Closing summary
Here is a wrap-up of the day’s key events:
The plaintiffs completed their side of the case at the end of Wednesday, ending with Ruby Freeman’s testimony of the ways the election conspiracies upended her life. Rudy Giuliani’s team will present its side on Thursday, with Giuliani possibly taking the stand.
Freeman testified about her experiences following Giuliani’s defamatory comments made towards her in which he accused her of committing election fraud. “Sometimes I don’t know who I am,” said Freeman.
Freeman shared the messages she received after lies by Trump and Giuliani spread around the internet. The messages included graphic language, racist imagery and slurs, harassment and death threats. She feared for her life.
Freeman said that she had to move from her home for safety reasons and has not felt comfortable telling her new neighbors her name. She didn’t put her house or utilities in her name out of concern for her safety.
Joe Sibley, Rudy Giuliani’s lawyer, tested the idea that perhaps Giuliani’s defamation case actually helped Ruby Freeman and Shaye Moss, the Guardian’s Sam Levine reports. Sibley pointed to Freeman and Moss receiving the Presidential Citizens Medal from Joe Biden earlier this year, as well as Moss being awarded the John F Kennedy Profile in Courage award.
Joseph Sibley also tried to undercut the idea that tens of millions of dollars are needed to repair the reputations of Freeman and Moss’ reputation. He assailed the idea of using a reputational repair campaign as a way of quantifying the harm of a defamed statement. He also suggested that until Ashlee Humphreys – a professor from Northwestern University and an expert witness of plaintiffs Ruby Freeman and Shaye Moss - utilized it in the E Jean Carroll defamation case, it has not been used.
“The defamatory claims had a significant, negative and long-lasting impact on the reputations of Ms Freeman and Ms Moss,” said Ashlee Humphreys. “Ms Freeman and Ms Moss are widely associated with claims of election fraud,” Humphreys added.
Ashlee Humphreys said in court that prior to 3 December 2020, there was almost no search traffic for “Ruby Freeman”. Afterwards, there was an increase, she said.
Ashlee Humphreys also analyzed a Donald Trump campaign advertisement about suitcases in Atlanta’s State Farm Arena, the Guardian’s Sam Levine reports. According to Humphreys, the advertisement got between 8m and 18.2m impressions from the Trump campaign and Trump Twitter accounts.
Ashlee Humphreys also explained the omnipresent nature of podcasts and how they appear on various platforms, according to Law & Crime reporter Brandi Buchman. Humphreys added that Rudy Giuliani’s podcast in which he accused Shaye Moss and Ruby Freeman of cheating was widely shared on multiple platforms including his website and One America Network, a far-right cable news channel.
Federal judge Beryl Howell called out Rudy Giuliani for disparaging the plaintiffs’ counsel last night following yesterday’s court hearing, saying that it violated a court stipulation. “I thought I could make comments about counsel,” said Giuliani, adding: “I will not do it in the future.” In response, Howell said, “There’s a lot of accidents going on here, Mr Giuliani.”
Updated
Rudy Giuliani’s attorney did not cross-examine Ruby Freeman.
Plaintiffs have rested their case, leaving the defense to present their side tomorrow. Giuliani may testify.
Freeman says she moved for safety after onslaught of threats
Ruby Freeman, a former elections worker in Georgia, testified that she had to move from her home for her safety after a barrage of threats.
At her new home, she felt she couldn’t tell any neighbors her name. She couldn’t put all the utilities and home-related documentation in her name, WUSA9’s Jordan Fischer wrote on X.
When she saw the insurrection at the US Capitol on 6 January, she thought it could have been her.
Updated
Ruby Freeman wore a shirt with her name on it when she was working the election in early December 2020, which showed in surveillance video of the State Farm Arena, where ballots were processed.
Freeman said on the stand today that she became a target because Trump needed someone to blame and they saw her shirt and figured out who she was.
“This was the plan, if No 45 didn’t win, they had already set this plan up. Now that my name is on the shirt, they can fill in the spaces. This is what they were going to do, saw my shirt, and they filled in the blanks,” she said, according to Law & Crime’s Brandi Buchman.
Amateur sleuths watching surveillance footage of normal election procedures have ignited harassment campaigns against election workers, in many instances based on misinterpretations or misunderstandings of ballot processes.
In one instance, elections officials in Denver decided to stop posting live streams of ballot processing to protect the safety of election workers.
Updated
Ruby Freeman, a former election worker in Georgia who became the subject of election lies spread by Rudy Giuliani, is testifying about the racist, graphic, threatening messages she started receiving in December 2020.
The messages, shared in full by Law & Crime’s Brandi Buchman, include racist imagery, references to bodily harm, slurs and threats. Buchman’s thread includes the full messages:
Election workers and officials across the country have shared the kinds of harassment and threats they faced in 2020 and after as a result of election lies.
Ruby Freeman said she never considered herself a political person. She just voted, Law & Crime’s Brandi Buchman reports.
In response to whether she would have thought at any point to double-check the ballots, Freeman said no, adding that the ballots were sealed in an envelope.
She went on to say that nothing memorable happened after election day of 2020. However, that changed on the night of 3 December, going into the early morning of 4 December, Freeman testified.
Updated
Ruby Freeman said that she started selling clothes as a street vendor at the Atlanta Braves’ baseball stadium in the late 1980s, Law & Crime’s Brandi Buchman reports.
Freeman added that she eventually changed to different sales and sold items under Ruby’s Unique Treasures.
In 1984, Freeman’s daughter Shaye Moss was born. Moss went on to graduate from college in 2001 and “blessed me with a grandson”, Freeman said, Buchman reports.
When asked why she volunteered to work on the 2020 presidential elections, Freeman said that when she worked with the 911 dispatch division of the police department, Fulton county “was so special to me”. As a result, when the 2020 elections came around, she chose to volunteer.
Updated
Ruby Freeman is asked what her nickname, Lady Ruby, means to her.
She says it means classy and unique, reports Law & Crime’s Brandi Buchman.
However, her voice begins to crack as she says that she no longer goes by the nickname.
“I can’t use my name any more. I’m no longer Lady Ruby. Sometimes I don’t know who I am,” Freeman says, Buchman reports.
Freeman adds that she likes her last name because it symbolizes being a freed person during slavery.
Updated
Law & Crime’s Brandi Buchman reports Ruby Freeman being sworn in.
Freeman is wearing a white blazer and an orange turtleneck with black pants.
Buchman reports Freeman introducing herself to the jury as Lady Ruby, a nickname she has used for a long time.
Ruby Freeman takes the stand
Freeman’s testimony will follow the testimony of Shaye Moss, which was delivered earlier this week.
Updated
Joe Sibley, Rudy Giuliani’s lawyer, has asked whether Ruby Freeman and Shaye Moss would use the money to repair the damage done to their reputations, Law & Crime’s Brandi Buchman reports.
In response, Ashlee Humphreys said that they are free to do whatever they wish with the money.
Here is some additional color from the courtroom, according to Buchman:
Updated
Joe Sibley, Rudy Giuliani’s lawyer, is testing the idea that perhaps Giuliani’s defamation case actually helped Ruby Freeman and Shaye Moss, the Guardian’s Sam Levine reports.
Sibley pointed to Freeman and Moss receiving the Presidential Citizens Medal from Joe Biden earlier this year, as well as Moss being awarded the John F Kennedy Profile in Courage award.
Updated
Giuliani's attorney tries to undercut idea it will take tens of millions to repair election workers' reputation
Joseph Sibley, Rudy Giuliani’s attorney, has been trying to undercut the idea that tens of millions of dollars are needed to repair the reputations of Freeman and Moss’ reputation.
He has assailed the idea of using a reputational repair campaign as a way of quantifying the harm of a defamed statement. He has suggested that until Humphreys utilized it in the E Jean Carroll defamation case, it has not been used. And under his questioning, Humphreys has been unable to give an example of a private person who has not been able to undertake a reputation repair campaign (she detailed how the brand Dior successfully ran one after John Galliano, its creative director, made antisemitic remarks).
Sibley has also noted that Georgia officials and media outlets have widely reported that the statements about Freeman and Moss are not true. He has pressed Humphreys to acknowledge that she did not fully analyze what effect that could have on the need for a reputation repair campaign. Essentially, he is trying to seed the idea that she only studied Giuliani’s defamatory statements in a vacuum without broader context of efforts to combat lies about Freeman and Moss.
He has also suggested that no campaign can successfully convince Americans the election wasn’t stolen.
Updated
According to Law & Crime’s reporter Brandi Buchman, Joe Sibley, Rudy Giuliani’s lawyer, said that in the three years since “unfortunate events” happened to Ruby Freeman and Shaye Moss, has there not been a campaign stating they did not commit fraud?
Following some back and forth, federal judge Beryl Powell interjected and said: “Reminding the jurors again, questions are not evidence.”
Ashlee Humphreys then proceeds to note that one in three people still believe that the 2020 presidential election was fraudulent, Buchman reports.
Updated
Key event
Joe Sibley, Rudy Giuliani’s lawyer, asked Ashlee Humphreys why all her individual defamation cases “involve rightwing figures as defendants”, the Guardian’s Sam Levine reports.
“Is there a reason for that?” Sibley asked.
“No,” Humphreys said in response.
Updated
Rudy Giuliani’s lawyer, Joe Sibley, is set to cross-examine Ashlee Humphreys, the Guardian’s Sam Levine reports.
“Today’s misinformation might be tomorrow’s truth,” said Sibley, pointing to the Covid-19 lab leak theory and Hunter Biden’s laptop.
In response, the plaintiffs’ lawyers object and it is sustained. Judge Beryl Howell goes on to say, “I don’t know where you’re going with that.”
Updated
Court is back in session
The court is back in session.
The federal judge Beryl Howell has just taken the bench, the Guardian’s Sam Levine reports.
Updated
Reuters also has a report that Trump cannot assert presidential immunity from a defamation lawsuit by E Jean Carroll, the writer who accused him of rape.
A US appeals court made the ruling on Wednesday, dealing him another setback in litigation she has pursued.
The second US circuit court of appeals in Manhattan upheld a federal judge’s decision to reject Trump’s claim of immunity.
Carroll in the lawsuit sought at least $10m in damages from Trump over comments he made in June 2019, when he was president, after she first publicly accused him of raping her in a Manhattan department store dressing room in the mid-1990s. Trump denied knowing Carroll, said she was not his “type”, and that she made up the rape claim to promote her upcoming memoir.
Updated
Away from the Rudy Giuliani trial, there has been a flurry of news about his former boss in the past few hours.
The supreme court on Wednesday said it would hear an appeal that could upend hundreds of charges stemming from the Capitol riot, including against Donald Trump.
The justices will review an appellate ruling that revived a charge against three defendants accused of obstruction of an official proceeding. The charge refers to the disruption of Congress’s certification of Joe Biden’s 2020 presidential election victory over Trump.
You can read the full story here:
Updated
Summary
The court is currently on break until around 1.15pm ET.
Here is where the day stands:
“The defamatory claims had a significant, negative and long-lasting impact on the reputations of Ms Freeman and Ms Moss,” said Ashlee Humphreys, a professor from Northwestern University and an expert witness of plaintiffs Ruby Freeman and Shaye Moss. “Ms Freeman and Ms Moss are widely associated with claims of election fraud,” Humphreys added.
Ashlee Humphreys said in court that prior to 3 December 2020, there was almost no search traffic for “Ruby Freeman”. Afterwards, there was an increase, she said.
Ashlee Humphreys also analyzed a Donald Trump campaign advertisement about suitcases in Atlanta’s State Farm Arena, the Guardian’s Sam Levine reports. According to Humphreys, the advertisement got between 8m and 18.2m impressions from the Trump campaign and Trump Twitter accounts.
Ashlee Humphreys also explained the omnipresent nature of podcasts and how they appear on various platforms, according to Law & Crime reporter Brandi Buchman. Humphreys added that Rudy Giuliani’s podcast in which he accused Shaye Moss and Ruby Freeman of cheating was widely shared on multiple platforms including his website and One America Network, a far-right cable news channel.
Federal judge Beryl Howell called out Rudy Giuliani for disparaging the plaintiffs’ counsel last night following yesterday’s court hearing, saying that it violated a court stipulation. “I thought I could make comments about counsel,” said Giuliani, adding: “I will not do it in the future.” In response, Howell said, “There’s a lot of accidents going on here, Mr Giuliani.”
Updated
At a minimum, it could cost Ruby Freeman and Shaye Moss anywhere between $17.8m and $47.4m, an expert just testified in their defamation case against Rudy Giuliani.
Ashlee Humphreys, a marketing professor at Northwestern University, is testifying as an expert witness to try and put a dollar amount to quantify the harm Freeman and Moss suffered as a result of Giuliani’s lies. She was hired by lawyers for Freeman and Moss to perform her analysis.
“The defamatory claims had a significant, negative and long-lasting impact on the reputations of Ms Freeman and Ms Moss,” she said.
She began by studying the number of impressions – essentially views – Giuliani’s defamatory statements about the two women had after 3 December 2020. She found there were hundreds of thousands of impressions, typical of information that goes viral.
A reputational repair campaign would have to essentially make as many correctives as the number of impressions Giuliani had across multiple media platforms, including television and social media.
Freeman and Moss have asked for between $13.5m and $43m in damages. In addition to compensatory damages, they are also seeking punitive damages against Giuliani.
Updated
Expert witness: 'The defamatory claims had a significant, negative and long-lasting impact' on plaintiffs' reputations
“The defamatory claims had a significant, negative and long-lasting impact on the reputations of Ms Freeman and Ms Moss,” said Ashlee Humphreys, the Guardian’s Sam Levine reports.
“Ms Freeman and Ms Moss are widely associated with claims of election fraud,” Humphreys added.
Updated
Ashlee Humphreys said in court that prior to 3 December, 2020, there was almost no search traffic for “Ruby Freeman”, the Guardian’s Sam Levine reports.
Afterwards, there was an increase, she said.
Earlier, Humphreys said that her analysis of the infamous call between Donald Trump and Georgia’s secretary of state, Brad Raffensperger, during which Trump accused Freeman of being a “professional vote scammer”, showed that there were 33m total impressions and 11.7m receptive impressions.
Updated
Ashlee Humphreys is currently analyzing a Donald Trump campaign advertisement about suitcases in Atlanta’s State Farm Arena, the Guardian’s Sam Levine reports.
According to Humphreys, the advertisement got between 8m and 18.2m impressions from the Trump campaign and Trump Twitter accounts.
She is about to analyze the reach of Trump’s defamatory statements that he made to Georgia’s secretary of state, Brad Raffensperger, about Ruby Freeman in his infamous January 2021 phone call in which he pressured Raffensperger to change the state’s election results.
Updated
Ashlee Humphreys explained the omnipresent nature of podcasts and how they appear on various platforms, according to Law & Crime reporter Brandi Buchman.
Humphreys added that Rudy Giuliani’s podcast in which he accused Shaye Moss and Ruby Freeman of cheating was widely shared on multiple platforms including his website and One America Network, a far-right cable news channel.
According to Buchman, Humphreys also noted that the impressions of Giuliani’s defamatory statements which she estimated from Giuliani’s website and One American Network are just a segment of what she tracked.
Updated
Ashlee Humphreys, a Northwestern University professor and the plaintiffs’ witness on the case’s damages, is talking about the speed with which information spreads on social media, the Guardian’s Sam Levine reports.
One an individual becomes well-known on social media, there is no way to going back to being anonymous, she said.
Judge: Giuliani's remarks on plaintiffs' counsel violate a court stipulation
Federal judge Beryl Howell called out Rudy Giuliani for disparaging the plaintiffs’ counsel last night following yesterday’s court hearing, saying that it violated a court stipulation, the Guardian’s Sam Levine reports.
“I thought I could make comments about counsel,” said Giuliani, adding, “I will not do it in the future.”
In response, Howell said, “There’s a lot of accidents going on here Mr. Giuliani.”
Updated
Expert witness to testify first on how she calculated damage for election workers
Lawyers for Shaye Moss and Ruby Freeman are just starting on their first witness of the day, Ashlee Humphreys, a professor at Northwestern University.
Humphreys is an expert witness who studies social media and is expected to testify about how she calculated the damages Moss and Freeman are entitled to.
Just as they have been all week, Moss, Freeman, and Giuliani are in the courtroom. Moss and Freeman are sitting next to each other at a table with their lawyers. Freeman’s back is to Giuliani, who is sitting at a table parallel to them with his lawyer.
Ruby Freeman is expected to testify later today.
Updated
During his America’s Mayor Live show on Tuesday, Rudy Giuliani commented on his ongoing defamation trial and continued his attacks against Shaye Moss and Ruby Freeman, saying:
“They’re seeking $40m. Oh yeah. They’re seeking $40m for the damage that I allegedly did to them. One of them did testify that she has no money, they do have an endless number of lawyers in the courtroom however for people that don’t have any money…
One of the clients said that she’s having a hard time making ends meet. That’s a lot of lawyers to be paying.”
During Tuesday’s testimony, Giuliani’s lawyer, Joseph Sibley, asked Moss why it would cost her millions to repair her reputation which has been damaged as a result of Giuliani’s lies.
Moss, who has since suffered from anxiety and depression, as well as difficulty seeking employment, replied:
“I personally cannot repair my reputation at the moment because your client is still lying on me and ruining my reputation further… We need to make a statement. We need to ensure that the election workers that are still there don’t have to go through this. Hopefully by hitting someone in their pockets, for someone whose whole career has been about their pockets, we will send a message.”
In an emotional testimony yesterday, former election worker Shaye Moss explained the ways that Rudy Giuliani’s lies have affected her life, saying, “Most days I pray that God does not wake me up and I just disappear.”
Here is more on Moss’s testimony from the Guardian’s Sam Levine, who will be reporting again from the courthouse today:
For more than two hours on Tuesday, Moss – a former Atlanta election worker – gave haunting testimony explaining how her world was upended after the fateful day when she became aware Rudy Giuliani was falsely accusing her of fraudulently counting mail-in ballots.
“Most days I pray that God does not wake me up and I just disappear,” she said.
Dressed in a black blazer with sparkling, long acrylic nails, Moss’s hand shook as she was sworn in as a witness. She described how she fears her son will come home from school and find her and her grandmother hanging from a tree in their yard. How she pushed everyone close to her away because she didn’t want them to suffer any reputational harm. How she gets anxiety attacks. How she sometimes will have to pull over because she thinks someone is following her.
She also recounted how she became a “pariah” in the elections office and left the job she loved, having worked her way out of the mailroom. How she felt like “the worst mom in the world” when her son failed all of his classes in ninth grade after he started getting harassing messages.
For the full story, click here:
I’m here at the federal courthouse in Washington where the third day of a defamation lawsuit against Rudy Giuliani is set to enter its third day.
This morning we are set to hear deposition testimony from a poll watcher who was at the State Farm arena in November 2020.
Yesterday’s testimony was harrowing. We heard from Shaye Moss, one of the plaintiffs in the case who described how Giuliani’s lies had ruined her life.
Giuliani defamation trial continues with witness testimony today
The federal trial of Rudy Giuliani, the former lawyer of ex-president Donald Trump and former New York mayor, is set to continue today in Washington DC.
Giuliani is at the center of a defamation case involving Ruby Freeman and her daughter Shaye Moss, both of whom served as election workers in Georgia’s Fulton county after the 2020 presidential election.
Both women are seeking up to $43m in compensatory and punitive damages after Giuliani made false statements about them following the election, including accusing them of fraudulently counting mail-in ballots.
On Monday, Giuliani’s lawyer told the court that awarding millions of dollars in damages would be like the “death penalty” for his client, adding that “it will be the end of Mr. Giuliani.”
Meanwhile, during a tearful testimony on Tuesday, Moss said that Giuliani’s lies about her turned her life “upside down” and detailed her anxiety and depression that followed from Giuliani’s lies.
Freeman is expected to testify today.
Here are other developments in US politics:
House Republicans are set to vote today to formalize their impeachment inquiry of Joe Biden.
Hunter Biden is set to appear before the House Oversight Committee for a closed-door interview at 9:30am ET, Politico reports.
Kamala Harris is launching the Biden administration’s Safer States Initiative to provide states with additional tools to reduce gun violence.
Updated