Trump's attorney-client privilege waiver is big win for Jack Smith: legal expert

Donald Trump’s decision to waive attorney-client privilege in a Washington D.C.-based bar discipline committee’s investigation of Rudy Giuliani has cleared an obstacle for special counsel Jack Smith's investigation of allegations the former president tried to overturn the results of the 2020 election, a prominent legal expert said Friday.

The disciplinary panel recommended that Giuliani be disbarred over his efforts to overturn the 2020 election in his role as Trump's lawyer, Politico reports. The D.C. Court of Appeals will determine the former New York City mayor’s fate.

Kyle Cheney and Josh Gerstein write for Politico that, “The committee tasked with reviewing Giuliani’s conduct consisted of two D.C. attorneys and one D.C. resident who is not a lawyer. The members deliberated for months after a weekslong series of hearings that featured testimony from Giuliani and several of his close associates. Trump waived attorney-client privilege to permit Giuliani to discuss the matters as well.”

Former federal prosecutor Andrew Weissman suggested that waiving attorney-client privilege will remove a barrier for Smith to probe communications between Trump and Giuliani.

“The report says that Trump waived the attorney-client privilege as to Rudy, which permits Jack Smith to go into detail about the Rudy-Trump conversations without needing to seek a crime-fraud ruling,” Weissman tweeted.

The D.C. discipline panel in its recommendation for Giuliani’s disbarment asserts that Giuliani’s efforts to overturn the 2020 election overshadow what he achieved as the New York City’s former mayor, according to Politico’s report.

"The misconduct here sadly transcends all his past accomplishments. It was unparalleled in its destructive purpose and effect. He sought to disrupt a presidential election and persists in his refusal to acknowledge the wrong he has done," the panel said.

Weissman's statement left several fellow Twitter users miffed.

“Why would Trump waive a-c privilege as to Rudy?” Twitter user @emzorbit wondered.

Twitter user @JanetRegalia wrote: “I’m suspicious. Why would Trump do that? It’s one of his favorite defenses that and delay which not waiving it would do.”

Twitter user @hockey_jhon suggested “That's just another example of trump kicking Rudy to curb. Because trump thinks he's the law”

User @hydigolf succinctly expressed approval, tweeting: “Nice!”