New York Daily News

Feds eyeing ‘privilege’ for Rudy items

- BY STEPHEN REX BROWN

Manhattan federal prosecutor­s have asked for an independen­t court-appointed expert — known as a special master — to determine if any materials seized from Rudy Giuliani in last week’s FBI raids are protected by attorney-client privilege.

The request, filed last week but unsealed Tuesday, indicates prosecutor­s are well aware of the stakes of the ongoing investigat­ion into former President Donald Trump’s personal attorney.

Assistant U.S. Attorney Rebekah Donaleski wrote that the search warrants could raise “unusually sensitive privilege issues.”

Giuliani’s lawyer, Robert Costello, said in a statement following the raids on the former mayor’s law office and Upper East Side apartment that FBI agents seized electronic devices “replete with material covered by the attorney-client privilege.”

Manhattan federal prosecutor­s are investigat­ing whether Giuliani (inset) violated foreign lobbying laws through his dealings in Ukraine, which played a key role in Trump’s first impeachmen­t. Giuliani, working at Trump’s behest, helped orchestrat­e a pressure campaign in 2019 on Ukraine officials to dig up dirt on then-Democratic presidenti­al contender Joe Biden.

Costello has until Monday to respond to the government’s proposal. Washington lawyer Victoria Toensing’s materials are also part of the proposed review, court filings indicate. Toensing, an ally of Trump and Giuliani, has said through her law firm she is not a target of the investigat­ion.

Judge Paul Oetken is assigned to the case over the raids. Oetken is also overseeing the case against Giuliani associates Lev Parnas and Igor Fruman. The Trump-connected businessme­n are accused of arranging a straw donor scheme to advance the interests of Ukrainian government official, among other crimes.

A special master was used in the review of documents seized from Michael Cohen, who also once represente­d Trump. Special master Barbara Jones, an-ex judge, determined a relatively small amount of documents were out of bounds for prosecutor­s after a review.

Cohen later pleaded guilty to campaign finance violations, financial crimes and lying to Congress.

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