FYI: If there’s evidence that a lawyer has been used to advance a crime or fraud, attorney-client privilege vanishes. And for Giuliani, that evidence is everywhere. From three whistleblower attorneys:
Cyrus Mehri is a whistleblower attorney in Washington, DC.Cleveland Lawrence III is a whistleblower attorney in Washington, DC.Rudy Giuliani, President Donald Trump’s personal lawyer, has indicated that he will invoke attorney-client privilege in response to the impeachment inquiry triggered by Trump’s July 25th phone conversation with Ukrainian President Volodymyr Zelensky.
And Giuliani might well have to answer to it. We represent private sector and government whistleblowers. When we find out that lawyers representing the defendants in those cases are advancing a fraud themselves, we have used what is called the “crime-fraud exception” to obtain documents and testimony that the defendants’ attorneys initially claimed were protected by attorney-client privilege.
The crime-fraud exception is applied by the courts using a “prudent person” standard, when a judge decides It won’t be difficult for Giuliani and Trump’s conduct to meet the standards for the crime-fraud exception. The potential crime is their efforts to solicit foreign support, in the form of dirt on political rival Joe Biden, to help Trump in the 2020 U.S. election. Federal election law bars foreign nationals from contributing anything of value “for the purpose of influencing any election for Federal office.
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