A high-profile defamation lawsuit involving former President Donald Trump attorney Rudy Giuliani begins Monday with jury selection, the latest phase in a series of legal cases tied to his alleged efforts to overturn Georgia's 2020 election results.
Two former Fulton County election workers, Ruby Freeman and her daughter Wandrea ArShaye "Shaye" Moss, sued Giuliani for defamation in December 2021, accusing him of falsely accusing them of committing election fraud to alter the results of the election in Georgia. They are seeking $15.5 million to $43 million in damages, according to court filings.
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Giuliani was already found liable for defamation by Judge Beryl Howell in the U.S. District Court for the District of Columbia in late August. Howell ruled that Giuliani didn't comply with discovery obligations in the election workers' lawsuit and failed to produce documents. The civil trial beginning Monday will determine the damages to be awarded to Freeman and Moss.
In October, Howell penalized Giuliani for not producing materials he was ordered to provide in the defamation case.
"Giuliani's continued and flagrant disregard of this Court's August 30 Order that he produce financial-related documents concerning his personal and his businesses' past and present assets, revenues, income, viewership metrics, and social media, all of which information is potentially pertinent at the upcoming damages trial," Howell wrote.
Jurors in the damages trial will be informed that Giuliani refused to produce the documents, and the former New York City mayor's defense team will not be allowed to make reference to Giuliani's financial situation or introduce evidence that was previously requested in the court order. The jury can infer, according to Howell, that Giuliani "was intentionally trying to hide relevant discovery," "received substantial financial benefits from defendant Giuliani's defamation of Plaintiffs," and was "shielding his assets from discovery."
Moss and Freeman were thrown into the national spotlight after Giuliani posted a video of the two election workers processing ballots on election night in Atlanta, claiming they were engaged in a fake ballot processing scheme. The Georgia State Election Board found in June that the numerous allegations made against the two workers, as well as the Fulton County Department of Registration and Elections, were "false and unsubstantiated" and that there was "no evidence of any type of fraud as alleged."
Giuliani has already been ordered to reimburse Freeman and Moss for over $89,000 in attorneys' fees and costs related to a request the court force Giuliani to fulfill his discovery obligations. The former Trump lawyer must ensure his businesses cover over $43,000 in attorneys' fees associated with efforts to force Freeman and Moss to respond to requests for documents and depositions. He faced a deadline of July 25 to pay the reimbursement, but he did not, which the jury can be informed of as well.
In July, Giuliani admitted he made "false" statements about Freeman and Moss and no longer disputed the factual allegations in the defamation case. However, he argued his statements are "constitutionally protected."
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Giuliani, at the time a staunch Trump ally, was one of the former president's biggest advocates in his false claim that the 2020 election was stolen from him due to election interference. The former mayor is also one of several co-conspirators facing charges under Georgia's Racketeer Influenced and Corrupt Organizations Act in a case prosecuted by Fulton County District Attorney Fani Willis. Trump, who is facing several criminal and civil legal cases at the state and federal level, is among those indicted in the Fulton County investigation.
Jenna Ellis, Sidney Powell, and Kenneth Chesebro have all pleaded guilty to the charges against them, with all three agreeing to testify in the case.