The search of Giuliani's house is clearly an escalation of the federal probe given the showing required for a warrant.… The lobbying and foreign agent claim may turn on the execution of an agreement with Yuriy Lutsenko...
...If Giuliani was lobbying for Lutsenko or the Ukrainians, prosecutors need to establish an agreement or compensation, even delayed compensation to make a credible case. However, seizure of electronic records can also lead to other "discovered" crimes.
The maximum for a FARA violation is a fine of not more than $250,000 or by imprisonment for not more than five (5) years. However, most such violations are treated as civil matters or subject to far lower sanctions.
...The reported reference in the warrant to John Solomon, a journalist, raises concerns of both journalist privilege as well as attorney-client privilege (given Giuliani's representation of former President Trump)...
...Those concerns highlights the issue of why pursue a FARA case now. Clearly the DOJ has a policy to avoid affecting elections, but this has been a long-standing dispute. Moreover, Barr's DOJ approved a number of cases targeting Trump figures including Giuliani's aides...
...DOJ will usually use a screening team to deal with privilege questions but the greatest danger for Giuliani may be the discovery of collateral alleged crimes. That is what ultimately sank Paul Manafort...
...One intriguing thought is whether the DOJ delayed any search to reduce the chances that Trump would pardon Giuliani. If this search occurred between the election and the inauguration, Giuliani would have likely pushed for a pardon on that basis.

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More from @JonathanTurley

20 Apr
The government has confirmed that Officer Sicknick died of a blood clot and two strokes.… Sicknick's death was repeatedly referenced in the impeachment as killed by protesters in the Jan. 6th riot.
The New York Times ran a piece titled "He Dreamed of Being a Police Officer, Then Was Killed by a Pro-Trump Mob."… Celebrities like Bette Midler declared "[Trump] got away with murder. Let that sink in."…
The cause of death would make a homicide charge highly unlikely. It is not clear why it took so long to make the results of the autopsy public. Two men are charged with assault of Sicknick during the riot.
Read 4 tweets
19 Apr
What would be tragically ironic is if Waters' reckless comments result in a later overturning of the trial . . . which could lead to renewed rioting...…
...The record now contains a statement from the court that Waters may have undermined the case and that this is a valid basis for appeal. He also noted that Waters was not just risking the integrity of the case but showing open contempt for the judicial branch.
...Despite the court's objections and many of us who have written about Waters' remarks, the silence of most Democrats (including those joining her lawsuit against Trump) have been deafening.
Read 7 tweets
19 Apr
Defense counsel Nelson just raised Waters' statement as prejudicial. He also noted that the defense wanted to sequester and to change venue.…
...I believe the court erred in not sequestering the jury and earlier should have changed the venue of the trial. I think Cahill has been a very good judge but those were in my view serious mistakes.
...It is ironic that Waters has declared that she and the protesters will not accept an acquittal but has now undermined the case as a whole with her prejudicial impact.
Read 6 tweets
19 Apr
The defense is effectively using a defense tactic to elongate the framework of time and focusing on examples of continue resistance. Both the prosecution and defense have done good jobs in closing.
...This type of granular analysis can be effective, particularly in creating the foundation (at a minimum) for a hung jury. These are the type of defense arguments that have not been fully explained in much of the coverage.…
...The prosecution did an excellent job on the critical 9 minutes as the framework. As a criminal defense lawyer, I often tell my students that verdicts are often determined not just by the narrative but the framing of the relevant time period.
Read 5 tweets
19 Apr
Protesters targeted one of the witnesses for the defense. It turns out the the home defaced was the former home of Barry Brodd, a retired police…
...The targeting of the homes of prosecutors and witnesses create serious concerns of intimidation and harassment. It also magnifies concerns over the comments of political figures like Rep. Waters.…
...Nelson did an excellent job overall but prosecutors want a curative instruction from the court based on Nelson's explanation of the standard. However, the court denied the request.
Read 8 tweets
14 Apr
The House and Senate Democrats are moving forward with a bill to add 4 new justices to the Supreme Court. There is nothing subtle or elegant in the move. Just a raw muscle play to take control of the Court...…
If the report is true, they have decided not to wait for the Commission. A move to just add 4 new justices would dispense with even the pretense of principle. The bill will now strip away any semblance of constitutional values for members who do not denounce raw court packing.
...The late Justice Ginsburg and most recently Justice Breyer condemned the court packing scheme and the public overwhelmingly opposes it. Yet, these members would reduce the court into little more than a partisan commission tasked with a political agenda.
Read 4 tweets

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