Much of that speculation is hype over the reporting by the New York Times and CNN that Giuliani met with prosecutors under conditions known as a “proffer.”
was at the central of all of this, so if any of those people and actions may be subject to criminal charges then his own exposure must be alarming to him as well as his legal team.
In such a preliminary meeting, the defense counsel will want to know if their client is a target, subject or witness. The hope is that they are a witness. The fear is that they are a target or a subject. The anxiety is that none of those terms are binding on the government. It can all slide south for the client depending on the evidence developed in the case.
This is commonly called the “Queen for a Day” letter because it is usually formalized for the client’s protection via a letter from the prosecutors. But being “Queen for a Day” offers limited protections since evidence developed from “independent” sources could still be used against the client and his statements could validate and even lead to other evidence against them.
Normally, that would be a strong shield for Giuliani, but one of Trump’s lawyers—Evan Corcoran—has already been compelled to give notes an testimony under the doctrine of the crime-fraud exception to attorney-client privilege. That court result might make Giuliani shy away from leaning too heavily on privilege as his only shield.Cooperators present prosecutions with tough challenges involving attacks on the cooperator’s own culpability, motives, and character.
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