Yesterday NBC News broke the news that the Feds at the SDNY were preparing to seek Rudy Giuliani’s electronic communications, as part of its escalating criminal investigation into his overseas financial ties. Investigators often make such a request after they already have such communications in hand, and sure enough, it turns out that’s the case here.
Forensic News is now confirming that the SDNY does indeed already have a “large chunk” of Rudy Giuliani’s email and text messages, from an unnamed cooperating witness. This is notable for a couple reasons. First, when prosecutors request that a target turn over evidence they already have, the goal is to get the target to panic and destroy their own copies of such evidence. Then the target is nailed for obstruction of justice, and it’s easier to pressure them into cutting a plea deal against a bigger fish.
Second, the emergence of a cooperating witness is a big deal. It means the SDNY has someone who is not only providing evidence, but is able to put it into useful context – and it means there’s a witness available to back up the evidence during the inevitable criminal trial.
In other words, Rudy Giuliani is going to prison one way or the other. Even if Trump tries to preemptively pardon him for a litany of crimes, it likely won’t be strong enough to hold up in court. Even if it does, the the Feds at the SDNY already have Giuliani nailed, and they can just hand off the case to New York State if necessary.
Bill Palmer is the publisher of the political news outlet Palmer Report