“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.
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.
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.”
The court is back in session.
The federal judge Beryl Howell has just taken the bench, the Guardian’s Sam Levine reports.
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.
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:
The court is currently on break until around 1.15pm ET.
Here is where the day stands:
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“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.
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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.
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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.
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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.
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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.”
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.
“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.
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.
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.
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.
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.
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.”
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.
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.
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:
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House Republicans are set to vote today to formalize their impeachment inquiry of Joe Biden.
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Hunter Biden is set to appear before the House Oversight Committee for a closed-door interview at 9:30am ET, Politico reports.
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Kamala Harris is launching the Biden administration’s Safer States Initiative to provide states with additional tools to reduce gun violence.
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