Feds eyeing ‘privilege’ for Rudy items
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.