Rudy Giuliani has conceded that he made public comments falsely claiming two Georgia election workers committed ballot fraud during the 2020 presidential race but is arguing that the statements were protected by the First Amendment.

That assertion by Giuliani, who as part of Donald Trump’s legal team tried to overturn results in battleground states, came in a filing Tuesday in a lawsuit by Ruby Freeman and Wandrea “Shaye” Moss. Their lawsuit from December 2021 accused the former New York City mayor of defaming them by falsely stating that they had engaged in fraud while counting ballots at State Farm Arena in Atlanta.

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