After the first day of his trial, as jurors began hearing evidence to determine how much Giuliani should pay for defaming the two women, Giuliani approached television cameras outside the courtroom and reiterated his attack on them.
“I certainly don’t regret it,” he said of years of discredited efforts to charge Freeman and Moss with election fraud. “They’re engaged in swinging votes.” Giuliani said he would further investigate the allegations when he takes the stand this week.
When the hearing reconvened Tuesday morning, an incredulous Howell said the comments “could support another defamation claim.”
In his opening statement Monday, Sibley told jurors that Giuliani had wronged two election workers, whom he described as “good people” who did not deserve the flood of threats they received. But Giuliani contradicted that sentiment by updating his false accusations about Moss and Freeman to reporters outside court.
“I don’t see how that can be reconciled,” Sibley admitted in response to Howell’s questions.
The attorney cited the mayor’s age as a factor.
“It’s taken a toll on him. He’s almost 80 years old,” Sibley said, “and Mr. Giuliani has health concerns.”
Howell said he saw no evidence that Giuliani had problems concentrating or absorbing the proceedings unfolding in his damages investigation. He noted that he was alert and answering questions throughout the day on Monday. But she worries whether he will be able to follow the court’s instructions, especially when he has to testify.
Sibley said he could influence Giuliani’s behavior more than if he left the building.
