why attorney-client privilege doesn't apply to rudy giuliani and trump

by Damion Reichert 3 min read

Are Rudy Giuliani’s claims about voting rights defamatory?

In a court filing last month, Giuliani’s attorneys asserted that “some and/or all of Giuliani’s statements complained of are substantially true” — though he also “lacks knowledge or information sufficient” on the company’s voting systems to know whether his claims were defamatory or not.

Did Rudy Giuliani perpetuate a ‘viral disinformation campaign’ against Dominion?

In its lawsuit, Dominion accused Giuliani of perpetuating a “viral disinformation campaign” that did “unprecedented and irreparable harm” to its reputation and led to harassment and death threats against its employees. Following an unsuccessful effort to have the suit dismissed, Giuliani doubled down on his wild claims.

What is attorney-client privilege and why is it important?

Attorney-client privilege is a long-standing doctrine of U.S. law that allows people to keep their communications with legal counsel private. Lawyers can invoke the privilege to avoid testifying about conversations with clients in most settings, or turning over emails or other correspondence.

Did Rudy Giuliani call for ‘trial by combat’ during Capitol riots?

I asked Rudy Giuliani about his call for "trial by combat" during last week's rally that preceded the Capitol riots. He first explained the concept by referencing Game of Thrones, then rejected the idea that he was referencing physical violence or that it incited the crowd. pic.twitter.com/J6HV5rVBBf

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What is attorney client privilege?

Attorney-client privilege is a long-standing doctrine of U.S. law that allows people to keep their communications with legal counsel private. Lawyers can invoke the privilege to avoid testifying about conversations with clients in most settings, or turning over emails or other correspondence. The traditional justification for attorney-client ...

What did Rudy Giuliani say about the raids?

Giuliani said in a statement following the raids that the seized materials are protected by attorney-client privilege and that his "conduct as a lawyer and a citizen was absolutely legal and ethical.". read more.

Why do prosecutors have to review evidence?

U.S. courts have said prosecutors must set up a review to ensure that attorney-client communications are not being improperly used as evidence . The U.S. Attorney’s Office in Manhattan, which is handling the Giuliani investigation, on May 4 asked a judge to create a process for reviewing evidence seized from his home and office.

When was Giuliani's home and office seized?

In a letter made public on Monday, Giuliani's lawyers objected to the "broad and sweeping nature" of searches conducted on April 28 at Giuliani's home and office, where electronic devices were seized, as well as a November 2019 search of his Apple iCloud account.

Is Giuliani's iCloud account illegal?

In a letter unsealed on Monday, Giuliani lawyers told Oetken that a covert search of his iCloud account in 2019 was illegal and urged the judge to address that issue before considering prosecutors' request to appoint a "special master.". Our Standards: The Thomson Reuters Trust Principles.

Who appointed Giuliani's special master?

In a court filing, federal prosecutors asked U.S. District Judge J. Paul Oetken in Manhattan to appoint a "special master" to review communications taken from Giuliani's devices and ensure that "potentially privileged materials" are not viewed by investigators. read more.

Does the privilege cover legal advice?

No. The privilege only covers communications relating to legal advice, said Harry Sandick, a former federal prosecutor in New York now in private practice as a defense lawyer. It does not protect a person’s discussion of business, personal, or financial matters with a lawyer if they are unrelated to a legal representation, Sandick said. ...

What is Giuliani's attorney-client privilege?

Giuliani said in a statement following the raids that the seized materials are protected by attorney-client privilege and that his "conduct as a lawyer and a citizen was absolutely legal and ethical.". The following describes the legal doctrine of attorney-client privilege and whether it could apply to communications between Giuliani ...

Who appointed Giuliani's special master?

In a court filing, federal prosecutors asked U.S. District Judge J. Paul Oetken in Manhattan to appoint a "special master" to review communications taken from Giuliani's devices and ensure that "potentially privileged materials" are not viewed by investigators. This same process was used to review materials taken from Cohen.

Why do prosecutors have to review evidence?

U.S. courts have said prosecutors must set up a review to ensure that attorney-client communications are not being improperly used as evidence . The U.S. Attorney’s Office in Manhattan, which is handling the Giuliani investigation, on May 4 asked a judge to create a process for reviewing evidence seized from his home and office.

Did Giuliani's lawyers object to the raids?

In a letter made public on Monday, Giuliani's lawyers objected to the "broad and sweeping nature" of searches conducted on April 28 at Giuliani's home and office , where electronic devices were seized, as well as a November 2019 search of his Apple iCloud account. Giuliani said in a statement following the raids that the seized materials are ...

Who was the lawyer who was raided by the FBI?

Because of this policy, searches of a lawyer's home or office are rare but not unprecedented, said Sandick. In 2002, now-deceased defense lawyer Lynne Stewart had her Manhattan office raided by the FBI. She later was convicted of providing material support to terrorists and sentenced to 10 years in prison ...

Does attorney-client privilege apply to a lawyer?

It does not protect a person’s discussion of business, personal, or financial matters with a lawyer if they are unrelated to a legal representation, Sandick said. Attorney-client privilege also does not apply to communications by a lawyer in furtherance of a crime or fraud. DOES THE PRIVILEGE MAKE IT HARDER TO GET A WARRANT TO SEARCH A LAWYER’S ...

Why was Giuliani suspended?

This summer Giuliani’s law license was temporarily suspended in New York and then D.C. over lies he told as part of his effort to steal the 2020 election for Trump , conduct that an appellate court said represented an “immediate threat” to the public. The New York State appellate court concluded that Giuliani “communicated demonstrably false and misleading statements to courts, lawmakers and the public at large” in his capacity as President Trump’s personal lawyer, and “these false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client.”

Who is Giuliani's most powerful friend?

When faced with serious legal trouble, it helps to have friends in high places. Unfortunately for Giuliani, his richest and most powerful friend is Donald Trump. Shortly after the raid on Giuliani’s home and office, the New York Times reported that his advisers were pressing the Trump team to help with his mounting legal fees. Giuliani was never paid for leading the legal prong of Trump’s attempt to overturn the 2020 election, though the former president raised $250 million since Election Day by telling supporters he needed money for his “Election Defense Fund.” Bernard Kerik, the former NYPD commissioner, openly complained that the GOP was abandoning his pal Rudy in his hour of need:

Did Trump want Giuliani to get paid?

Mr. Trump later told his advisers he did not want Mr. Giuliani to receive any payment, according to people close to the former president with direct knowledge of the discussions. Before Mr. Trump left the White House in January, he agreed to reimburse Mr. Giuliani for more than $200,000 in expenses but not to pay a fee.

Has Rudy Giuliani fended for himself?

Thus, Giuliani has been forced to fend for himself — and it seems his efforts have been largely unsuccessful. A “Rudy Giuliani Legal Defense Fund” launched in June with the goal of raising $5 million in two months, but the online fundraising effort shuttered in July after bringing in just $9,798. And Giuliani’s foray into Cameo, the service that allows people to commission personalized videos from celebrities, quickly generated new controversy when he recorded a video that appeared to endorse the case against his own legal client.

Did Rudy Giuliani shave his face?

Rudy Giuliani’s personal grooming habits are already the stuff of legend, but he topped himself on Sunday, August 22, when he was spotted shaving his face in the Delta One lounge at JFK airport. Traveler Nick Weiss shared footage on Instagram of the former mayor eating a bowl of lobster bisque, being served a plate of brownies, then pulling out an electric razor and shaving at the table using his tablet camera as a mirror. Weiss said what made the incident even more bizarre was that the lounge had “a really nice bathroom.”

Did Giuliani double down on his claims?

Following an unsuccessful effort to have the suit dismissed, Giuliani doubled down on his wild claims. In a court filing last month, Giuliani’s attorneys asserted that “some and/or all of Giuliani’s statements complained of are substantially true” — though he also “lacks knowledge or information sufficient” on the company’s voting systems to know whether his claims were defamatory or not.

Did Giuliani blame Clinton for the 9/11 attacks?

Over the years, Giuliani has repeat edly criticized Bill Clinton in particular for fail ing to stop Al Qaeda, rather than focusing his ire on, say, the guy who was president during the eight months leading up to the attack, or the entire U.S. intelligence community. This seems a tad unfair, but don’t take my word for it. As a former New York City mayor said in 2006: “The idea of trying to cast blame on President Clinton is just wrong for many, many reasons, not the least of which is I don’t think he deserves it.” (Yup, it was Giuliani.)