Former New York City mayor and attorney to ex-President Donald Trump, Rudy Giuliani, has found himself in an unusual legal situation this week. Giuliani has made the decision to testify in the defamation case brought upon by Atlanta poll workers Ruby Freeman and Shaye Moss.
Significant questions arise when examining the court documents. Giuliani’s name appeared on the defence “will call” witness list for the trial scheduled to begin on December 11. The documents state that Giuliani “may testify regarding the statements he made regarding Ms. Moss and Ms. Freeman and the circumstances surrounding those statements”.
This plot twist follows the former Trump attorney’s controversial remarks falsely accusing Freeman and Moss of tabulating thousands of fraudulent ballots during the 2020 presidential elections – accusations that exposed them to harassment and threats, upturning their lives. These remarks have also ensnared Giuliani in a RICO indictment in Fulton County, Georgia.
The decision to offer himself as a witness under these circumstances has raised eyebrows. Speculation is rife on whether Giuliani plans to take the Fifth – exercising his right to refuse to give evidence on the grounds that it may incriminate him.
In a surprise move, Giuliani, through his lawyer Joseph Sibley IV, made a request yesterday to Judge Beryl Howell. He asked her to replace jury selection for his trial with a bench trial, set to take place in three weeks. His proposal is to have the case heard and decided by the judge, in front of whom Giuliani had previously fallen foul by failing to comply with discovery, resulting in strong sanctions and a default judgement against him.
The shift in legal strategy, initiated at this late stage, suggests that instead of facing a jury, Giuliani now, seemingly, prefers to place his fate in the hands of the court. The timing could suggest various motives including a possible attempt to avoid further adverse inferences, cutting down legal fees or, possibly, a misguided faith in his own legal acumen.
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