On Monday's edition of CNN's "Anderson Cooper 360," former FBI general counsel James Baker warned Rudy Giuliani that he can't go around saying whatever he wants to the media and then claim attorney-client privilege with President Donald Trump to get out of responding to subpoenas in the impeachment inquiry.
"If Congress is building their whole case around what they're going to get from Rudy Giuliani, that's a big mistake," said Baker. "I doubt that they are. I suspect they figured out whether the former mayor will comply. Probably not. I'm sure they're factoring that into their decision, but it's a logical thing to do and I think they would be remiss if they didn't at least try to subpoena the — Mayor Giuliani. They have to do that."
"I mean, look, he's going to try to assert these privileges, but he's talked so much in the media and publicly about what it is that he did that at the end of the day, he — I think he's probably waived on behalf of his client, you know, presumably with the support of his client, because the privilege belongs to the client," said Baker. "But he's just made so many statements, I doubt it's going to hold up in court at the end of the day, but as I said, it's going to take a while to sort out."