The fact is that the lawsuit was quite strong on the merits, so the default may not have altered the outcome. Freeman and Moss were called out publicly by Trump and others as engaged in voting fraud. There was no such evidence but Freeman and Moss were relentlessly attacked and abused. These were not opinions, but false factual allegations made against them after the election.

It was clear that Giuliani was not seriously contesting the claims in a two-page statement filed earlier in the case. He stated that he “does not contest” that his statements were “false” and “carry meaning that is defamatory.”

[Maybe Giuliani realized it too. The stipulation that his statements were defamatory but somehow privileged as taking place in the context of litigation was a bizarre defense. By forcing a default through discovery non-compliance, Giuliani gets to spin it as a victimization rather than a retreat. — Ed]