Ken wrote:First, Guiliani was not acting as Trump's attorney. He was acting as Trump's fixer and as a back-door diplomatic channel to a foreign country.
The relevant question is this:
what does attorney-client privilege protect?
Attorney-client privilege protects confidential communication between a client and an attorney made for the purpose of obtaining legal advice. It does not protect:
- Communications your attorney may have had with foreign government officials or with U.S. government officials.
- Communication that are not about acting as a lawyer to provide legal advice.
- Trying to get dirt on a political opponent.
- Testimony required by Congress.
- Communications seeking advice related to the current or future commission of a crime, rather than the consequences of past actions.
So if I am trying to figure out how to avoid being jailed for a crime I committed, and I discuss it with my attorney, that is covered by attorney-client privilege. If I want to figure out how to commit a crime without being caught, and I discuss that with my attorney, it is not covered. If I ask my attorney to help make something happen, and it involves wrongdoing, the actions of my attorney are not covered. If I send my attorney out to act as an agent of the government, his actions are not covered. If I send my attorney to use government resources in order to advance my personal legal interests, that is asking him to help me commit "current or future wrongdoing" and is not covered.
I think this is straightforward, well-established law. I think some sources are intentionally trying to fog this one with misinformation. Giuliani is certainly doing that, which is one reason I doubt we will see him testify under oath, the legal jeopardy would be too great.
And imagine what it would mean if you could commit whatever wrongdoing you want as long as you send your attorney, or if the President could avoid congressional oversight simply by making sure that his attorney is responsible for the wrongdoing. That dog don't hunt. And it isn't what the law says.