Giuliani defamation trial: Jury awards election workers nearly $150 million

As the jury deliberates how much Rudy Giuliani will have to pay for defaming former Georgia election workers Ruby Freeman and Shaye Moss, a former Georgia prosecutor says that Giuliani and his attorney may be trying to play the long game.

"Any time you concede liability in a trial to focus on damages, it's a difficult situation," said former Georgia prosecutor Chris Timmons, an ABC News contributor. "What they appear to be doing is suggesting the damages aren't that serious -- or at least aren't seven figures."

But Timmons suggested that a broader strategy might be at play -- one that protects Giuliani from legal exposure in other criminal matters and leaves open the door for appealing the result of this trial.

"Strategically, keeping Mr. Giuliani off the stand was a smart move when you look at this case in the context of his overall legal exposure," Timmons said. "If Mr. Giuliani had testified, his testimony would be admissible in all of his other cases," including his criminal racketeering case in Fulton County, Georgia.

In his defamation case, Timmons said, "what they're really counting on is a reversal by the court of appeals holding that Mr. Giuliani's statements are 'opinions,' which aren't actionable under defamation law."

Judge Beryl Howell read from a lengthy jury instruction form that reminded jurors that their sole responsibility is to quantify the damages Rudy Giuliani will have to pay to Ruby Freeman and Shaye Moss for defaming them.

The judge emphasized that the court has already determined Giuliani's statements to be defamatory and untrue.

She told jurors that, in assessing the full scope of damages, they must assume that Giuliani withheld financial records and other documents that Freeman and Moss were entitled to access during the discovery process.

Wrapping up his closing statement, Giuliani attorney Joseph Sibley acknowledged that his client must pay something to Ruby Freeman and Shaye Moss, but encouraged the jury to issue a measured punishment -- in spite of how Giuliani has conducted himself this week.

"Rudy Giuliani is a good man," Sibley told the jurors. "I know some of you may not think that, and he hasn't exactly helped himself with some of the things that happened in the last few days."

"I know he's done things that are wrong," Sibley said. "I know these women have been harmed. I'm not asking for a hall pass for that."

Nevertheless, Sibley said, the damages must be "in some way tied to what the actual damages are" and "more closely related to the actual damage number."

"Send a message to America that we can come together with compassion and sympathy," Sibley said. "And I think we need that."

"Irresponsible." "Wrongful Conduct."

Those are some of the descriptions of Rudy Giuliani's behavior toward Ruby Freeman and Shaye Moss that came from Giuliani's own lawyer during his closing argument.

Attorney Joseph Sibley conceded to jurors that his client had wronged Freeman and Moss. He also applauded what he called the "genuine" and powerful testimony from the two women.

But he implored jurors to levy a more measured penalty against Giuliani than the "catastrophic" sum requested by the two plaintiffs.

When jurors consider the cost of Giuliani's defamatory statements, Sibley said, they might say of Giuliani: "You should've been better. But you're not as bad as they made you out to be."

Sibley also implored jurors to discount the testimony of the plaintiff's expert witnesses, framing their delivery as "rehearsed."

"I almost wanted to look at the ceiling to see if the lawyers were puppeteering the witness," Sibley joked.

Sibley called the testimony of Dr. Ashlee Humphreys, who estimated that the cost to repair the reputations of Moss and Freeman is between $17.8 million and $47.4 million, "patently absurd," especially given that "people who believe this stuff are still going to believe it no matter what."