'We're living in a fascist state': Rudy Giuliani melts down as potential indictments loom

15 August 2022

Former President Donald Trump's embattled personal attorney and ex-New York City Mayor Rudy Giuliani complained in an appearance on Newsmax that Monday's revelations that he is a "target" in Fulton County, Georgia District Attorney Fani Willis' Georgia's investigation into Trump's efforts to overturn the 2020 election are evidence that the United States is descending into fascism.

“It’s just a further desecration of the Sixth Amendment. I was his lawyer of record in that case. The statements that I made are either attorney-client privileged because they were between me and him, or they were being made on his behalf in order to defend him," Giuliani said. "When you start turning around lawyers into defendants when they're defending their clients, we’re starting to live in a fascist state. Look, I’ve already had my law office raided. I never thought I'd ever see that happen."

Multiple media reports have indicated that Giuliani, who is scheduled to testify before a special grand jury in Atlanta on Wednesday, "should expect to be indicted" in Willis' ongoing criminal probe. Reuters noted that Giuliani has already claimed that he "would refuse to answer any questions about Trump that would violate attorney-client privilege."

But therein lies a potential problem for Giuliani, because attorney-client privilege is not assertable when knowledge of or participation in a crime exists. According to NOLO, "the crime-fraud exception applies if the client was in the process of committing or intended to commit a crime or fraudulent act, and the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up."

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