Rudy Giuliani is not disputing that he made public comments about two Georgia election workers that were false, but contends 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 2020 presidential election results in battleground states, came Tuesday in a lawsuit by Ruby Freeman and Wandrea “Shaye” Moss. The 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 acknowledges in the filing 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.
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