Rudy Giuliani’s lawyer opposes defamation lawsuit

Rudy Giuliani.

Rudy Giuliani.

Former Trump Attorney Rudy Giuliani on Friday submit the feedback documents to one defamation lawsuit against him in 2020 Georgia election workers. One of the responses contained a clear and curious admission of what the defense called “merely an element” of the defamation complaint, but Giuliani’s attorney vowed to fight back. against the overall charges of liability and denied that Giuliani had “lie” about the plaintiffs suing. he.

The original problemfiled by the plaintiff Ruby Freeman and Wandrea “Shaye” Moss just before Christmas 2021, alleging that a set of defendants – Giuliani among them – were “responsible for the assassination of partisan figures” that occurred after the 2020 presidential election. Freeman was “a person of interest” interim elections officer”, while Moss “oversaw Fulton County absentee voting in the 2020 general election” the lawsuit says that.

The casestylized as Freeman sues Herring Networks, Inc., Giuliani is the individual defendant. Herring Networks operates the One America News Network (OAN). Also the defendant’s name is a reporter Chanel Rionnetwork founder Robert Herringand network president Charles Herring.

Giuliani react is a typical, line-by-line rebuttal to the claims filed by plaintiffs last year.

“The conduct of free and fair elections in the United States rests on the service of nonpartisan election workers,” original lawsuit accused. “For most of American history, these ordinary citizens have received thanks for their efforts, even from flawed candidates. In the 2020 federal election, however, that venerable tradition was decimated by anti-democrats desperate for scapegoats they could blame for election results they refused to accept. receive. “

Giuliani answered to that passage as follows:

This passage has rhetorical arguments containing opinions without response. However, to the extent that the passage makes factual assertions concerning that election workers are necessary for democracy, Giuliani acknowledges this to be true and denies the rest of the passage to the extent that it makes any factual assertions.

Elsewhere, Giuliani admit asserts the basic fact that “Plaintiff was an election officer in Georgia during the 2020 Election”, but he refuse to admit that the plaintiffs were “among those scapegoats” in the myriad allegations of electoral disadvantage. I also refuse to admit that the plaintiffs “share a patriotic commitment to a free and fair democratic process.”

Most of Giuliani .’s 21 pages react contained a broad and perfunctory denial of gross misconduct, but his response to paragraph 23 of the plaintiff’s complaint was outstanding. Here are the original accusations by the plaintiffs (with added emphasis):

23. Defendant Rudolph W. Giuliani is a former politician and government official who became a podcast and radio host, a media personality, and (sometimes) Donald Trump’s personal attorney. . He resides in New York but has engaged in an ongoing process of conduct in the County with respect to the statements in question, and of information and belief, assured of defamatory statement described below from Washington, DC

This is brevity and punctuality react:

23. Enrollment.

That one-word response failed to carefully parse or even attempt to separate the words “defamation claims” from the rest of the allegations in the original.

Attorney Austin, Texas Joseph D. Sibley IVGiuliani’s representative, responded by email when asked by Law & Crime to explain clause 23:

In libel law, there is a difference between a statement that is defamatory (which tends to rate a person negatively) and is liable for defamation, with all elements/identifications its state. Obviously, we are of the opinion that Mr. Giuliani is not liable for defamation (or any other cause of action) in this case. However, we cannot and will not assume that his claims of electoral fraud are not defamatory. That would not be a good faith position. But defamation is only one element of a defamation claim, and we intend to demonstrate that Plaintiff was unable to meet some of those other factors (beyond our affirmative defense). . Other than that, I can’t comment.

The question of whether a statement is likely to carry a “defamatory meaning“Usually a question of the law – that is one for a court to decide in summary judgment phase of a proceeding before taking the jury seat, under some circumstances. One of the case explained as follows (we have omitted many legal citations):

Procedurally, the trial court has the function of determining whether the communication complained of is defamatory. If the court determines that the statement is potentially defamatory, the jury must determine whether the recipient understood it.

Another case is explained as follows (again, quoting omitted):

Whether a publication has the potential to be defamatory was initially a question for the courts. But when an imported publication is unclear or questionable, the jury must determine its meaning.

And other:

If, at the summary judgment stage, the court determines that the publication has the potential to carry a defamatory connotation, the jury must determine whether that meaning was in fact attributed.

[ . . . ]

In general, a publication can convey defamatory connotations if it “tends to be condescending [the] plaintiffs in estimating a substantial, respectable group, even though they are a minority in the total community or associates of the claimant. “

The analysis can become difficultas the last case pointed out, because “defamation inference[s]”Can still be derived from “materially true facts”. And, if that happens, the plaintiff could still lose, case law indicates. Here is the relevant passage from the Washington, DC Court of Appeals case referenced several times here:

[I]Communication fa, seen in its entire context, merely conveys materially true facts from which a defamatory inference can be reasonably drawn, the defamation is not intended. create. But if the communication, in the particular manner or language in which the facts are communicated, provides additional, affirmative evidence that shows that the respondent plan or approved defamatory inference, communications will be deemed likely to carry that meaning.

Overall, Giuliani’s attorney appeared willing to give in to a single step in the analysis but still wanted to challenge the others. Additional steps or factors, according to the first case cited above (which itself cites the original version of the 1938 Improvement), which may include the following:

In a defamation action, the plaintiff is obligated to demonstrate, where the matter is reasonably raised: (a) The defamatory nature of the communication; (b) Respondent’s statement; (c) Its application to the plaintiff; (d) The recipient’s understanding of its defamatory meaning; (e) The recipient’s understanding of it as it is intended to apply to the claimant; (f) Special harm caused to the plaintiff from its publication; (g) Abuse of a conditional privileged occasion.

Accordingly, the written response automatically asserts several affirmative defenses, including First Amendment, possible statute of limitations, one-time publication rule, procedural privilege/immunity from the law. attorney, legislative and/or official procedural privileges, that “some and/or all of the statements by Giuliani complained of are substantially true,” and any damages. suffered “not by Giuliani” but by “interventional and/or alternative causes”.

Elsewhere in answer materialGiuliani heavily and persistently denied many of the plaintiffs’ “facts” that he “lied” when talking about the 2020 election. In another part of his response, Giuliani denied that he he made “lies about Plaintiff” and denied that he was accused of “lies that were outlandish.”

Indeed, most of the Reply contains this response to claims of misconduct: “This paragraph contains legal content that does not require a response.” Or, it says that Giuliani “denies. . . passage to the extent it makes any factual claims. “

Giuliani also responded to the following plaintiff’s passage for the purpose of recapitulating his core claims against the plaintiffs:

At the hearing, a lawyer supporting the Trump campaign released video surveillance of absentees and military vote counting at State Farm Arena. This edited footage from the surveillance video would later come to be known as the “Trump Edited Video”. While the edited video of Trump was playing, the campaign representative stated that Republican observers were asked to leave the arena contrary to Georgia law and that, after they left, Plaintiffs and Other election workers produced and counted 18,000 fraudulent, concealed ballots — more than the margin of victory in the presidential race. The representative mentioned “voting suitcase” [stored] under the table, under the tablecloth; ” identified the election workers in the room as “the woman in purple,” “two women in yellow,” and “the woman in the yellow braid who told everyone to leave.” ;” and said “one of them has Ruby on her shirt somewhere.”

Here is Giuliani’s response to those allegations:

Giuliani admitted that the quotes appeared in the cited references, Giuliani admitted that a video existed and existed and was published during the event in question, however, he denied the allegation. that the video has been manipulated to give a false impression.

In one Reply to paragraph 131 of the original complaint, Giuliani”[a]denies “original allegation that he” helped the Trump Campaign shape its legal strategy after the 2020 presidential election, participates directly in some of its lawsuits, on behalf of the Campaign Trump in hearings before multiple state legislatures, holding press conferences, and making media appearances — including on the OAN. ” However, he “denies” that he made those efforts “in the personal capacity of President Trump.” In other words, he asserted that he was supporting the campaign as an organization and not as Trump personally.

In one Reply to paragraph 134, which in part alleges that “Giuliani leads the ‘war room’ of the Trump Campaign. . . at the Willard Hotel, “Giuliani” admitted to participating in activities on behalf of the Trump Campaign at the Willard Hotel but denied the truth of the rest of the allegations. ”

As for paragraph 135, Giuliani admitted to speaking on Ellipse on January 6, 2021 but denied the assertion that he had made a “lie about Plaintiff” while doing so.

“Giuliani denies all allegations in prayer for relief,” the document said near its conclusion. Giuliani also denied that the plaintiffs were private figures for the purpose of smearing the law.

“Defendant prays that Plaintiff has nothing to lose, that Respondent will be reimbursed for his expenses, and for all other relief to which Respondent has shown himself to be entitled,” the filing concludes.

Read the original doc and Giuliani’s response below:

[Image via screengrab from OAN/YouTube.]

Is there a trick we should know? [email protected] Rudy Giuliani’s lawyer opposes defamation lawsuit

James Brien

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