U.S. says Giuliani not above the law, cannot block review of phones

Former New York City Mayor Rudy Giuliani, then-personal attorney to U.S. President Donald Trump, speaks in Philadelphia, Pennsylvania, U.S., November 7, 2020. REUTERS/Eduardo Munoz

U.S. prosecutors urged a federal judge to allow a review of evidence seized from Rudolph Giuliani's phones, saying the former New York City mayor was not above the law and could not block the review because he had been Donald Trump's lawyer.

The recommendation came in a Thursday night court filing, three days after Giuliani opposed the government's request for a "special master" to review records seized from 18 electronic devices, including cellphones and computers, taken during April 28 raids on his home and office.

Prosecutors have been examining Giuliani's dealings in Ukraine, including whether he violated lobbying laws by acting as an unregistered foreign agent while working for then-U.S. President Trump.

Giuliani's lawyers have demanded that prosecutors turn over documents showing what basis they had to obtain warrants to conduct the raids. read more

They have also said the evidence should have been sought by subpoena, allowing Giuliani to review the devices first, including for attorney-client privilege issues.

But prosecutors said Giuliani was not "above the law or immune to criminal investigation" simply because he was a lawyer, and not entitled to decide what they get to see.

"Giuliani argues that, quite unlike other subjects of criminal investigations, he is entitled to review the affidavits supporting the warrants, which would effectively give him the extraordinary benefit of knowing the government's evidence before even being charged with a crime," prosecutors said.

Issuance of a warrant meant a judge found probable cause to believe the seized devices might contain evidence of crimes.

Arthur Aidala, a lawyer for Giuliani, on Friday said a subpoena would have been preferable.

"Any lawyer has an attorney-client privilege that he must protect on behalf of his clients," he said. "That privilege is doubly enhanced when the lawyer's client is the President of the United States who also enjoys executive privilege."

Aidala and Robert Costello, another lawyer for Giuliani, rejected the idea that their client was or considered himself above the law.

U.S. District Judge Paul Oetken in Manhattan will decide whether Giuliani can review the seized materials before prosecutors can, and whether a special master is appropriate.

Giuliani began representing Trump, a Republican, in April 2018 in connection with then-Special Counsel Robert Mueller's probe into Russian interference in the 2016 U.S. presidential election.

Giuliani also sought prior to the 2020 U.S. election to dig up dirt concerning Ukraine and Democrat Joe Biden, then running for the White House and now U.S. president.

Our Standards: The Thomson Reuters Trust Principles.

Comments

Allies of Rep. Adam Kinzinger launch super PAC to support Republicans who have bucked Trump

Founders of the group, which include Kinzinger advisers, are also launching a sister nonprofit to “build a grass roots army,” according to documents reviewed by The Washington Post. Unlike traditional PACs, both organizations can accept unlimited contributions. Nonprofit groups are not required to disclose the identity of their contributors. AD Rep. Adam Kinzinger (R-Ill.) posted a video on Jan. 7, 2020, the day after pro-Trump riots at the Capitol, saying, “It is time to invoke the 25th Amendment.” (@RepKinzinger/Twitter) The effort will be up against significant head winds, as Trump still holds vast sway over the Republican Party — even after his supporters attacked the U.S. Capitol in an effort to stop the certification of President Biden’s victory. AD The new groups, which aim to mobilize the kinds of anti-Trump donors who backed the now-embattled Lincoln Project, are being launched as the former president is planning to expand his political operation with his own super PAC. Kinzin...

Matt Gaetz tried to loop Tucker Carlson into the underage sex allegations against him

Rep. Matt Gaetz (R-Fla.) is trying to tell us that he’s not going down alone. Last night, the much-maligned congressman lowkey tried to implicate Fox News anchor Tucker Carlson (and his wife) into his sex abuse allegations during an unusual interview on live television. Featured Video Hide According to a New York Times report, Gaetz, an ally of former President Donald Trump, is at the part of a Justice Department investigation into a sexual relationship with a 17-year-old. He potentially faces charges related to federal sex trafficking laws. Advertisement Hide The Times also reports that “the investigation was opened in the final months of the Trump administration under Attorney General William Barr” with senior Justice Department officials aware of the inquiry. Gaetz has not been charged “and the extent of his criminal exposure is unclear,” according to the Times. This is WILD.@MattGaetz to #Tucker: "It is a horrible allegation and it is a lie. The New York Times is running a sto...

Federal ‘jack-booted thugs’ are roaming Portland. Where is the NRA now? (Your letters)

To the Editor: Back in 1995, the NRA’s Wayne LaPierre complained, “The government is full of jack-booted thugs in bucket helmets” trampling on our constitutional rights. Now we see presumably federal government agents, this time in military camouflage, wearing no badges, forcing peaceable protesters into unmarked vehicles in Portland, Oregon. Where is the NRA and all those who complained then? Our President Donald Trump has threatened to do the same in other cities, in spite of the objections by the mayor and governor of the place it has already happened. Our president, his agency heads and the agents themselves swore an oath to uphold the Constitution. I took an oath to defend the Constitution, too. I’ve been retired from the Army almost a half century but two things upset me about this use of anonymous federal agents: First, it is wrong. Second, camouflage is intended for fighting in the field; so, who dispatched agents into a city clad in that costume? Stanley H. Roe Hamilton

Politics Now - USA

Search This Blog