Giuliani seeks to block review of records seized in searches

Rudy Giuliani on Monday opened a broad attack on the searches that federal investigators conducted of his home, his office and his iCloud account, asking a judge to block any review of the seized records while his lawyers determine whether there was a legitimate basis for the warrants, according a court filing made public on Monday.

Giuliani’s lawyers are seeking copies of the confidential government documents that detail the basis for the search warrants, a legal long shot that they hope could open the door for them to argue for the evidence to be suppressed. Typically, prosecutors only disclose such records after someone is indicted, but Giuliani, who is under investigation for potential lobbying violations, has not been accused of wrongdoing.

A spokesman for the U.S. attorney’s office declined to comment on Monday.

In a 17-page letter to the judge who authorized the searches, Giuliani’s lawyers argued that it would have been more appropriate for the U.S. attorney’s office in Manhattan to seek information through a subpoena, which, unlike a warrant, would have given him an opportunity to review the documents and respond.

Justice Department policy recommends that prosecutors use subpoenas when seeking information from lawyers, unless there is a concern about destruction of evidence.

The defense lawyers wrote that prosecutors “simply chose to treat a distinguished lawyer as if he was the head of a drug cartel or a terrorist, in order to create maximum prejudicial coverage of both Giuliani and his most well-known client — the former president of the United States.”

The judge who approved the warrants, J. Paul Oetken of U.S. District Court, will ultimately decide whether Giuliani will have access to the confidential government materials underlying them.