts to date seeking accountability for those who attempted to overturn the 2020 election.
      There were gasps in the courtroom when the amount was read out and the judge stumbled over the number as she read out the verdict, according to media reports.
      Giuliani did not appear to show any emotion as the damages were announced. Former Atlanta election workers Freeman and Moss hugged their attorney after the amount was announced.
      The damages were $100m above what the women had asked for and included nearly $16.2m and $17m in compensatory damages for Freeman and Moss respectively. It also included $20m to each woman for intentional infliction of emotional distress, and an additional $75m in punitive damages. Giuliani owes approximately $275,000 in additional legal fees.
      Giuliani himself dismissed the verdict and told reporters outside the Washington federal courthouse that he will appeal, saying the “absurdity of the number merely underscores the absurdity of the entire proceeding”. “It will be reversed so quickly it will make your head spin, and the absurd number that just came in will help that actually,” he said.
      Speaking outside court on Friday, Freeman said: “Today’s a good day. A jury stood witness to what Rudy Giuliani did to me and my daughter and held him accountable, and for that I’m thankful. Today is not the end of the road, we still have work to do. Rudy Giuliani was not the only one who spread lies about us, and others must be held accountable too. But that is tomorrow’s work.”
      Freeman’s daughter, Shaye Moss, also gave a statement, saying: “The flame that Giuliani lit with those lies and passed to so many others to keep that flame blazing changed every aspect of our lives – our homes, our family, our work, our sense of safety, our mental health. And we’re still working to rebuild.”
      This is the end of our live coverage of the damages trial. You can read the full report by Sam Levine here:And Rachel Leingang has looked at how the multimillion-dollar ruling against Giuliani shows the cost of spreading election lies:Thanks for following along.A legal analyst for CNN explains that the punitive damages awarded to two former election workers were intended to “send a message to Rudy Giuliani and to the general public”.Elie Honig told Jake Tapper: “When we think about the inequities in this case, when we think about an extraordinarily powerful, remorseless liar like Rudy Giuliani, compared to these women or civil servants, they never signed up for this. Their lives were turned over and I think that’s why you see such a high number here from the jury.”Here are a few of the pictures that have dropped on the newswires from outside the court after the verdict:The damages included nearly $16.2m and $17m in compensatory damages for Freeman and Moss respectively.It also included $20m to each woman for intentional infliction of emotional distress, and an additional $75m in punitive damages.Giuliani owes approximately $275,000 in additional legal fees.Here’s some more reaction to the verdict:After the verdict, Giuliani appeared to be trying to rewrite history by claiming he hadn’t been able to present his side of the argument in court.Giuliani had in fact been due to testify on Thursday but declined to do so at the last moment.On Friday, he tried to paint a different picture, telling reporters: “I’ve not been allowed to present a single piece of evidence in defence, of which I have a lot.“I am quite confident when this case gets before a fair tribunal it’ll be reversed so quickly it’ll make your head spin.”Here is video of that statement:My colleague Rachel Leingang has written this analysis about the staggering damages award:
      The judge had already decided Rudy Giuliani defamed the two former Georgia election workers, the question was just how much that cycle of lies and ensuing harassment should cost him.
      A jury declared on Friday that it was worth an eye-popping $148m, far beyond expectations and a major blow to the former New York mayor and key Donald Trump ally.
      The case was one of a handful of ways pro-democracy groups are seeking consequences for election subversion ahead of the next presidential election. The plaintiffs hope the high-dollar decision will show to Giuliani and others that there’s a financial and human cost to spreading lies. The stakes are high with the 2024 presidential election quickly approaching and Trump probably on the ballot once again.
      You can read her full piece here:In her statement after the trial, Ruby Freeman gave an insight into the continued impact of Giuliani’s false claims on her life.She said:
      Today is not the end of the road. We still have work to do. Rudy Giuliani wasn’t the only one who spread lies about us and others must be held accountable too.
      But that is tomorrow’s work. For now I want people to understand this. Money would never solve all of my problems. I can never move back to 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.
      Moss went on to thank the court and jury for listening to her and her mother’s experience in the aftermath of Giuliani’s defamatory statements.Her voice broke slightly when she added: “I know I won’t be able to retire from my job with the county like my grandma did, but I hope having taken these very big steps towards justice, I can make her proud.”Here is more from what Shaye Moss said outside the court:
      The lies Rudy Giuliani told about me and my mommy after the 2020 presidential election have changed our lives and the past few years has been devastating.
      The flame that Giuliani lit with those lies and passed to so many others to keep that flame blazing changed every aspect of our lives – our homes, our family, our work, our sense of safety, our mental health. And we’re still working to rebuild.
      As we move forward and continue to seek justice, our greatest wish is that no one … ever experiences anything like what we went through.
      Today’s verdict comes at the end of an emotional week for former election workers Moss and Freeman. They had to relive their ordeal in testimony at the federal court in Washington DC and told how it had ruined their lives.Here are some of the key moments from this week’s trial:
      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 began deliberations on Thursday and returned their verdict on Friday afternoon.
      The sum awarded to Freeman and Moss was $100m above what they had asked for – and media reports said gasps were heard in the courtroom when the final sum was read out. CNN reported the judge stumbled over her words when reading out the final sum.The verdict is likely to be far beyond Giuliani’s means. In closing arguments, his lawyer, Joseph Sibley, said the original $48m amount would be “catastrophic” for his client.Meanwhile, the plaintiffs’ attorney Michael Gottlieb argued: “Mr Giuliani thought he could get away with making Ruby and Shaye the face of election fraud because he thought they were ordinary and expendable.“He has no right to offer defenseless civil servants up to a virtual mob in order to overturn an election.”My colleague Sam Levine has more from Freeman’s statement outside the court:“Today is not the end of the road, we still have work to do. Rudy Giuliani was not the only one who spread lies about us, and others must be held accountable too. But that is tomorrow’s work.“I want people to understand this,” she added. “Money will never solve all my problems. 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.”Ruby Freeman and Shaye Moss gave a statement outside court after they were awarded $148m in damages.Freeman said: “A jury stood witness to what Rudy Giuliani did to me and my daughter and how I answered that. I’m thankful.”The judgment adds to growing financial and legal peril for Giuliani, who was among the loudest proponents of Trump’s false claims of election fraud that are now a key part of the criminal cases against the former president, AP writes.Giuliani had already been showing signs of financial strain as he defends himself against costly lawsuits and investigations stemming from his representation of Trump. His lawyer suggested that the defamation case could financially ruin the former mayor, saying “it would be the end of Mr Giuliani.”Giuliani told reporters outside Washington’s federal courthouse that he will appeal, saying the “absurdity of the number merely underscores the absurdity of the entire proceeding”.“It will be reversed so quickly it will make your head spin, and the absurd number that just came in will help that actually,” he said.Giuliani had already been found liable in the case and previously conceded in court documents that he falsely accused the women of ballot fraud.Even so, the former New York City mayor continued to repeat his baseless allegations about the women in comments to reporters outside the Washington DC courthouse this week.Giuliani’s lawyer acknowledged that his client was wrong but insisted that Giuliani was not fully responsible for the vitriol the women faced. The defense sought to largely pin the blame on a rightwing website that published the surveillance video of the two women counting ballots.AP has a bit more from the hearing today:
      The damages verdict follows emotional testimony from Wandrea “Shaye” Moss and her mother, Ruby Freeman, who tearfully described becoming the target of a false conspiracy theory pushed by Giuliani and other Republicans as they tried to keep then-President Donald Trump in power after he lost the 2020 election.
      There was an audible gasp in the courtroom when the jury foreperson read aloud the $75 million award in punitive damages for the women. Moss and Freeman were each awarded another roughly $36 million in other damages.
      Giuliani didn’t appear to show any emotion as the verdict was read after about 10 hours of deliberations. Moss and Freeman hugged their attorneys after the jury left the courtroom and didn’t look at Giuliani as he left with his lawyer.
      Giuliani told reporters outside Washington’s federal courthouse that he will appeal, saying the “absurdity of the number merely underscores the absurdity of the entire proceeding.”
      A Washington DC jury has ordered Rudy Giuliani to pay $148.1m to two Atlanta election workers after he spread lies about them, one of the most significant verdicts to date seeking accountability for those who attempted to overturn the 2020 election.The verdict follows a four-day trial in which Ruby Freeman and Shaye Moss, her daughter, gave haunting details about the harassment and threats they faced after Giuliani falsely accused them of trying to steal the election in Georgia. The women, who are Black, described how they fled, are afraid to give their names in public, and still suffer severe emotional distress today. Their lawyers asked the jury to award them each at least $24m in damages.The case is the latest in a series of cases in which plaintiffs have used defamation law to push back on lies spread about them since the 2020 election. The voting equipment vendor Dominion settled with Fox for $787m earlier this year in a defamation case. Freeman and Moss also have a pending lawsuit against the Gateway Pundit, a far-right news outlet. Last year, they also settled with One America News, another far-right outlet. Civil rights groups are turning to defamation law as a new tool to ward off misinformation. More

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      Rudy Giuliani defamation trial: key moments at a glance

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      A jury has ordered Rudy Giuliani to pay former election workers Ruby Freeman and Shaye Moss $148.1m after he spread lies about them following the 2020 election.The verdict, after a four-day trial in Washington, came after Moss and Freeman testified in court that they feared for their lives when Giuliani falsely claimed they had tampered with votes.Here’s a look back at some of the key moments in the trial:
      The $148.1m damages award for to two Atlanta election workers is one of the most significant verdicts to date seeking accountability for those who attempted to overturn the 2020 election.
      Freeman and Moss testified about the effects of lies spread by 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 testified about her experiences following Giuliani’s defamatory comments, in which he accused her of committing election fraud. “Sometimes I don’t know who I am,” said Freeman.
      Lawyers for Freeman and Moss played audio and displayed several of the racist messages they received in court. It included one of a person saying a racial slur over and over again. Another was a picture of what Freeman described as a kind of “monkey beast” and had writing on it that said “Ruby Freeman’s father”.
      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 said she felt like she has lost who she is, and her good name.
      Moss detailed how she became anxious to even leave the house, and that the false claims caused her son to be harassed, eventually failing his classes. She said she still does not 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.
      Speaking outside court on Friday, Freeman said: “Today’s a good day. A jury stood witness to what Rudy Giuliani did to me and my daughter and held him accountable, and for that I’m thankful.Today is not the end of the road, we still have work to do. Rudy Giuliani was not the only one who spread lies about us, and others must be held accountable too. But that is tomorrow’s work.”
      Her daughter Shaye Moss also gave a statement, saying: The flame that Giuliani lit with those lies and passed to so many others to keep that flame blazing changed every aspect of our lives – our homes, our family, our work, our sense of safety, our mental health. And we’re still working to rebuild.
      Giuliani himself dismissed the verdict and told reporters outside Washington’s federal courthouse that he will appeal, saying the “absurdity of the number merely underscores the absurdity of the entire proceeding”. “It will be reversed so quickly it will make your head spin, and the absurd number that just came in will help that actually,” he said.
      Ashlee Humphreys, a professor from Northwestern University and an expert witness of Freeman and Moss, walked through the significant reputational damage done to them, showing how their names are now associated with election fraud.
      Freeman and Moss’s lawyer, Michael Gottlieb, said they hope the case sends a clear message to people launching smear campaigns not to do it.
      The jury began deliberations on Thursday and returned their verdict on Friday afternoon. More

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      Multimillion-dollar ruling against Giuliani shows cost of spreading election lies

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      The judge had already decided Rudy Giuliani defamed the two former Georgia election workers, the question was just how much that cycle of lies and ensuing harassment should cost him.A jury declared on Friday that it was worth an eye-popping $148m, far beyond expectations and a major blow to the former New York mayor and key Donald Trump ally.The case was one of a handful of ways pro-democracy groups are seeking consequences for election subversion ahead of the next presidential election. The plaintiffs hope the high-dollar decision will show to Giuliani and others that there’s a financial and human cost to spreading lies. The stakes are high with the 2024 presidential election quickly approaching and Trump probably on the ballot once again.This week’s case was a test for accountability for purveyors of election lies from the everyday people who get caught in their web through no fault of their own. The test worked: Giuliani will have to pay up. Whether it matters to serial liars remains to be seen, but it serves as a strong deterrent to those considering spreading unfounded election conspiracies.Beyond the money, however, this was an avenue for Freeman and her daughter, Moss, to speak directly to one of the people responsible for tearing their lives apart. A public figure such as Giuliani expects and accepts a level of intrusion into their privacy. Everyday people working elections, as Freeman and Moss were, shouldn’t have to.They took the stand this week to detail the onslaught of threats and harassment that came after Giuliani, an attorney for Trump, and Trump’s team put them at the center of an election conspiracy.Imagine this happened to you, their testimony called to mind. Imagine you were working your regular job, one you loved and found important. Imagine, then, that strangers saw surveillance video of you doing your job and twisted it into a narrative, saying that you had passed a USB drive to alter vote-counts, when in reality you passed a piece of candy. That you packed suitcases with fake votes to steal an election.Imagine some of the most powerful people in the country, with the most ardent followers, sent those lies ping-ponging around the internet to the point that your name online is attached to them forever, bringing a wave of hateful, racist, threatening messages to your inbox.It would dismantle your life. It dismantled theirs, they told the jury.Trump and his allies needed someone to scapegoat to try to overturn Georgia’s results, and they found it in these two women, said Michael Gottlieb, Freeman and Moss’s attorney.When she testified, Freeman wore a shirt with her name on it when she worked the elections in December 2020. She was proud of who she was. That’s how she was identified, she said. She no longer wears her name proudly – she had to move homes, hiring a lawyer for her new place to ensure her name wasn’t connected to it. Moss watched her son struggle in school, believing the whole ordeal was her fault. She doesn’t leave her house any more. She feels ostracized, anxious, afraid.Their testimony drove home the human cost of election lies, a harrowing tale for Americans watching democracy falter over the past few years. It was a warning sign to voters: this is the state of our politics today, that two unwitting public servants have their lives upended for political games and gain.Giuliani did not testify in the case himself, despite expectations that he would, later saying he was concerned the judge would deem any missteps as contempt of court. His lack of testimony came after his lawyer declined to cross-examine Freeman. Joe Sibley, Giuliani’s attorney, said he did not take the stand or question Freeman because the women had been through enough.But Sibley also acknowledged in his closing remarks that Giuliani “hasn’t exactly helped himself with some of the things that have happened in the last few days”.The case shifted, with Giuliani’s team no longer attempting to defend his actions but instead deflect blame. Sibley pointed to another defamation case by Freeman and Moss against the rightwing media outlet Gateway Pundit, saying the outlet probably identified the women first and ignited the flood of harassment.The testimony – even the damages themselves – may not deter Giuliani and his associates. He plans to appeal and tie up any payouts as long as possible, and it’s unclear whether he has money to cover the damages. (That’s a limit of defamation law visible in the defamation verdicts against Alex Jones, the conspiracy theorist who owes Sandy Hook shooting families millions but largely has not yet paid them.)And after the verdict was announced, Giuliani sounded just as obstinate as ever. He called the number “absurd” and claimed it would be “reversed so quickly it will make your head spin”.The lack of reconciling with the effect of his actions tracks with the continued election denialism ever-present in Trumpworld, even as penalties slowly mount. As he tries to regain the White House, the former president himself hasn’t accepted he lost it fairly in the first place. Now, he and his team are working to sow election distrust at all levels still in 2024, despite the legal repercussions from 2020.But a verdict of this size will still resonate, if not for the loudest voices, then at least for those with lesser platforms. It sends the clear message the plaintiffs hoped for.“Today’s a good day. A jury stood witness to what Rudy Giuliani did to me and my daughter and held him accountable, and for that I’m thankful,” said Freeman, speaking at the court after the verdict. “Today is not the end of the road, we still have work to do. Rudy Giuliani was not the only one who spread lies about us, and others must be held accountable too. But that is tomorrow’s work. More

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      Rudy Giuliani ordered to pay $148.1m in damages for lies about election workers

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      A Washington DC jury has ordered Rudy Giuliani to pay $148.1m to two Atlanta election workers after he spread lies about them, one of the most significant verdicts to date seeking accountability for those who attempted to overturn the 2020 election.The verdict follows a four-day trial in which Ruby Freeman and Shaye Moss, her daughter, gave haunting details about the harassment and threats they faced after Giuliani falsely accused them of trying to steal the election in Georgia. The women, who are Black, described how they fled, are afraid to give their names in public, and still suffer severe emotional distress today. Their lawyers asked the jury to award them each at least $24m in damages.“Most days I pray that God does not wake me up and I just disappear,” Shaye Moss said on Tuesday in testimony that frequently turned tearful.In her testimony on Wednesday, Freeman said she had been “terrorized”.“I don’t have a name any more,” she said. “Sometimes I don’t know who I am.”Their lawyers had asked the eight-person jury to award them at least $48m in compensatory damages and to use their discretion to grant additional punitive damages.The case is the latest in a series of cases in which plaintiffs have used defamation law to push back on lies spread about them since the 2020 election. The voting equipment vendor Dominion settled with Fox for $787m earlier this year in a defamation case. Freeman and Moss also have a pending lawsuit against the Gateway Pundit, a far-right news outlet. Last year, they also settled with One America News, another far-right outlet. Civil rights groups are turning to defamation law as a new tool to ward off misinformation.The lies about both women were a cornerstone of efforts by Giuliani and Trump to try to overturn the election results in Georgia. On 3 December 2020, Giuliani tweeted a selectively edited video that he claimed showed Freeman and Moss wheeling suitcases full of ballots out from under a table after counting had concluded for the night. The accusation was quickly debunked by Georgia officials, but Giuliani continued to spread the lie. He also accused them of “passing around USB ports as if they’re vials of heroin or cocaine”, when Freeman was passing Moss a ginger mint.Almost immediately, Freeman and Moss started to receive death threats through the mail, email, social media and voicemail. Many of those racist messages were displayed and played in court this week.Giuliani refused to turn over documents as part of the case and conceded earlier this year that he made false statements about the women. US district judge Beryl Howell found him liable of defamation, intentional infliction of emotional distress and civil conspiracy. The only question for the jury to decide was how much in damages Giuliani should pay.Joseph Sibley, Giuliani’s attorney, conceded to jurors in his opening statement that his client had done something wrong by making false statements. But over the course of the week, he sought to distance Giuliani from the threats and harassment that resulted from the false statements. He also argued that the tens of millions of dollars they requested were not proportional to the harm they had suffered.Giuliani did not do himself any favors when it came to his defense. After proceedings concluded on Monday, he spoke to reporters on the courthouse steps, where he insisted that what he had said about Freeman and Moss was true. Sibley said earlier this week that Giuliani intended to take the witness stand in his own defense, but he reversed on Thursday and decided not to.From the outset, lawyers for Freeman and Moss made it clear that the case was about repairing the reputations of their clients and sending a message to other powerful figures that they could not make similar false claims without consequences.“Send a message. Send it to Mr Giuliani and to any other powerful figure who is considering taking this chance,” Michael Gottlieb, one of the attorneys for Moss and Freeman, said in closing arguments.It was a message Moss herself emphasized in her testimony on Tuesday.“We need to make a statement. We need to ensure that the election workers that are still there don’t have to go through this. Hopefully by hitting someone in their pockets, for someone whose whole career has been about their pockets, we will send a message,” she said. More

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      Appeals court skeptical of Meadows’ bid to move Georgia election case

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      A federal appeals court on Friday appeared skeptical of former Trump White House chief of staff Mark Meadows’ attempt to transfer his 2020 election interference case in Georgia to federal court, expressing doubt that he was acting as a federal official in trying to reverse Donald Trump’s defeat.The court also questioned, in a particularly ominous development for Meadows, whether he was even entitled to remove his case from state to federal court given he was no longer a federal official.Meadows was charged with violating the state racketeering statute alongside Trump and other co-defendants by the Fulton county district attorney, Fani Willis, over their efforts to overturn the results of the 2020 presidential election in Georgia.The indictment also included a charge against Meadows for his role in setting up Trump’s infamous recorded phone call on 2 January 2021 asking the Georgia secretary of state, Brad Raffensperger, to “find” 11,780 votes so he could win the battleground state.Meadows filed to transfer his case to federal court – a move that would allow him to seek dismissal of the charges on federal immunity grounds – but had the motion rejected by the US district judge Steve Jones. Meadows then appealed to the US court of appeals for the 11th circuit.The issue for Meadows has long been whether his involvement in the call or his involvement in the so-called fake electors scheme were within the scope of his official duties as a White House chief of staff, as he argued, or whether he was engaged in campaign activity, as prosecutors have argued.At a roughly 50-minute hearing before circuit judges William Pryor, Robin Rosenbaum and Nancy Abudu – George W Bush, Obama and Biden appointees, respectively – the court expressed deep skepticism that Meadows could declare all of his actions as White House chief of staff were related to his official duties.“That just cannot be right,” Rosenbaum said at one stage, saying “electioneering on behalf of a specific political candidate” or becoming involved in “an alleged effort to unlawfully change the outcome of the election” might be examples of actions not covered by a federal official’s job.The skepticism of Meadows’ sweeping position that there were no limits to the scope of his duties was joined by Abudu, who noted that other federal laws like the Hatch Act prohibits government officials from engaging in political activity as part of their federal duties.Meadows’ lawyer George Terwilliger responded that Meadows only needed, under the federal officer removal statute, to “establish a nexus” to the duties of his federal job. It would make “no sense”, Terwilliger said, to have a state judge decide at trial matters relating to federal laws.The hearing took a negative turn for Meadows when Pryor, the chief judge known to be a staunch conservative, suggested he did not think Meadows was entitled to have his case moved to federal court at all because Meadows was no longer a federal official.skip past newsletter promotionafter newsletter promotionPryor suggested it might be reasonable to infer that Congress intended the removal statute to apply only to current federal officials to make sure that state charges did not interfere with “ongoing operations of the federal government”.Still, the three-judge panel also expressed concern to Donald Wakeford, a prosecutor in the Fulton county district attorney’s office, about the “chilling effect” on federal officials to enact policy if they felt they could be indicted by state authorities once they left the government.That opening was seized upon by Terwilliger, who claimed he would have done his job differently when he was deputy attorney general in the George HW Bush administration.Wakeford responded that it might be a good thing if some federal officials felt chilled from engaging in certain conduct – a reference to an opinion in a recent ruling by the US district judge Tanya Chutkan rejecting Trump’s attempt to dismiss his federal election interference case in Washington. More

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      Trump’s election-interference case may get boost from US supreme court

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      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.The supreme court’s eventual ruling in Fischer v United States will indicate whether the obstruction charge under section 1512 of title 18 of the US criminal code can be used against Trump, and could undercut the other general conspiracy charges brought against the former president by the special counsel, Jack Smith.The court could also end up by extension invalidating many convictions against rioters involved in the January 6 Capitol attack. The obstruction statute has been the justice department’s primary weapon to hold accountable those involved in the violence of that day.The case involves Joseph Fischer, who was indicted in Washington on seven counts of obstructing the congressional certification of the 2020 election results when he assaulted police officers during the riot.Fischer sought to dismiss part of his indictment, arguing that the obstruction statute passed under the Sarbanes-Oxley Act of 2002 in response to the Enron scandal, had to do with document or evidence tampering for white-collar financial crime.The US district judge Carl Nichols, who presided in the case, interpreted the statute as requiring prosecutors to show that the defendant took some action with respect to a document or record and did not apply to Fischer as he assaulted police officers at the Capitol.But a split three-judge panel at the US court of appeals for the DC circuit reversed the decision, deciding that obstruction applied more broadly and encompassed impeding any official proceeding. Fischer, and two other January 6 defendants, appealed to the supreme court to resolve the issue.The supreme court may not decide whether the obstruction statute can be applied to the Capitol attack until June, when the next term ends. In the meantime, the viability of that charge – and potentially that of other general conspiracy charges – against Trump remains uncertain.It could also give Trump an opening to seek to pause ongoing pre-trial proceedings in his 2020 election interference case pending the supreme court’s consideration of the issue, although he is unlikely to succeed and it may not be appealable should such an effort be denied.Similar criminal cases involving members of Congress or congressional aides, for instance, typically go to trial and are then tried again if a higher court finds that some of the charges were inapplicable.At issue for Trump is the definition of “corruptly” in the obstruction statute. The DC circuit has been unable to agree, with judge Justin Walker interpreting it as “unlawful benefit”, while judge Greg Katsas interpreted it as “an unlawful financial, professional, or exculpatory advantage”.The obstruction statute was never a natural fit for January 6 cases, and defense lawyers have repeatedly argued in trial and appeals courts in Washington that the justice department was using it in an overly broad fashion to target rioters because of the 20-year maximum sentence it carries.The problem for the justice department now is that the supreme court has previously chafed at the use of broad conspiracy arguments by federal prosecutors.In the case of Jeffrey Skilling in the Enron scandal, the court held in a unanimous decision that Skilling had been improperly charged with the “honest services” provision of the statute about a scheme to defraud, because it applied only to accepting bribes and kickbacks.“The court’s been very clear that over-aggressive theories under general criminal statutes don’t fly,” said the former House general counsel Stanley Brand, whose firm Brand Woodward has also represented January 6 defendants. “That’s the lesson of Skilling and all these other cases.”If the supreme court were to rule in favor of Fischer next year on the basis that the justice department was using charges that were too broad, Brand added, it could undercut the other general conspiracy statutes used in the indictment against Trump, as well. More

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      Judge puts Trump’s 2020 election interference case on hold

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      Donald Trump’s 2020 election interference case in Washington will be put on hold while the former president further pursues his claims that he is immune from prosecution, the judge overseeing the case ruled Wednesday.US district judge Tanya Chutkan agreed to pause any “further proceedings that would move this case towards trial or impose additional burdens of litigation on defendant”. But the judge said that if the case returns to her court, she will “consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024”.At issue is an appeal last week by Trump’s lawyers of an order from Chutkan denying their claims that the case must be dismissed on immunity grounds. Special counsel Jack Smith’s team has also asked the supreme court to take up the legally untested question.“The prosecution has one goal in this case: to unlawfully attempt to try, convict, and sentence President Trump before an election in which he is likely to defeat President Biden,” defense lawyers wrote Wednesday. “This represents a blatant attempt to interfere with the 2024 presidential election and to disenfranchise the tens of millions of voters who support President Trump’s candidacy.”The issue is of paramount significance to both sides given that a ruling in Trump’s favor would presumably derail the case and because a protracted appeal could delay a trial well beyond its currently scheduled start date of 4 March. Trump faces charges he plotted to overturn the 2020 election after he lost to Democrat Joe Biden, and he has denied doing anything wrong.Special counsel Jack Smith, whose team has brought two federal cases against Trump in Washington and in Florida, has sought to keep both on track while Trump has attempted to delay the proceedings – at one point even asking for the Washington prosecution to be pushed back until 2026.A separate potential hiccup for the prosecution developed Wednesday when the Supreme Court said that it would review a charge of obstruction of an official proceeding that the Justice Department has brought against more than 300 participants in the January 6, 2021 riot at the US Capitol. That’s among four counts brought against Trump by Smith, meaning that a high court ruling that benefits the defendants in the riotA postponement until after the election would clearly benefit Trump, especially since, if elected president, he would have the authority to try and order the justice department to dismiss the federal cases.In telling the Washington-based federal appeals court that there was no reason for it to fast-track the immunity question, Trump’s lawyers wrote that the “date of March 4, 2024, has no talismanic significance.“Aside from the prosecution’s unlawful partisan motives, there is no compelling reason that date must be maintained, especially at the expense of President Trump and the public’s overriding interest in ensuring these matters of extraordinary constitutional significance are decided appropriately, with full and thoughtful consideration to all relevant authorities and arguments,” they wrote.At issue is an appeal by the Trump team, filed last week, of a trial judge’s rejection of arguments that he was protected from prosecution for actions he took as president. Smith sought to short-circuit that process by asking the supreme court on Monday to take up the issue during its current term, a request he acknowledged was “extraordinary” but one he said he was essential to keep the case moving forward.Smith’s team simultaneously asked the US court of appeals for the DC circuit to expedite its consideration of Trump’s appeal, writing: “The public has a strong interest in this case proceeding to trial in a timely manner. The trial cannot proceed, however, before resolution of the defendant’s interlocutory appeal.”skip past newsletter promotionafter newsletter promotionThe Trump team made clear its opposition to that request, saying the case presents “novel, complex, and sensitive questions of profound importance.“Whether a president of the United States may be criminally prosecuted for his official acts as president goes to the core of our system of separated powers and will stand among the most consequential questions ever decided by this court,” they wrote. “The manifest public interest lies in the court’s careful and deliberate consideration of these momentous issues with the utmost care and diligence.”The supreme court has indicated that it would decide quickly whether to hear the case, ordering Trump’s lawyers to respond by 20 December. The court’s brief order did not signal what it ultimately would do.A supreme court case usually lasts several months, from the time the justices agree to hear it until a final decision. Smith is asking the court to move with unusual, but not unprecedented, speed.If the justices decline to step in at this point, Trump’s appeal would continue at the US court of appeals for the DC circuit. Smith said even a rapid appellate decision might not get to the supreme court in time for review and final word before the court’s traditional summer break. More

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      in Elections

      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