(NEW YORK) — Former New York City Mayor Rudy Giuliani is on trial in Washington, D.C., this week for defaming Georgia election workers Ruby Freeman and Wandrea “Shaye” Moss in the aftermath of the 2020 election. Giuliani, acting on behalf of former President Donald Trump, accused the mother and daughter of committing election fraud while the two were counting ballots on Election Day in Georgia’s Fulton County.
U.S. District Judge Beryl Howell in August awarded a default judgment to the two women, leaving this week’s trial to determine the full scope of the damages and any penalties Giuliani will have to pay. Freeman and Moss are seeking between $15.5 million and $43 million.
Here’s how the news is developing. All times Eastern:
Dec 12, 5:51 PM EST
Giuliani refrains from commenting on case
After court was adjourned for the day, Rudy Giuliani told reporters outside court that he would not comment on the case after the judge slammed the remarks he made after court Monday.
“I’m not going to discuss the case anymore because it seemed to get the judge annoyed,” he told reporters.
Court will resume Wednesday morning.
Dec 12, 5:08 PM EST
Court adjourns for the day
Following Shaye Moss’ testimony and the playing of several video depositions, Day 2 of the trial adjourned for the day.
When court resumes on Wednesday, Michael Gottlieb, an attorney for Freeman and Moss, said he plans to show one final deposition video of poll observer Pamela Michelle Branton.
Plaintiffs’ attorneys also plan to call an expert witness to testify about the impacts of Giuliani’s false accusations, according to court papers filed in the case.
Dec 12, 4:55 PM EST
Attorneys play video depositions from Giuliani aides
Attorneys for Ruby Freeman and Shaye Moss played excerpts from previously recorded video depositions with Trump associate Bernie Kerik and attorneys Christina Bobb, and Jenna Ellis in part to demonstrate Giuliani’s leading role in efforts to uncover evidence of systemic election fraud.
They never found it.
Kerik, the former police commissioner in New York City, described a document in the team’s legal playbook, which included a section about Freeman. Bobb, a onetime attorney for then-President Trump, described the makeup of Giuliani’s legal team.
In the recording of Ellis, a former Trump attorney, she repeatedly invoked her Fifth Amendment right against self-incrimination as attorneys for the two women peppered her with questions about her work with Giuliani in the aftermath of the election.
Dec 12, 4:20 PM EST
Shaye Moss concludes testimony
Shaye Moss concluded her testimony after several hours on the witness stand.
Excerpts from a taped video deposition with Giuliani associate Bernie Kerik, the former police commissioner of New York City, is next on the docket.
Kerik worked with Giuliani to try overturn the results of the 2020 election. He received a pardon from then-President Trump earlier that year on felony fraud charges dating to 2009.
Dec 12, 4:01 PM EST
Moss describes ‘homework’ from therapist
Shaye Moss grew so fearful for her life after threats poured in that she stopped going out in public, and only recently, she testified, did she build up the courage to leave her home alone, without security.
She did so at the behest of her therapist.
“That was actually her homework for me,” Moss said of her therapist’s request that she visit a public place by herself.
“I did once,” Moss said.
She testified that she drove alone to a local restaurant, where she found a quiet seat located at the end of the bar.
“I was so terrified. I felt extremely nauseous,” she said. “I was very proud of myself. But unfortunately I have not been able to do that again.”
Dec 12, 3:38 PM EST
Moss breaks into tears under cross-examination
Shaye Moss broke into tears under a line of questioning from defense attorney Joseph Sibley about the adverse health effects she attributes to Giuliani’s defamatory statements about her.
Sibley asked Moss to repeat the names of two mental health diagnoses she received from therapists since the 2020 election. When Moss intimated that she had additional ailments that could be tied to Giuliani’s conduct, Sibley asked, “What other issues do you have?”
Moss’ attorney objected to the question. As the judge consulted privately with counsel from both parties, Moss held her hands to her face and could be seen wiping tears from her cheeks.
Shortly before this exchange, Moss said her mental anguish had been exacerbated by her inability to work. She described conversations with her therapist about taking time to heal before jumping back into a job.
“Before, I had purpose, at least,” Moss said. Now, she said, “most days I pray God won’t wake me up and I disappear.”
Dec 12, 3:16 PM EST
Moss says spread of election lies akin to Olympic torch relay
Under cross-examination by Giuliani attorney Joseph Sibley, Shaye Moss was asked how she could be sure that it was his client’s remarks that inspired throngs of strangers to level racist and vile threats against her and her family.
Moss said those strangers “were parroting his exact words.”
She testified that right-wing news outlet Gateway Pundit and the Trump campaign used language similar to Giuliani’s in smearing her.
“It was like the torch for the Olympics,” she said. “They pass it from person to person to person.”
Dec 12, 2:57 PM EST
‘I want to receive some type of justice,’ Moss testifies
Shaye Moss returned to the witness stand after the midday break to be questioned by Giuliani attorney Joseph Sibley, who asked her about her efforts to rehabilitate her reputation — probing what steps she has taken to mend her name online.
Moss said she had pays a service $140 per year to monitor her name online and protect her identity, but that “it’s incredibly difficult” to repair her reputation “when powerful people keep spewing lies about us.”
“How could you work in law if people were saying, like, that you were a horrible lawyer?” Moss asked Sibley.
“You’d be surprised,” Sibley quipped.
Asked how much money she believes she is owed for Giuliani’s lies, Moss said, “I’m relying on the experts.”
“I want to vindicate myself,” she said. “I want to receive some type of justice.”
Dec 12, 12:59 PM EST
Moss says she felt like ‘worst mom’ for exposing son to racist threats
It wasn’t just Moss and Freeman who bore the brunt of Giuliani’s false fraud accusations, Shaye Moss testified. Her grandmother and son also suffered after the former mayor falsely accused Moss and Freeman by name.
“I feel like it’s my fault. Maybe if I was satisfied being in the mail room … then maybe it would not have happened,” Moss said regarding her promotion to election worker.
Moss said her 16-year-old son struggled in school after being exposed to racist threats against their family — and went from a comic-obsessed “bookworm” to flunking the ninth grade.
“Racism is real. And it comes out,” Moss recalled telling him. “I felt like the worst mom ever to allow him to have to hear this, to experience this day after day after day.”
Moss also said she harbors guilt for the treatment of her grandmother. Strangers would repeatedly send pizzas to her house under fake, racist names, Moss testified. The delivery person would expect payment upon arrival, she said.
“My grandmother has lived through all this racist crap. I mean, we’re from Georgia … miles and miles of cotton fields as we drive to the beach,” Moss said. “It’s history, but we have to go through this.”
Dec 12, 12:48 PM EST
Ordeal left her with ‘major depressive disorder,’ says Moss
In emotional testimony, Shaye Moss described how, following the 2020 election, her mental health spiraled out of control over the course of 2021 — a period during which she said her life fell into a rhythm of “Cry, eat, sleep. Cry, eat, sleep.”
“I’m like a hermit crab now. Obviously, I look totally different,” she said. “I’ve gained 70 pounds. I realize I stress-eat.”
“I don’t trust anyone,” she added.
After seeking therapy, she told her therapist about her nightmares — that a mob would arrive at her house “with nooses, with pitchforks and signs,” and that her son would find her hanging.
“The look of shock on [the therapist’s] face, the look of disbelief — it kind of scared me,” she said. “I felt bad for releasing all that on the therapist.”
Moss says she was diagnosed with “acute stress disorder.” Months later, she met with a different therapist who made a more serious diagnosis: “major depressive disorder with acute distress,” Moss said.
Dec 12, 12:17 PM EST
Job prospects deteriorated after accusations, Moss testifies
One interlude from the aftermath of the 2020 election demonstrates how Moss’ career prospects deteriorated, she testified.
Moss said she felt so disillusioned with election work by mid-2021 that she sought work elsewhere. She applied for a job at a Chick-fil-A restaurant and secured an interview.
“I was dressed up. I had my notebook with my resume. I was excited, I was ready,” Moss said.
The interview “went great,” she said, even though she realized that, without relevant experience, she would be asked to do menial tasks.
“I had made up my mind that, oh well, I’ll have to start at the bottom,” she testified. “And if I can work my way up at [voter] registration, I can work my way up here.”
Before leaving, however, the interviewer showed her an article on his laptop and said, “Tell me about this. Is this you? Is this true?”
The article featured an image of her face with the word “Fraud” plastered across it.
“The more he was talking, the more I just tuned it out,” Moss said. “I was so shocked, I was so embarrassed … I just had to leave. I just left.”
Dec 12, 11:58 AM EST
Moss, through tears, describes life after Giuliani’s accusations
Shaye Moss felt dejected and fearful after Rudy Giuliani’s defamatory statements and accusations about her proliferated online — prompting the veteran election worker to change her appearance and leave her job.
John Langford, an attorney for Moss, displayed emails and messages she received on social media in late 2020, as her name circulated online in right-wing media. One read, “Be glad it’s 2020 and not 1920.”
The chilling message, which she said made her “afraid for my life,” prompted her to assume a new physical identity.
“I went into my hair salon and I asked my stylist to make it so the same person she saw walk in here is not the person who leaves,” Moss recalled.
Her stylist, she said, “dyed it a strawberry blond color.” A selfie Moss took the following day showed her with a “puffy face from crying all night.”
Though her hair changed, Moss said she returned to work after “the worst Christmas” of her life, determined to return to normalcy.
“My goal was still to make sure that everything was ready for our next election, that everything ran smoothly,” she testified.
Instead, she recalled, “Things ain’t never returned to normal.”
Moss left the Fulton County elections office in April 2022 after she was passed over for a promotion.
“It felt like a slap in the face,” she said, because she sensed that her superiors thought it would look bad for the county.
“I wanted to retire a county worker, like my grandma — make her proud, make my mom proud — but…” she said, trailing off in tears.
Rudy Giuliani, seated at the defense table, showed little emotion as Moss wept on the witness stand. Leaning with his elbow on the table, the former mayor took intermittent notes as she testified.
Dec 12, 11:30 AM EST
Moss says seeing election fraud claims made her ‘immediately fearful’
A visibly upset Shaye Moss described what happened on Dec. 4, 2020 — the day her boss informed her about the deluge of “nasty, hateful, violent” messages directed at her from online users accusing her of election fraud.
Moss said when her supervisor summoned her to his office, she thought she might be in line for a promotion. Colleagues smiled and gave her a thumbs up as she waded through their cubicles, she recalled.
Instead, Moss testified, she was shown social media posts accusing her of manipulating ballots.
“I am shown these videos, these lies, everything that’s been going on that I had no clue about,” Moss recalled. “I was confused, I was immediately fearful.”
After returning to her desk, Moss said she “couldn’t concentrate” for the rest of the day.
Dec 12, 11:20 AM EST
Shaye Moss describes election job as ‘winning the golden ticket’
Taking the witness stand, Shaye Moss described the pride she felt as an election supervisor in Fulton County — the position she held on Election Day in 2020.
Moss began her career in elections in 2012 as a temporary worker in the Fulton County elections office mail room. Five years later, she said she secured a promotion to permanent work.
“I worked really hard for that position. I was so excited I literally dropped to my knees and cried,” Moss said. “It was like winning the golden ticket with Willy Wonka. I was so proud of myself.”
Moss said she felt proud to work in elections and took particular delight in helping the elderly and others who found it difficult to cast their ballots. She said her grandmother inspired her to pursue a career in elections.
“No, I did not like my job — because I loved my job,” Moss recalled. “It would make my grandmother proud … my grandmother enjoyed telling her friends … that her grandbaby runs the election.”
Dec 12, 10:32 AM EST
Georgia investigators dispel election fraud claims
Two state investigators who examined allegations that Ruby Freeman and Shaye Moss conspired to manipulate ballots on Election Day explained in video depositions how those claims were probed and found to be untrue.
Frank Braun and Frances Watson, both investigators with the Georgia Secretary of State at the time, explained that Freeman, Moss and their colleagues returned to State Farm Arena late on Nov. 3, 2020, after the secretary extended hours for counting ballots, to help expedite the process — not, as Rudy Giuliani and others suggested, to rig votes.
“There was no evidence that suggested they did anything wrong, except show up to work and work hard,” Braun said in his video deposition.
Watson, the chief investigator at the time, said that Giuliani’s remarks about manipulated ballots at State Farm Arena were “not accurate.”
Dec 12, 9:51 AM EST
Judge blasts Giuliani for ‘additional defamatory’ remarks
Judge Beryl Howell admonished Rudy Giuliani for making “additional defamatory comments” about Ruby Freeman and Shaye Moss late Monday when he told ABC News’ Terry Moran that he stands by his false statements about the two women.
Giuliani told Moran as he departed the courthouse Monday that “everything I said about them is true” and that the women “were engaged in changing votes.”
Those comments “could support another defamation claim,” Howell told Giuliani’s attorney, Joseph Sibley, as court resumed Tuesday morning. “How do you reconcile those comments?”
“I wasn’t there,” Sibley said. “I don’t know how that’s reconcilable.”
When Howell asked if Giuliani denied making those comments, Giuliani rose his voice and said, “Of course I did.”
The trial has “taken a toll on him,” Sibley said. “He’s 80 years old … I can’t control everything he does.”
Howell then questioned Giuliani’s age, capacity and acuity — and whether that might be an issue in the case. “Can he follow instructions?” she asked.
“The answer, of course, is yes,” Sibley replied, adding again that “sitting through a multi-day trial” has been hard for Giuliani.
The judge appeared visibly frustrated while chastising Giuliani and his attorney over his remarks. Giuliani, reclining in his chair at the defendant’s table, shook his head at times.
Dec 12, 9:19 AM EST
Moss expected to testify this morning
Shaye Moss is expected to take the witness stand this morning on the second day of her defamation damages trial against Rudy Giuliani.
At the trial’s first day yesterday, an attorney for Moss and her mother, Ruby Freeman, described how Moss “started to have nightmares” as hundreds of strangers flooded her phone and social media with threats of violence and racist remarks — including “nightmares of her son finding her hanging from a tree alongside her mom.”
Moss “will explain the humiliation she felt” trying to apply for another job at a Chick-fil-A restaurant, the attorney added, where her interviewer found an article about scrutiny of Moss after the election and asked her, “Is this you?”
A day after Giuliani was slammed by plaintiffs’ attorneys for remarks he made to the press following yesterday’s proceedings, the former mayor ignored questions from reporters as he made his way into the courtroom this morning.
Dec 11, 11:03 PM EST
In filing, plaintiffs’ attorneys slam Giuliani’s remarks to press
In a filing late Monday, attorneys for Ruby Freeman and Shaye Moss are accusing Rudy Giuliani and his attorney of crafting arguments at trial that run afoul of the court’s prior ruling that Giuliani’s defamatory statements about the mother and daughter were false.
The filing cites ABC News’ reporting on correspondent Terry Moran’s exchange with Giuliani as the former mayor departed court, during which Giuliani said that he “told the truth” about Freeman and Moss “changing votes,” and that he should not be held accountable for the conduct of “other people overreacting.”
“According to public news reports, upon leaving the courthouse, Defendant Giuliani stopped to say to an assembled group of the press: ‘When I testify, the whole story will be definitively clear that what I said was true, and that, whatever happened to them — which is unfortunate about other people overreacting — everything I said about them is true,'” the filing says, quoting ABC News’ report.
“Needless to say,” attorneys for Freeman and Moss write, “were Defendant Giuliani to testify in a manner remotely resembling those comments, he would be in plain violation of the Court’s prior orders in this case conclusively affirming, and reaffirming, that all elements of liability have been established, including that Defendant Giuliani’s defamatory statements were false.”
Judge Howell in August awarded a default judgment to the plaintiffs, leaving the current trial to determine the amount of damages and any penalties Giuliani will have to pay. In their late Monday filing, the plaintiffs’ attorneys urged Howell to “instruct counsel for Defendant Giuliani that he has violated and is prohibited from further violating the Court’s orders by making arguments contrary to its prior evidentiary rulings.”
Dec 11, 6:31 PM EST
Giuliani insists Freeman, Moss were ‘changing votes’
Departing court after the first day of the trial, Rudy Giuliani told ABC News’ Terry Moran that he has no regrets about his treatment of Ruby Freeman and Shaye Moss — and he doubled down on his core allegations about them.
“When I testify, the whole story will be definitively clear that what I said was true, and that, whatever happened to them — which is unfortunate about other people overreacting — everything I said about them is true,” Giuliani told reporters.
“Do you regret what you did to Ruby and Shaye?” Moran asked.
“Of course I don’t regret it,” Giuliani said. “I told the truth. They were engaged in changing votes.”
“There’s no proof of that,” Moran responded.
“You’re damn right there is,” Giuliani retorted. “Stay tuned.”
Court will resume Tuesday at 9 a.m. ET.
Dec 11, 4:51 PM EST
Expert describes racist content ‘on a level we don’t see’
Plaintiffs’ first witness in the case is a social media monitor who testified about the deluge of “racist and graphic material” targeting Freeman and Moss that appeared online after Giuliani began accusing them by name.
Regina Scott, a retired Chicago Police Department official who now works as a security and risk analyst, testified that negative mentions about Freeman and Moss surfaced online at a prodigious rate.
A report Scott prepared identified more than 710,000 mentions of Freeman and Moss between November 2020 and May 2023, and 320,000 mentions between Aug. 18, 2023, and Nov. 11, 2023.
“The type of violent and racist and graphic material, that’s on a level we don’t see at all in our work,” Scott said.
-ABC News’ Laura Romero
Dec 11, 3:49 PM EST
Damages sought are ‘civil equivalent of death penalty,’ says attorney
Joseph Sibley, an attorney for Rudy Giuliani, implored jurors to withhold judgment of his client and consider a “fair and proportionate” monetary penalty when the trial concludes, framing the $43 million sought by Freeman and Moss as a “truly incredible” figure.
“What the plaintiffs’ counsel are asking for in this case is the civil equivalent of a death penalty,” Sibley told jurors in brief opening remarks.
Sibley, in making his case to the jury, ceding before arguments even began that Giuliani made defamatory comments about Freeman and Moss — but he refuted the notion that his comments led to the abuse that followed.
“There’s really no question that these plaintiffs were harmed,” Sibley said. “They’re good people, they didn’t deserve what happened to them.”
But Sibley urged jurors to consider only “what can actually be attributed to Mr. Giuliani.”
“He never promoted violence against these women, never made racist statements about them,” Sibley said of Giuliani. “That was other random people.”
Dec 11, 3:38 PM EST
Damage to plaintiffs should cost Giuliani ’10s of millions’
Ruby Freeman and Shaye Moss suffered a “perpetual nightmare,” their attorney Michael Gottlieb told the jury during his opening remarks, saying that the damage they suffered warrants an “award in the tens of millions of dollars.”
Gottlieb told jurors his clients suffered three types of damages — reputation, emotional and punitive — due to Giuliani’s “defamation campaign.”
In addition to the costs to “repair their reputation,” Gottlieb told jurors that Freeman and Moss’ award should account for lost wages, forced relocation, security expenses, and more.
-ABC News’ Laura Romero
Dec 11, 3:00 PM EST
Giuliani used accusers as ‘cornerstone’ of conspiracy, says lawyer
Rudy Giuliani sought to use Ruby Freeman and Shaye Moss “as a cornerstone” of his campaign to denigrate the 2020 presidential election, prompting his followers to turn their ire toward the two election workers, their attorney, Von DuBose, told the jury in his opening remarks.
DuBose described how Giuliani slandered Freeman and Moss to his “massive national audience” and accused the mother and daughter of rigging ballots in President Joe Biden’s favor.
“None of that — none of that — is true. But the millions of people who heard the lies didn’t wait for confirmation,” DuBose said. “And the response from those Giuliani called to action was swift. It was racist.”
Dubose played audio recordings of several voicemails left on Freeman and Moss’ phones after Giuliani targeted them by name, including threats of violence and racist name-calling.
Many of the voicemails cited the USB drive Giuliani falsely told Georgia state legislators that the two were “surreptitiously passing around … as if they’re vials of heroin or cocaine.”
Then, DuBose said, “Words turned into action.”
“Strange people” showed up at Freeman and Moss’ home looking for them, DuBose said, with some attempting to “make citizens’ arrests.”
“This case is about how Giuliani … made their names a call to action for millions of people who did not want to believe” the results of the 2020 election, DuBose said.
Dec 11, 2:42 PM EST
Jury instructed on Giuliani’s defamatory comments
Judge Beryl Howell, following a break, delivered a lengthy statement to jurors about details of the case — including her determination that Rudy Giuliani has already been found liable for his defamatory comments.
Howell emphasized that the panel must assume that Giuliani failed to cooperate with his discovery requirements in the case in an effort to “artificially deflate” his net worth, and that jurors must understand that Giuliani benefitted financially from his defamatory comments about Freeman and Moss.
“Your job, ladies and gentlemen, is to determine the facts,” Howell said.
Howell reminded jurors that their sole responsibility is to determine the damages associated with Giuliani’s comments.
As Howell ticked through jury instructions, Giuliani intermittently shook his head and exchanged glances with his attorney.
Dec 11, 11:11 AM EST
Judge asks juror prospects about MAGA, QAnon slogans
Prospective jurors are commonly asked to divulge any affiliations with parties in the case, or preconceived views about them. But in this case — a heavily politicized matter involving election lies — Judge Howell’s questioning has veered into some of the cryptic slogans of the far-right movement.
Howell is asking prospective jurors whether they had ever used the expression “Let’s Go Brandon” — a common refrain among President Joe Biden’s detractors — or the hashtag “WWG1WGA,” a motto associated with the QAnon movement.
She is also asking jurors whether they follow Giuliani’s social media channels.
The prospective jurors reflect the unique makeup of nation’s capitol. Among those who have been questioned: a Defense Department official, a U.S. Forest Service official, a Defense Intelligence Agency official, and a woman who had worked for the Girl Scouts.
Dec 11, 10:40 AM EST
Giuliani faces Freeman, Moss for 1st time
When Rudy Giuliani entered the courtroom some 20 minutes late due to delays with the courthouse security line, it was the first time he shared a room with Ruby Freeman and Shaye Moss.
Freeman and Moss kept their backs turned away from Giuliani as he entered the courtroom. Moss appeared to swivel her chair slightly to avoid facing him directly.
Giuliani took a seat at the defendant’s table alongside his attorney, Joseph Sibley.
While waiting for Giuliani, Sibley had asked Judge Howell’s permission for Giuliani to bypass the security line moving forward. She said she would discuss it with court personnel, but laid the blame at Giuliani’s feet for his arriving “tardily.”
Dec 11, 10:11 AM EST
Judge welcomes prospective jurors to courtroom
Judge Howell has begun reading instructions to dozens of prospective jurors, after proceedings were delayed slightly due to Giuliani’s late arrival and some apparent issues with juror paperwork.
Howell rose and swore in jurors before the selection process got underway. She emphasized that she would endeavor to seat an impartial and unbiased jury.
“The court has already determined that Mr. Giuliani is liable for defamation, and that Ms. Freeman and Ms. Moss are entitled to receive compensation, including in the form of punitive damages, for Mr. Giuliani’s willful conduct,” Howell told jurors.
“The only issue remaining in this trial is for the jury to determine any amount of damages Mr. Giuliani owes to plaintiffs for the damage caused by his conduct,” Howell said.
Dec 11, 9:53 AM EST
Ruling could be another blow to Giuliani’s finances
The $15.5 million to $43 million that Freeman and Moss are seeking from Giuliani reflects the emotional distress and monetary losses associated with the former mayor’s defamatory comments, according to attorneys for the mother and daughter.
If the plaintiffs receive anywhere near those figures, it would mark the latest financial blow to a man who once raked in tens of millions of dollars through security consulting and speaking fees.
Judge Beryl Howell has already ordered Giuliani to pay Freeman and Moss upwards of $230,000 as a sanction for failing to comply with the discovery process of sharing information relevant to the case. In court filings over the summer, Giuliani’s lawyer asked the judge if Giuliani could defer payment, citing the former mayor’s “financial difficulties” as a result of fighting a slew of litigation elsewhere.
Giuliani stands to owe millions more if he loses cases brought by two voting machine companies and his own longtime personal attorney, among other legal challenges he faces. Giuliani has denied all claims.
Dec 11, 8:24 AM EST
Jury selection begins this morning
Jury selection in the case gets underway at the D.C. federal courthouse this morning, where eight Washington residents will be chosen to serve.
Jurors will be tasked with attaching a monetary value to the harm caused by the defamatory statements a judge found Rudy Giuliani liable for making in the wake of the 2020 presidential election.
When the parties arrive in court this morning, it will be the first time Ruby Freeman and Shaye Moss face Giuliani in person.
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