Letter from the Lincoln Project's Lawyers to Rudy Giuliani, January 30, 2021

The Lincoln Project's lawyers have demanded that Rudy Giuliani retract his false statements.

The letter was posted to Twitter as image files, which are okay for reading but difficult to quote.

https://twitter.com/ProjectLincoln/status/1355618315570393090

For anyone who'd like to quote some of these succinct and powerful sentences, I offer the barely-corrected output of my OCR software.


January 30, 2021

The Lincoln Project Letter to Rudolph W. Giuliani, Caplin & Drysdale, January 30, 2021

Caplin & Drysdale, Chartered
One Thomas Circle, NW, Suite 1100
Washington, DC 20005
202-862-5000 202-429-3301 Fax
www.caplindrysdale.com

January 30, 2021

VIA CERTIFIED MAIL

Mr. Rudolph W. Giuliani
45 East 66th Street
New York, NY 10065

Re: Your False and Defamatory Statements about The Lincoln Project
(with Accompanying Notice to Preserve All Relevant Documents, If Any)

Mr. Giuliani:

You were once a respected and respectable figure.

Your unfortunate, self-inflicted decline has been a public spectacle. You wanted to “lock her up.”1 You panhandled foreign interests.2 You defended porn-star payoffs in eye-popping media appearances.3 You revealed sleazy schemes in butt-dialed voicemails.4 You gave a mattress-top interview to someone you thought was a journalist “looking for more,” but turned out only to be a comedian who showed you to be an easy mark.5 You represented the President of the United States in a parking lot press conference held right outside Four Seasons Total Landscaping, Fantasy Island Adult Bookstore, and Philadelphia Crematorium.6 You oozed hair dye while you spewed lies about the 2020 election.7 You assembled and led an “Elite Strike Force” legal team that somehow couldn’t manage to spell or to win in court.8

More important than any of that, though, you betrayed your country when you rose to speak on January 6, 2021 before a raucous crowd that your client, ex-President Donald Trump, had invited to gather a short distance from the U.S. Capitol. You promoted bogus conspiracy theories. You said the presidency had been “stolen.” You advocated an extra-constitutional effort to overturn the obvious result of a free and fair election. You denigrated the established legal process for counting certified votes that would begin just moments later in a joint session of Congress. You directed people to “fight to the very end” to make sure that same process “doesn’t happen.” You shouted “Let’s have trial by combat!”9

You told your zealots what to do. They listened. They vandalized. They terrorized. They injured. They killed.

You are responsible for an armed occupation of the U.S. Capitol and an insurrection against the United States. You are responsible for our nation’s first non-peaceful transfer of power since the Civil War. You are responsible for 140 injured Capitol Police. You are responsible for five dead Americans. You incited a riot on January 6th and then stood back to watch. Your immediate reaction to the dreadful scene that day was to phone fleeing Senators to request that they further extend the vote-counting delay that you helped manufacture, which is a treacherous act the public knows about only because you cannot properly operate a smartphone.101

Rather than apologizing for your actions, you have spent the ensuing weeks deflecting blame and grasping for some way to explain your misconduct. You shamelessly muttered, for example, that your demand for “trial by combat” before an angry mob on January 6th was merely a benign reference to a 2014 episode of, as you put it, “that very famous documentary” Game of Thrones" You will say anything to anyone who will listen, but even Fox News is reportedly unwilling to listen to you anymore.12 I can only assume that is why you recently found yourself appearing on Steve Bannon’s online “War Room: Pandemic” program, of all places, to make a grievous error that you will come to regret.

You declared without prompting or proof that my client, The Lincoln Project, “planned” the January 6th insurrection “in order to hurt” Donald Trump. You claimed The Lincoln Project and “some right wing groups that operate for The Lincoln Project” were acting as “wolves in sheep’s clothing,” suggesting that they had somehow disguised themselves as Trump supporters while illegally occupying the Capitol. Mr. Bannon— yes, Steve Bannon— expressed doubt about

your initial claim, but nevertheless you persisted by additionally asserting that “one of the people who organized this is well known for having worked with The Lincoln Project in the past.”

When Mr. Bannon then asked you to reveal the identity of this “guy working with The Lincoln Project,” you responded with “I don’t know if 1can reveal his name, because we have that from anonymous sources.” Mr. Bannon, realizing that you had no evidence to support your wild accusation, stated “You’re killing me... You can’t throw a charge out there like that and then say ‘Yeah, I got a double secret probation guy who I can’t mention.’” Still, you held tight to your fantastical claim about The Lincoln Project for the remainder of your appearance.13

You committed a textbook act of defamation. You publicly accused The Lincoln Project of an infamous and criminal act that it had nothing to do with, as you very well know. You lied.

You have until Wednesday, February 3rd to retract your statement fully and to apologize publicly to The Lincoln Project. Refuse at your peril. In the meantime, you are hereby notified that you should retain any and all documents, including emails and other electronic files, relating to this matter. You will never again be America’s Mayor, but there may still be time to save some of the cash that you pawned your credibility for, should Dominion Voting Systems ultimately leave you with any.

Cordially

Matthew T. Sanderson
Member
Caplin & Drysdale, Chartered
Counsel to The Lincoln Project

1 Chris Massie, Giuliani: When I see Clinton, 7 see her in an orangejumpsuit', CNN (Oct. 25, 2016), https://www.cnn.com/20l6/IO/25/politics/giuliani-clinlon-al-smith-dinner....

2 Kenneth Vogel, While Workingfor Trump, Giuliani Courts Business Abroad, N.Y. Times (Dec. 12, 2018), https://www.nytimes.com/2018/12/12/us/politics/giuliani-consulling-abroa....

3 See, e g., Corky Siemaszko & Adam Edelman, Giuliani Clarifies Comments about Trump, Stormy Daniels Payment, NBC News (May 4, 2018), https://www.nbcnews.com/politics/donald-lrumn/trumn-giuliani-hc-ll-get-h....

4 See, e g., Rich Schapiro, Rudy Giuliani butt-dials NBC reporter, heard discussing needfor cash and trashing Bidens, NBC News (Oct. 25, 2019), https://www.nbcnews.com/ooliiics/politics-ncws/rudy-giuliani-biUt-dials-... necd-cash-nl07190l.

5 Catherine Shoard, Rudy Giuliani Faces Questions after Compromising Scene in New Borat Film, The Guardian (Oct. 21, 2020), https://www.theguardian.com/film/2020/oct/21/rudy-giuliani-faces-aucstio....

6 Olivia Nuzzi, The Fullfest Possible) Story o f the Four Seasons Total Landscaping Press Conference, N.Y. Magazine (Dec. 2 1, 2020), https://nymag.com/intclligencer/2020/l2/four-seasons-total-landscaDing-i....

7 Joel Shannon, Critics Roast Rudy Giulianifor Apparent Hair Dye Mishap, USA Today (Nov. 19, 2020), https://www.usatoday.eom/story/ncws/nation/2020/l l/19/critics-roasts-rudy-giuliani-apparent-hair-dye-mishap-twitter/6346274002/.

8 See, e g., William Cummings, Joey Garrison and Jim Sergent, By the Numbers: President Donald Trump's Failed Efforts to Overturn the Election, USA Today (Jan. 6, 2021), https://www.usatoday.com/in- depth/ncws/nolilics/elections/202l/0l/06/trumps-failed-efforts-overtum-election-numbers/4l3030700l/.

9 Reuters Transcript of Rudy Giuliani Speech on January 6, 2021, available at https://news.yahoo.coin/lets-trial-combat-over-election-164935300.html.

10 Marina Pitofsky, Giuliani Calls Wrong Senator in Last-Ditch Effort to Delay Certification o f Biden's Win, The Hill (Jan. 7, 2021), hiins://thchill,com'homenews/news/533086-giuliani-calls-wrong-senator-in-pressuuring-them-to-continue-objecting-votes.

11 Jerry Lantbc, Giuliani Calls 'Game of Thrones’a 'Documentary' about 'Fictitious Medieval England' in Attempt to Duck Blame for Capitol Violence, Law & Crime (Jan. 14, 2021), https://lawandcrime.com/2020-elcciion/giuliani-calls-game-of-thrones-a-d....

12 Jeremy Barr, Rudy Giuliani and Sidney Powell Have Disappeared from Fox Airwaves, Wash. Post (Jan. 14, 2021), https://www.washingtonposl.coin/nicdia/2021/0l/l4/giuliani-sidney-powell....

13 Sophia Ankel, Bannon Scolds Giuliani after He Falsely Claimed the Republican Lincoln Project Helped Capitol Rioters, Business Insider (Jan. 30, 2021), https://www.businessinsider.com/bannon-scolds-giuliani-after-he-links-li... riots-2021-1.