Giuliani defamation trial: Jury awards election workers nearly $150 million
The amount is three times as much as plaintiffs were seeking.
Following a week-long trial, a federal jury has ordered former New York City Mayor Rudy Giuliani to pay nearly $150 million to former Georgia election workers Ruby Freeman and Wandrea "Shaye" Moss for defaming them with false accusations that the mother and daughter committed election fraud while the two were counting ballots in Georgia's Fulton County on Election Day in 2020.
U.S. District Judge Beryl Howell in August awarded a default judgment to the two women, leaving the trial to determine the full scope of the damages and penalties. Freeman and Moss were seeking between $15.5 million and an amount in the $40 million range.
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Jury deliberations underway
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.
'Rudy Giuliani is a good man,' his attorney says in closing
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."
Lawyer concedes Giuliani wrongdoing but decries penalty
"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."
Attorney for Freeman, Moss asks jurors to 'send a message'
Plaintiffs' attorney Michael Gottlieb concluded his closing arguments with a plea for jurors to "send a message" with their verdict.
"Send it to Mr. Giuliani," he said. "But send it to every other powerful figure ... who is considering whether they'll take this chance ... to assassinate the character of ordinary people."
Gottlieb said Giuliani "abused his notoriety" and "access to power" to "scapegoat Ruby Freeman and Shaye Moss," telling jurors "he has no right to offer up two civil servants to a virtual mob."
"Facts matter," he said in closing. "Truth is truth. And you will be held accountable."
Giuliani attorney Joseph Sibley will present his closing arguments after a short break, after which the case will go to the jury.
Plaintiffs' expert says accusations reached wide audience
Dr. Ashlee Humphreys, an expert in sociology and communications, took the stand for the plaintiffs to testify about the reach of Giuliani's false election fraud claims online and on social media.
Humphreys said that prior to December 3, 2020, "there was practically no search traffic" for Ruby Freeman. After that day, Humphreys said there was a "dramatic increase over a period of months."
Humphreys said some of the search terms between December 2020 and January 2021 were "Ruby Freeman arrested," "Ruby Freeman fraud" and "Ruby Freeman FBI."
During her testimony, Humphreys walked through her analysis of the total number of times content had been displayed to uses, known as "impressions." Her impression analysis of several videos and posts by Giuliani and former President Trump included a Dec. 23, 2020, podcast in which Giuliani mentioned Moss and Freeman, which Humphreys said received between 584,855 to 807,751 impressions.
An advertising post by the Trump campaign that falsely claimed Freeman and Moss stuffed ballots in suitcases received between 8 million and 18.2 impressions, Humphreys said.
Some of the statements Humphreys said she found in her research were from Giuliani's "strategic communications plan" to challenge the election results, which included references to Moss and Freeman.