ATLANTA — Rudy Giuliani is not disputing that he made public comments falsely claiming two Georgia election workers committed ballot fraud during the 2020 presidential race but he argues that his words are constitutionally protected statements, according to a court filing.
That assertion by Giuliani, who as part of Donald Trump’s legal team tried to overturn results in battleground states, came Tuesday in a lawsuit by Ruby Freeman and Wandrea “Shaye” Moss. The December 2021 lawsuit accused the former New York City mayor of defaming them by falsely stating that they had engaged in election 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.
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 contest the factual allegations,” the filing said.
Giuliani political adviser Ted Goodman said in an email Wednesday that the filing was made “in order to move on to the portion of the case that will permit a motion to dismiss.”
Michael Gottlieb, a lawyer for Freeman and Moss, said in an emailed statement that Giuliani is conceding “what we have always known to be true — Ruby Freeman and Shaye Moss honorably performed their civic duties in the 2020 presidential election in full compliance with the law;…
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