During an appearance on "This Week," Rudy Giuliani said that he has no intention of complying with a Congressional subpoena if he's called to testify in the impeachment inquiry for President Donald Trump. He tried to argue that he is protected by attorney/client privilege. Unfortunately for Giuliani, however, he announced that he was leaving Trump's legal team in June 2019.
It's likely for this reason former federal prosecutor Gene Rossi said, "no way -- no how" will the privilege hold up in court.
"Here’s why," Rossi began. "The attorney/client privilege protects obviously confidential communications, but if I am your attorney and you’re my client and you ask me to talk to third parties, i.e., Ukrainian officials, State Department officials, Bill Barr, members of the Justice Department. If you authorize me as your attorney to talk to other people about what we talked about, there’s no privilege. It’s called the third-party exception. There is no way he can invoke a privilege for the topics that Adam Schiff wants to talk about."
CNN host Ana Cabrera asked Rossi if Giuliani could be in legal jeopardy.
"Let’s put this way. If I were Rudy Giuliani, I would put duct tape over my mouth and go into the witness protection program, because every time he gets on television, every time he talks to a reporter, he not only does a disservice to his client, he possibly puts himself in legal jeopardy. Why? He allegedly is part of a conspiracy to persuade a foreign country, Ukraine, to interfere in our election. That is against the law."
National security analyst Matthew Rosenberg explained that the calls that ended up in the secret server had no business being on there to begin with. The White House took extraordinary steps to hide the phone calls on the server when they weren't supposed to be using it for that purpose.
Watch the discussion below: