The ex-mayor is being sued by campaign workers Ruby Freeman and Shaye Moss.
Aug. 30, 2023 12:15 p.m. ET
5 minutes read
A federal judge on Wednesday issued default judgments to two Georgia poll workers in their civil defamation lawsuit against former Trump attorney Rudy Giuliani, who also faces separate criminal charges in Fulton County.
Mother-daughter tandem Ruby Freeman and Wandrea “Shaye” Moss are suing the former New York City mayor for defamation over false statements accusing the couple of fraudulently tampering with ballots on Election Day 2020 in Georgia.
In the days following the election, Freeman and Moss became the subject of a Trump-backed conspiracy theory that was later found to be “false and baseless,” according to an investigation by the Georgia Elections Board. Speaking before a Georgia state legislature committee, Giuliani told lawmakers that a video that circulated online showed “Ruby Freeman and Shaye Freeman Moss … apparently secretly passing around USB ports as if they were there ampoules with heroin or cocaine.” .”
For months, Giuliani has denied the couple’s efforts to obtain relevant investigative materials in the case. As a result, US Judge Beryl Howell found Giuliani liable for his defamatory statements on Wednesday, imposed harsh penalties on him – including default judgment – and ordered a trial to determine the full amount of damages.
“Giuliani paid only lip service to complying with his disclosure obligations … and defeated plaintiffs Ruby Freeman and Wandrea ‘Shaye’ Moss’ procedural rights to obtain meaningful disclosure in this case,” Howell wrote.
In her 57-page statement, Howell accused Giuliani of circumventing disclosure rules under the guise of what he called “punishment by trial” and portraying herself as a victim of unfair persecution.
“Donning a victimization robe may go down well on a public stage for certain viewers,” Howell wrote, “but in court, that appearance has only served to undermine the normal process of discovery.”
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Giuliani has previously stated that while he “does not dispute the factual allegations made by Freeman and Moss in relation to his statements,” his statements are “constitutionally protected.”
On Wednesday, Howell wrote that “Giuliani’s regulations have more loopholes than Swiss cheese” and “make clear his goal of bypassing the discovery process.”
Howell speculated that Giuliani’s efforts to withhold disclosure on the matter may reflect a strategy aimed at containing his increasing legal vulnerability in other cases — including the criminal charges he now faces in Fulton County, where he and 18 others were charged earlier this month with full charges over alleged efforts to overturn the results of the state’s 2020 presidential election.
“Perhaps he calculated that his overall litigation risks would be minimized by failing to comply with his disclosure requirements in this case,” Howell wrote. “Whatever the reason, the obligations are case-specific and withholding required disclosure in this case has consequences.”
Giuliani political adviser Ted Goodman responded to the ruling: “This 57-page disclosure statement — which would normally run no more than two or three pages — is a prime example of arming the justice system where…” the trial is the punishment. This decision should be reversed.
Judge Howell asked the parties to file briefs on the next steps in the case, writing that a trial to determine total damages would be held later this year or early next year.
As an additional sanction, the court jury is “directed that, in determining a reasonable amount of punitive damages, they must assume that Giuliani is intentionally attempting to conceal relevant information about his financial assets in order to artificially diminish his net worth.” , Howell added.
Last year, Freeman told ABC News’ Terry Moran that as a result, she suffered so much harassment from conspiracy theorists that for a time she was forced to temporarily leave the home in the Atlanta suburbs where she had lived for 20 years.
Trump, who was not sued in the case, has also made disparaging remarks about Freeman.
The pair made a similar statement when appearing before the House Select Committee investigating the Jan. 6 events.
ABC News’ Aaron Katersky contributed to this report.
