Opinion | Why Rudy Giuliani's Georgia woes are also bad news for Trump

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Opinion | Why Rudy Giuliani's Georgia woes are also bad news for Trump
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Rudy Giuliani has some tough calls to make in Georgia. Here's how they impact Trump.

that if the questioning at the grand jury turns to Trump, Giuliani would probably invoke attorney-client privilege to avoid answering. But in this case, attorney-client privilege seems unlikely to shield Giuliani from answering at least some of the questions prosecutors are likely to ask.

Another problem is what is known as the crime-fraud exception to the attorney-client privilege. Lawyers and their clients cannot hide behind privilege to facilitate or conceal the commission of crimes. If Giuliani were to assert the attorney-client privilege to avoid answering questions about his conversations with Trump relating to challenging the election in Georgia, prosecutors could file a motion to compel his testimony.

It is also possible that Giuliani will invoke a different privilege, his own Fifth Amendment privilege against self-incrimination, which permits people to refrain from answering questions if they have a well-grounded fear that their answers may expose them to criminal prosecution. But prosecutors also have a countermove here.

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