Rudy Giuliani's 'Voluntary' Interview in Trump Probe Raises Questions

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Speculation has risen as to why Donald Trump's former lawyer Rudy Giuliani voluntarily answered questions from federal prosecutors investigating the former president's attempts to overturn the 2020 election.

Giuliani met with Special Counsel Jack Smith's office last week under what is known as a proffer agreement—in which a subject of a criminal investigation can share information with prosecutors on an understanding the statements will not be used against them in future criminal proceedings unless it is determined they were lying.

Among some of the subjects which the former New York mayor was questioned over was a scheme to create a fake group of electors who would falsely declare that Trump had beaten Joe Biden in several key swing states in which the Republican had actually lost in 2020, reported The New York Times.

According to CNN, which first reported on the Giuliani meeting, prosecutors appear to be nearing a decision on whether to bring charges as part of the 2020 election and January 6 federal investigation.

Rudy Giuliani in DC
Former New York City Mayor and former personal lawyer for President Donald Trump, Rudy Giuliani, arrives at the U.S. District Court on May 19, 2023 in Washington, D.C. Giuliani has been interviewed by federal... Alex Wong/Getty Images

The interview was confirmed by Ted Goodman, a political adviser to Giuliani, in a statement to several news outlets. "The appearance was entirely voluntary and conducted in a professional manner," Goodman said.

As noted by MSNBC legal analyst Lisa Rubin, Giuliani himself retweeted the statement from Goodman after it was shared by The Daily Caller's chief national correspondent Henry Rodgers.

"Among those who retweeted last night's CNN story was one Rudy Giuliani. Ask yourself: Why is Rudy so interested in making sure folks know he gave a 'voluntary' interview to the Special Counsel's Office?" Rubin tweeted.

Discussing the meeting, former Deputy Assistant Attorney General Harry Litman told MSNBC's Deadline: White House that Giuliani choosing to speak to prosecutors suggests he is trying to cut a deal ahead of a potential indictment.

"Here's what it means," Litman said. "[Giuliani] has gone in with a proffer. That means he has given information but under circumstances where they won't hold it against him. They'll just evaluate whether they want him, want him for what, and give him immunity or an easy deal.

"What he is giving in exchange has to be information about Donald Trump," Litman added. "So this proffer, yes, he didn't ... have to do it. You could call it voluntary in that way, but don't think that he's like a good citizen just finally getting this off his chest. He's trying to cut a deal and he knows the time is very short."

However, Bill Palmer, who writes the left-wing political blog Palmer Report, said that while "criminal targets can't be compelled to testify against themselves'' the fact that Giuliani's meeting was voluntary may not mean he is cooperating with prosecutors.

"That said, Giuliani is precisely the kind of idiot who would voluntarily agree to meet with prosecutors in order to try to convince them of his election conspiracy theories," Palmer tweeted. "Why would Jack Smith or his team take such a meeting with Giuliani? It's a gift. Giuliani would have spent the entire meeting voluntarily confessing to one crime after another.

"The other scenario is that the interview happened because Giuliani has cut a cooperating plea deal or immunity deal. But in such a case no one involved would be telling the media about it right now, and we wouldn't be reading about it today."

Smith's office has already charged Trump as part of the classified documents probe.

Trump pleaded not guilty to 37 felony offences as part of the classified materials case and denies all wrongdoing with regards to the January 6 riot and attempt to overturn the 2020 election, which the former president still falsely states was rigged against him.

Giuliani's legal team has been contacted for comment via email.

About the writer

Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida news. He joined Newsweek in February 2018 after spending several years working at the International Business Times U.K., where he predominantly reported on crime, politics and current affairs. Prior to this, he worked as a freelance copywriter after graduating from the University of Sunderland in 2010. Languages: English. Email: e.palmer@newsweek.com.


Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida ... Read more