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Michael J. Gottlieb can by no means bear in mind the precise quantity — it’s $148,169,000— {that a} jury ordered Rudolph W. Giuliani to pay the Georgia election employees Ruby Freeman and Shaye Moss. But Ms. Freeman’s phrases after the December 2023 victory are indelible to him.
“Don’t waste your time being indignant at those that did this to me and my daughter,” mentioned Ms. Freeman 65, who along with her daughter Ms. Moss, 39, was falsely accused by Mr. Giuliani of aiding an imagined plot to steal the 2020 presidential election.
“We are greater than conquerors.”
Less than a decade in the past, the 2 ladies would have struggled to discover a lawyer. But Mr. Gottlieb, a companion on the agency Willkie Farr & Gallagher and a former affiliate counsel within the Obama White House, represented them at no cost. Convinced that viral lies threaten public discourse and democracy, he’s on the forefront of a small however rising cadre of legal professionals deploying defamation, one of many oldest areas of the legislation, as a weapon in opposition to a tide of political disinformation.
Mr. Gottlieb has additionally represented the proprietor of the Washington pizzeria focused by “Pizzagate” conspiracy theorists in addition to the brother of Seth Rich, a younger Democratic National Committee employees member whose 2016 homicide ignited bogus theories implicating his household. In the Giuliani case, Mr. Gottlieb, his legislation companion Meryl Governski and different members of his workforce labored with Protect Democracy, a nonpartisan group that pushes for legal guidelines and insurance policies to counter what it sees as authoritarian threats.
Before the Trump period and the explosion of social media, although, such instances had been just about nonexistent.
“The new data panorama we’re in is somewhat bit just like the Wild West — a lawless area,” mentioned Ian Bassin, a co-founder of Protect Democracy. Lawyers, he mentioned, have turned to defamation, which is legally outlined as any false data, both printed, broadcast or spoken, that harms the status of an individual, enterprise or group. “It’s probably the most efficient and solely methods for coping with these out-and-out falsehoods,” Mr. Bassin mentioned.
In the previous few years, greater than a dozen high-profile defamation instances have made their approach by means of the courts. A majority have been introduced in opposition to defendants on the best, however the best brings lawsuits too, typically in opposition to media organizations.
In 2020 and 2021, The Washington Post, CNN and NBC settled a defamation case introduced by Nick Sandmann, a Kentucky highschool scholar, who mentioned the shops had wrongly described his encounter with a Native American elder as a racially tinged confrontation. Mr. Sandmann’s go well with in opposition to different shops, together with The New York Times, ended final week when the Supreme Court declined to listen to the case.
Payouts have been notably giant for defamation instances in opposition to the best. In January the lawyer Roberta Kaplan defeated former President Donald J. Trump in court docket when a jury ordered him to pay $83 million for defaming her shopper, E. Jean Carroll, a author he sexually abused. Last 12 months legal professionals from the agency Susman Godfrey secured a $787.5 million settlement for Dominion Voting Systems from Fox News, one of many largest ever in a defamation case, after Fox aired bogus theories falsely linking the corporate to election fraud. In late 2022 Sandy Hook households defamed by the conspiracy theorist Alex Jones received a complete of practically $1.5 billion from juries in Texas and Connecticut, although Mr. Jones has but to pay them something.
In different instances, the folks harmed, like Ms. Freeman and Ms. Moss, can not afford legal professionals or wrestle to seek out companies keen to pursue defendants unable or proof against paying large damages, like Mr. Giuliani. Mr. Gottlieb has tried to fill that hole.
“The value of bringing a defamation go well with to trial may be monumental, typically exceeding a quarter-million {dollars}’ value of bills, to say nothing of the worth of lawyer time,” mentioned Mark Bankston, a lawyer for a few of the Sandy Hook households defamed by Mr. Jones.
Mr. Gottlieb and his workforce discuss with their instances as a “pastime” in service to these whose lives and reputations have been broken by folks with energy and enormous on-line followings. “I’ve all the time despised bullies that choose on defenseless or seemingly defenseless folks,” Mr. Gottlieb, 47, mentioned in an interview in his Ok Street workplace in Washington. “There are so some ways to make your political factors with out endangering particular person folks’s lives.”
Mr. Gottlieb’s day job is stuffed with the highly effective shopper checklist extra typical of massive Washington legislation companies. He has represented Venezuela’s Citgo petroleum firm; helped the billionaire Steven A. Cohen beat a possible lifetime ban on managing shopper cash after accusations of insider buying and selling at Mr. Cohen’s former hedge fund; and labored with President Biden’s son Hunter on behalf of a Romanian actual property tycoon whose seven-year jail sentence for corruption was later vacated by a Romanian court docket.
“I perceive there are positively individuals who would say, ‘Wait a minute — litigation for Citgo isn’t the identical because the litigation you’re doing for Ruby and Shaye,’” he mentioned. “I really feel lucky to have had a profession the place I’ve had all kinds of instances and have a observe that works totally different ability units and totally different components of my mind.
“However folks need to give it some thought and have a look at it’s form of tremendous with me.”
The Post-Truth World
Mr. Gottlieb, who was a clerk for Justice John Paul Stevens and served on an Obama administration anti-corruption process power in Afghanistan, had his first foray into the post-truth world in 2016. That was when Mr. Jones and his Infowars outlet unfold the lie that Hillary Clinton and Democratic Party operatives had been operating a baby intercourse trafficking ring out of Comet Ping Pong, a Washington pizzeria owned by James Alefantis.
In December of that 12 months, a person who had been binging on Infowars “Pizzagate” episodes fired a rifle contained in the restaurant. No one was injured, however the gunman’s journey to Washington to avenge an imagined crime foreshadowed a collection of violent assaults by conspiracy theorists, together with the Jan. 6, 2021, Capitol revolt.
Mr. Jones insisted that the First Amendment protected the lies he had broadcast, like most defendants in these instances. But threatened with a lawsuit, he made an on-air retraction and eliminated all Pizzagate content material from Infowars’ web site and social media channels. The full settlement stays confidential.
Soon after the Pizzagate case, Mr. Gottlieb represented Aaron Rich, whose brother Seth Rich, 27, labored for the Democratic National Committee and was gunned down in a botched theft in 2016. The case stays unsolved, and wild theories that Seth Rich was killed by Democrats unfold from on-line fever swamps to Fox News. Aaron Rich and his dad and mom had been implicated within the plots, doxxed and harassed.
“If this had occurred to me or my brother or sister and any person was doing this to my dad and mom, I might go ballistic,” Mr. Gottlieb mentioned. “And nobody was serving to them.”
In 2018 Mr. Gottlieb and Aaron Rich sued The Washington Times in addition to an web provocateur, Matt Couch, and a businessman, Ed Butowsky, for spreading falsehoods that the 2 brothers had offered D.N.C. paperwork in a plot that resulted in Seth Rich’s homicide. Mr. Rich finally obtained a confidential settlement that included a retraction of the falsehoods unfold by each males and the newspaper, in addition to an apology to the Rich household. Mr. Rich’s dad and mom retained Susman Godfrey and sued Fox News. They obtained a confidential money settlement, however no apology.
The Rich case had taken years. At one level Mr. Gottlieb was named in a sweeping defamation lawsuit filed by one of many defendants, which was later dropped.
The aftermath of the 2020 election introduced extra calls from potential purchasers. Mr. Gottlieb appealed for assist to Mr. Bassin, the co-founder of Protect Democracy, who had served with Mr. Gottlieb within the Obama White House Counsel’s Office.
The Georgia Case
Less than two months later, Mr. Gottlieb and his workforce had been writing the criticism in Ruby Freeman, et al., v. Rudolph Giuliani.
In his frenzied public scramble to make his case that the 2020 election was stolen from Mr. Trump, Mr. Giuliani, the previous president’s lawyer, had unfold the false story that Ms. Freeman and her daughter Ms. Moss had colluded to falsify outcomes whereas counting ballots in Georgia. He falsely claimed {that a} video displaying Ms. Freeman handing a small merchandise to her daughter — a ginger mint — was the 2 ladies exchanging USB thumb drives “as in the event that they’re vials of heroin and cocaine.”
Mr. Trump echoed the bogus allegations. In an notorious taped telephone name with Georgia election officers, Mr. Trump named Ms. Freeman repeatedly, calling her a “skilled vote scammer” and “hustler.”
Threats poured in to the 2 ladies. People referred to as them traitors and, utilizing racial slurs, demanded they be lynched or shot. Others banged on Ms. Freeman’s entrance door and lurked outdoors her house, forcing her into hiding. Ms. Moss had to surrender her job as an election employee and struggled to seek out work.
Mr. Giuliani mentioned he would show his innocence. But he didn’t submit court-ordered paperwork, testify or name witnesses. In the courtroom, he fiddled along with his telephone and rolled his eyes whereas the 2 ladies described their terror.
In December, a jury in federal court docket in Washington ordered Mr. Giuliani to pay Ms. Freeman and Ms. Moss the $148 million. The case was placed on maintain after Mr. Giuliani declared chapter, and Ms. Freeman and Ms. Moss are actually suing Mr. Giuliani once more, for his continued false statements about them.
Law for Truth, a part of Protect Democracy, has within the meantime filed defamation fits in opposition to the makers of the election conspiracy idea movie “20,000 Mules”; James O’Keefe, the previous chief of Project Veritas, a right-wing group recognized for its sting operations; and Kari Lake, a candidate for U.S. Senate in Arizona, on behalf of individuals smeared by lies Ms. Lake advised in regards to the 2020 election.
Despite the exercise, legal professionals who see themselves as crusaders in opposition to lies usually are not declaring victory. Their instances are excessive profile and goal key disinformation spreaders, however they acknowledge that they don’t put a dent in additional common widespread disinformation, like false statements about Covid vaccines.
“I believe these lawsuits could also be efficient in stemming a few of the worst viral disinformation,” mentioned Katie Fallow, a senior counsel on the Knight First Amendment Institute at Columbia University. “But there could also be limits to how efficient these lawsuits may be when there are different incentives, notably political ones, to maintain spreading it.”
Kenneth P. Vogel contributed reporting. Kitty Bennett contributed analysis.
