The president's attorney, Rudy Giuliani, has said that he would need to consult with Trump before testifying before Congress because of attorney-client privilege — but privilege won't protect Guiliani's communications with foreign governments: lawfareblog.com/giuliani-canno…
The privilege also does not apply where Giuliani was not acting in his capacity as a lawyer providing legal advice, such as where the president directed him to undertake non-legal activities on the president's behalf. 2/6
In any event, it is Congress' position that the attorney-client privilege does not afford protection against compelled congressional testimony. A committee that calls Giuliani for testimony can simply direct him to answer and can hold him in contempt if he doesn't comply. 3/6
Attorney-client privilege can also be waived. It can’t be used as both a sword and a shield at the same time. If attorney-client privilege is waived then that extends to the entire subject matter, not selective communications. 4/6
There is also a crime-fraud exception to the attorney-client privilege too. Communications seeking advice related to a current or future crime, rather than the consequences of past actions, are not protected by the privilege. 5/6
So if Giuliani has been relying on privilege as a way to avoid testifying before Congress, he may need to think again. Read more here: lawfareblog.com/giuliani-canno… 6/6
