Professor Bruce Green was quoted in an article published in The Hill, which discussed the consequences a subpoena from the Jan. 6 Committee may have on Rudy Giuliani.
The Jan. 6 select committee’s subpoena to former President Trump’s legal team is likely to queue up a lengthy legal battle while escalating complications for Rudy Giuliani, who is already under federal investigation.
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Experts say claiming attorney-client privilege may be the best path forward for Giuliani and others since it could carry the fewest occupational consequences while potentially pushing the matter to the courts and draining the committee’s time.
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Bruce Green, a law professor at Fordham University, said the conversations need to be relatively private to be considered privileged. If legal advice was given in a large meeting attended by those not central to the matter, there wouldn’t be grounds to keep them from the committee.
Another major exception would be any legal advice given in the process of committing or with the intention of committing a crime or fraudulent act.
“I think there are people who think it would be a fraud to pressure election officials to certify somebody as the winner when they’re the loser,” he said. “So, if they’re trying to influence state election officials to say that Trump was the winner in the swing states where he actually lost to Biden, there are people that think that would be fraud or conspiracy to commit fraud.”