Home / US / Opinion | Giuliani’s legal issue is also Trump’s

Opinion | Giuliani’s legal issue is also Trump’s

There is no doubt that the execution of a search warrant at Giuliani’s villa is a serious step indicating that his criminal investigation is still ongoing. Federal prosecutors cannot ask for a search warrant on a hunch or just a suspicion. They have to show substantial evidence to federal judges that there is good reason to believe that federal crimes have been committed, and that federal crimes evidence resides in Giuliani’s apartment and equipment. His electronic It is important that the judges are persuaded to comply with that standard.

As a result, prosecutors likely already have a lot of the evidence they need. During my time as a federal prosecutor, when I asked for a search warrant for a volunteer electronic device, I typically received volunteer electronic communications or documentation from other sources, such as a cooperative, subpoena, or a previous search warrant. already I used that evidence to convince judges that those communications would also be found in the device. Although the prosecutor has some Communication Before an electronic device is received, the device can contain additional information, including deleted messages, metadata, and location information.

In this case, we can be relied upon that the evidence is firm and significant from the substantial internal scrutiny that the case will receive within the Department of Justice. Criminal investigation of Any Attorneys are a sensitive subject due to the complexity posed by attorneys and clients, and the DOJ will take extra precautions when investigating criminal defense attorneys to make sure the department is not targeting opponents. Apparently, seeking a warrant for the former president̵

7;s private attorney’s residence and equipment will receive even more scrutiny from the senior department chief.

Surprisingly, the crime Giuliani is under investigation that violates foreign agent registration laws that require lobbying foreign government representatives to disclose ties to foreign governments has rarely been prosecuted over the decades. Past But the FARA’s impeachment comes during the Trump administration, including high confidence in former Trump campaign chair Paul Manafort and former Republican finance president Elliott Broidy (a friend). The work of former Trump national security adviser Michael Flynn was also indicted for violating the FARA, but the conviction was later canceled). Biden vowed in a campaign route to increase the use of the FARA if he was elected, saying that it should not be lobbying on behalf of a foreign government outside of normal diplomatic channels.

The investigation was reportedly focused on Giuliani’s efforts to lobby the Trump administration on behalf of Ukrainian officials and oligarchs, who are helping him dig in the dirt from candidate Biden and his family during the campaign. The problem, too, was Giuliani’s attempt to persuade Trump to oust Ukrainian ambassador Marie Yovanovitch, whose anti-corruption work was viewed by the same Ukrainian authorities as hostile. If Giuliani’s attempt at pushing Trump to fire Yovanovitch has been done on behalf of the Ukrainian authorities, that might be a foreign lobbying activity he should disclose.

So far, Giuliani has attempted to hide behind technical specifics, arguing that he has not entered into a written contract with any foreign or competent authorities. He will not run away with that in court. What matters is whether he is a representative of a foreign government, not whether his relationship with the foreign government is documented or not. You cannot circumvent the FARA requirement by not writing down the details of your agreement with a foreign government.

Giuliani’s work in Ukraine has been a controversial issue for two years and has been at the center of the initial impeachment investigation over Trump’s pressure on the new Ukrainian president, but, According to The New York Times, the DOJ’s top political appointee in the Justice Department repeatedly tried to block a search warrant, showing the department had the evidence it needed to Giuliani for some time.

Previous attempts to delay the investigation will not help Giuliani for now. If anything, they may eventually be able to fight Giuliani if ​​it is shown that they follow his urge. Giuliani’s stupid public statements (he falsely claimed to issue a search warrant only if there was fears the evidence would be destroyed) would not help him either if he was ultimately sued. At that point, he will have to implement a defensive strategy that could cause him to conflict with his former clients.

Giuliani’s defense is likely that he is in full compliance with Trump’s orders, and that his efforts on behalf of officials and authorities have been done to favor them on Trump’s behalf and do. On Trump’s statement and his knowledge From a judicial strategy perspective, Giuliani’s best defense will include a testimony from the former president that he knows everything Giulian is doing and approves every action he does. That would allow Giuliani’s defense team to argue that he has finally made progress in the interests of Trump, so he works on behalf of the United States, not an authority in Ukraine.

Unfortunately for Giuliani, Trump is not known to tie the knot because a disgraced former aide, especially if doing so would involve personal shame or potential liability. Considering Trump distanced himself from former attorney Michael Cohen when he faced similar dangers, it’s hard to imagine the former president swearing to tell the truth and allowing himself to be investigated. Cross each other, which may humiliate him the most or give him potential The worst liability (The record of Trump’s lying under oath to deposit civil lawsuits is well documented.)

The only sure-fire way for Trump to avoid testifying at the Giuliani trial is to take a fifth. But Trump has repeatedly noted that taking the fifth makes you appear guilty. The only way he can get out of witnessing is for him to suggest that he really doesn’t know what Giuliani is doing and doesn’t agree with his activities. That would make him worthless for Giuliani as a witness and forcing Giuliani to point a finger at Trump to save himself. The five-year sentence Manafort received in conspiracy to violate the FARA gave Giuliani enough motivation to do so, especially since he realized Trump could no longer forgive him.

When lawyers, especially prominent former federal prosecutors like Giuliani, face prison time, the incentive to cut the punishment is as important as Michael Cohen Giuliani would have in helping federal prosecutors if. Able to reduce his prison sentence That could make the Giuliani prosecution more a sequel than it appears at first glance, taking on his role in everything from Trump’s impeachment defense to the Jan. 6 riots.

Without Trump’s protection or financial support, Giuliani’s loyalty appears to have a limited shelf life.

Source link