Rudy Giuliani is not disputing that he made public comments falsely claiming two Georgia election workers committed ballot fraud during the 2020 presidential race.
Rudy Giuliani speaks with reporters as he departs the federal courthouse, May 19, 2023, in Washington. Giuliani is not disputing that he publicly made statements about two Georgia election workers that were defamatory and false, but he contends they were constitutionally protected statements, according to a statement filed in court.
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. 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.”
Freeman and Moss filed a motion this month alleging that Giuliani had “failed to take any steps to preserve relevant electronic evidence.” They know such evidence exists because other people provided it to them, their filing says. They asked U.S. District Judge Beryl Howell in Washington to impose sanctions.
The records that Moss and Freeman said were not produced “have not been in the possession of Giuliani since their seizure in April 2021,” according to the court filing, and therefore it is “physically impossible” for him to have destroyed the evidence. In a court filing that month, Giuliani asked the judge to toss the lawsuit, arguing the claims against him were barred by First Amendment protections for free speech. Howell rejected that request, allowing the lawsuit to proceed.
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