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Giuliani says he won't comply with subpoenas from Democrats

Rudy GiulianiRudy GiulianiGuardian Angels founder Curtis Sliwa wins GOP primary in NYC mayor's race The Hill's Morning Report - Presented by Facebook - Democrats await Manchin decision on voting rights bill Newsmax hires Jenna Ellis, Hogan Gidley as contributors MORE, President TrumpDonald TrumpIran claims U.S. to lift all oil sanctions but State Department says 'nothing is agreed' Ivanka Trump, Kushner distance themselves from Trump claims on election: CNN Overnight Defense: Joint Chiefs chairman clashes with GOP on critical race theory | House bill introduced to overhaul military justice system as sexual assault reform builds momentum MORE's personal attorney, told lawmakers on Tuesday that he won't comply with a congressional subpoena for documents and communications related to House Democrats' impeachment inquiry.

Giuliani's attorney, Jon Sale, wrote to the House Intelligence Committee that Giuliani would not comply with the subpoena. Sale cited a White House letter stating that it would not cooperate with the impeachment inquiry, which it claimed was invalid.

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Sale's letter, a copy of which was obtained by The Hill, argues that the subpoena is "overbroad, unduly burdensome, and seeks documents beyond the scope of legitimate inquiry." Sale also asserted that certain documents in the subpoena fall under attorney-client privilege, an argument some legal experts expressed skepticism about.

An official working on the impeachment inquiry said Democrats will consider Trump and his personal attorney to be obstructing their probe if Giuliani refuses to testify.

“Witnesses do not get to choose whether to comply with a duly-authorized subpoena, or to pick their investigators—not in the justice system, not in the Congress, and not in our democracy," the official said in a written statement.

"If Rudy Giuliani and the President truly have nothing to hide about their actions, Giuliani will comply—otherwise, we will be forced to consider this as additional evidence of obstruction, and may infer that the evidence withheld would substantiate the accusations of President Trump’s misconduct and efforts to cover it up. Nobody is above the law, not a president, and not his shadow envoy to Ukraine.” 

Giuliani hired Sale, a former Watergate prosecutor, to assist him in responding to the subpoena. Sale told The Hill on Tuesday his work for Giuliani is completed, and he is no longer representing him as a result.

House Democrats sent Giuliani a subpoena on Sept. 30 seeking documents related to his work in Ukraine, which is at the heart of an ongoing impeachment inquiry into Trump. Giuliani has been at the center of efforts to find and circulate potentially damaging allegations about former Vice President Joe BidenJoe BidenSchumer vows to advance two-pronged infrastructure plan next month Biden appoints veteran housing, banking regulator as acting FHFA chief Iran claims U.S. to lift all oil sanctions but State Department says 'nothing is agreed' MORE, one of Trump's chief political rivals.

Giuliani said at the time that he had received the subpoena and would consider it, but he criticized the Democratic lawmakers who signed it as having "prejudged" the case.

He released a statement on Twitter later on Tuesday, saying he would not "participate in an illegitimate, unconstitutional, and baseless 'impeachment inquiry.'" He also confirmed that Sale was no longer representing him.

Spokespeople for the three House committees leading the impeachment inquiry did not immediately respond to a request for comment about Giuliani's decision not to comply.

Giuliani was expected to attend the Tuesday afternoon American League Championship Series game between the New York Yankees and Houston Astros.

If he does not comply, House Democrats could move to hold him in contempt. While it is unlikely that Attorney General William BarrBill BarrEnergized Trump probes pose problems for Biden Pavlich: Biden can't ignore defund the police contributions to violent crime spike Progressives slam Garland for DOJ stances on Trump-era cases MORE would hold Giuliani in criminal contempt, the House could have the sergeant at arms arrest him for inherent contempt.

--Updated at 3:58 p.m.

 

Sale Letter by Meghashyam Mali on Scribd