Giuliani concedes he made public comments falsely claiming Georgia election workers committed fraud

Rudy Giuliani has conceded that he made public comments falsely claiming two Georgia election workers committed ballot fraud during the 2020 presidential race but is arguing that the statements were protected by the First Amendment.

That assertion by Giuliani, who as part of Donald Trump’s legal team tried to overturn results in battleground states, came in a filing Tuesday in a lawsuit by Ruby Freeman and Wandrea “Shaye” Moss. Their lawsuit from December 2021 accused the former New York City mayor of defaming them by falsely stating that they had engaged in fraud while counting ballots at State Farm Arena in Atlanta.

The lawsuit says Giuliani repeatedly pushed debunked claims that Freeman and Moss — mother and daughter — pulled out suitcases of illegal ballots and committed other acts of fraud to try to alter the outcome of the race.

Though Giuliani is not disputing that the statements were false, he does not concede that they caused any damage to Freeman or Moss. That distinction is important because plaintiffs in a defamation case must prove not only that a statement made about them was false but that it also resulted in actual damage.

Moss told the U.S. House committee investigating the Capitol riot that her life was shattered by the false accusations. She said she received hateful and racist messages, some “wishing death upon me. Telling me that I’ll be in jail with my mother. And saying things like, ‘Be glad it’s 2020 and not 1920.’”

Freeman said in her testimony: “There is nowhere I feel safe.”

Giuliani’s statement was attached to a filing arguing that he did not fail to produce evidence in the case and should not be sanctioned as Freeman and Moss had requested.

“While Giuliani does not admit to Plaintiffs’ allegations, he — for purposes of this litigation only — does not…