, 5 tweets, 2 min read Read on Twitter
One clarification I'd make here is that Giuliani can't waive privilege without Trump's consent. So either Trump waived privilege here, and that's why Rudy said what he did, or Trump did not waive privilege as to that conversation and Rudy is immediately subject to bar discipline.
2/ I think Renato is assuming, not unreasonably, that Rudy was speaking with his client's consent, i.e. Trump had previously, in speaking with Rudy, waived privilege as to that particular attorney-client communication. But my assumption is the *opposite*: I think Rudy went rogue.
3/ Here's why that matters: I think it's possible that a time is coming when Trump *fires* Giuliani so that he can save himself by claiming that much of what Rudy said to the media was said without Trump's consent (i.e., was an improper breach of attorney-client confidentiality).
4/ This takes me back to an earlier point: the media is co-authoring Trump's defense by *never* forcing Rudy to say if he's speaking for/waiving privilege on behalf of his client. So Rudy gets to say what he likes and he/Trump can later say none of it was representation of Trump.
5/ So I think it's incumbent on us to say that Rudy *may* be breaching confidentiality *or* waiving the attorney-client privilege on behalf of his client *but we don't know which*. Therefore, the *legal status* of the words Rudy says (*including* for future trial use) is unclear.
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