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