United States of America v. Rudolph W. Giuliani

Former U.S. Attorneys draft a "Mock Indictment" based on publicly available evidence of Giuliani's misconduct.

While the Department of Justice’s Office of Legal Counsel has issued legal opinions that a sitting president cannot be indicted, there is no similar prohibition on indicting a president’s personal lawyer or other potential co-conspirators involved in committing a federal crime. Based on facts already in the public record, we believe that Rudolph Giuliani could be indicted now for conspiracy to interfere with the fair administration of elections, conspiracy to commit bribery, and contempt of Congress. Below is what an indictment of Giuliani might look like if it were drafted today.
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Of course, a grand jury investigation related to the allegations we focus on here could uncover additional aggravating or mitigating facts that would inform potential charges against Giuliani. Prosecutors would likely use grand jury subpoenas and court orders to obtain Giuliani’s bank records and income tax returns to identify his sources of income and movement of money. Prosecutors would also interview individuals with knowledge of Giuliani’s activity, perhaps including some of the same former and current State Department officials who have been testifying before Congress.

In addition, prosecutors could offer cooperation deals to Parnas and Fruman, as well as to their less visible co-defendants David Correia and Andrey Kukushkin. If they were to promise to plead guilty to their crimes and provide truthful and comprehensive information, prosecutors could offer to make that information known to the sentencing judge and recommend a reduction in their sentences. Prosecutors would then work to corroborate the testimony of the cooperators, whose testimony is subject to skepticism because of the benefit they receive in exchange. If their testimony can be supported by the testimony of other witnesses or documents, such as phone or bank records, then they could be used as important narrators to the case that is presented at trial against Giuliani. - Just Security