Rudy Giuliani Doesn’t Contest Claim He Made False Statements About Georgia Election Workers

'This is a legal issue, not a factual issue,' says Mr. Giuliani's adviser

Former New York City Mayor Rudy Giuliani at the Republican National Committee headquarters in Washington on Nov. 19, 2020. (Charlotte Cuthbertson/The Epoch Times)

Former Trump attorney Rudy Giuliani has opted not to contest allegations that he made false statements in a defamation lawsuit brought against him by two Georgia election workers, though his adviser says it’s a legal tactic to move the case forward to where he can file a motion to dismiss.

According to a court document (pdf) filed on Tuesday evening in the U.S. District Court for the District of Columbia, the former New York City mayor did not dispute that he made “false” and “defamatory” statements about two Georgia election workers who he claimed had engaged in election fraud while counting ballots during the 2020 presidential election.

The lawsuit brought by the two women against Mr. Giuliani states that the former Trump attorney repeatedly claimed that election workers Ruby Freeman and Wandrea “Shaye” Moss pulled out suitcases of illegal ballots and committed other acts of fraud in a bid to swing the election against Mr. Trump.

Georgia election officials have denied the claim that the pair did anything untoward, saying that security footage showed that counting had not ended yet when Ms. Freeman and Ms. Moss removed ballots from secure ballot transport boxes at State Farm Arena in Atlanta.

“All allegations made against Freeman and Moss were unsubstantiated and found to have no merit,” states a report (pdf) issued in March 2023 by the Georgia Secretary of State’s investigations division.

The pair sued Mr. Giuliani, claiming they faced harassment—including death threats—because of his claims.

Election worker Ruby Freeman is seen closing a ballot box at the State Farm Arena in Atlanta, Ga., on Nov. 3, 2020. (NTD)

‘Does Not Contest’

Mr. Giuliani said in the court document, which bears his signature, that he “does not contest” four allegations made in the lawsuit. However, the document makes clear that he does not concede that his remarks caused any damage to Ms. Freeman and Ms. Moss, which is key in a defamation lawsuit as plaintiffs must prove that damage took place.

“While Giuliani does not admit to Plaintiffs’ allegations, he—for purposes of this litigation only—does not contest the factual allegations,” the filing states.

Ted Goodman, Mr. Giuliani’s political adviser, said in an emailed statement on Wednesday that the filing should not be understood as an admission of fact but should rather be seen as a legal tactic meant to allow the case to move forward.

“Mayor Rudy Giuliani did not acknowledge that the statements were false but did not contest it in order to move on to the portion of the case that will permit a motion to dismiss,” Mr. Goodman wrote.

“This is a legal issue, not a factual issue,” Mr. Goodman continued. “Those out to smear the mayor are ignoring the fact that this stipulation is designed to get to the legal issues of the case.”

Michael Gottlieb, a lawyer for Ms. Freeman and Ms. Moss, told The Associated Press that Mr. 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; and the allegations of election fraud he and former-President Trump made against them have been false since day one.”

While Mr. Trump has not publicly commented on the recent development in Mr. Giuliani’s case, he has repeatedly stood by his earlier claims that he was robbed of victory in the 2020 presidential election.

In a post on Truth Social on Wednesday, Mr. Trump once again asserted that the election was “rigged and stolen.”

Former New York City Mayor Rudy Giuliani introduces Republican presidential candidate Donald Trump at a rally at the Charlotte Convention Center in Charlotte, N.C., on Aug. 18, 2016. (Brian Blanco/Getty Images)

Bar Panel Recommends Disbarment

Elsewhere, a District of Columbia disciplinary panel recently recommended that Mr. Giuliani should be disbarred over a lawsuit he filed in Pennsylvania challenging the 2020 election results.

A hearing committee of the D.C. Board on Professional Responsibility said in a 38-page decision (pdf) that Mr. Giuliani violated two legal ethics rules in what it described as a “frivolous” lawsuit.

Mr. Giuliani filed a lawsuit challenging Pennsylvania’s 2020 election results, which was ultimately rejected by several courts. The lawsuit sought to invalidate hundreds of thousands of votes following Mr. Trump’s loss in the swing state.

The D.C. panel found that Mr. Giuliani made sweeping claims of voter fraud that he did not have evidence to support. It claimed Mr. Giuliani’s conduct was “calculated to undermine the basic premise of our democratic form of government: that elections are determined by the voters.”

Mr. Giuliani’s lawyer, John Leventhal, told The Epoch Times in a telephone interview that the hearing committee’s decision is merely a recommendation and that Mr. Giuliani’s legal team will seek review before the full board and, if necessary, will appeal the decision “even higher.”

Mr. Goodman called the hearing committee’s decision “part of an effort to deny President Trump effective counsel by persecuting Rudy Giuliani—objectively one of the most effective prosecutors in American history.”

Mr. Giuliani has insisted that federal courts in Pennsylvania ruled incorrectly on Mr. Trump’s 2020 legal challenges.