Feds may seek Giuliani’s communications
NBCNews is reporting that federal prosecutors have discussed making a legal request for Rudy Giuliani’s electronic communications.
Two sources familiar with the probe told NBC reporters that the request is possible, a sign that the investigation into President Donald Trump’s personal attorney remains active and may soon be ramping up.
Southern District of New York prosecutors have been in communication with Justice Department officials in Washington about gaining access to Giuliani’s emails, two sources said.
The Southern District needs Washington’s approval before its prosecutors can ask a judge to sign a search warrant for materials that may be protected by attorney-client privilege, according to department policy. It is not known whether Washington has been granted that approval.
Although the scope of the current investigation is unclear, in October 2019, The Wall Street Journal reported that prosecutors from the Southern District were reviewing Giuliani’s bank records as part of an investigation into his dealing in Ukraine.
Two of his former associates, Lev Parnas and Igor Fruman, were arrested that month on charges of campaign finance fraud. Parnas has since been charged with additional crimes related to wire fraud conspiracy. Parnas and Fruman have pleaded not guilty.
In February, the Washington Post reported that prosecutors were contacting witnesses and seeking to collect additional documents as part of their investigation into Giuliani.
Since then, little had been known about the status of the investigation and whether Giuliani was still under scrutiny for his efforts to convince Ukraine to investigate then-candidate Joe Biden over his son Hunter’s business dealings in the country.
Two sources, however, say the investigation into Giuliani is ongoing, with one saying it is “very active.”
Robert Costello, Giuliani’s attorney, told NBC News, “I have no reason to believe there’s any truth to the allegations that there is renewed interest in my client.”
With the presidential election now over, Justice Department rules that prohibit prosecutors from taking overt actions that may influence an election no longer apply.
Chuck Rosenberg, a former U.S. attorney for the Eastern District of Virginia, said he could see why Justice Department officials in Washington might hesitate to approve a search warrant close to the election out of concern that its issuance could become public.
“It’s sensible to perhaps treat a search warrant as an overt investigative step,” Rosenberg, an NBC News analyst, said. “Search warrants for a subject’s personal belongings are not terribly discreet and the recipient of the warrant can talk about it. That could be a legitimate concern before an election but the equation changes after an election, when you no longer need to abstain from overt investigative steps.”