In line with two sources, the Feds have mentioned submitting a authorized movement for Giuliani's digital communications
Former New York City Mayor Rudy Giuliani, U.S. President Donald Trump's personal attorney, speaks during a press conference on election filing at the Atlantic Aviation PHL private air terminal in Philadelphia, Pennsylvania, the United States, on November 4, 2020.
Mark Kauzlarich | Reuters
The federal prosecutor's office has spoken about filing a legal application for electronic communication from Rudy Giuliani. Two sources familiar with the investigation report to NBC News, a sign that the investigation into President Donald Trump's personal attorney is ongoing and may begin soon.
Prosecutors for the southern borough of New York have informed them of their desire to see Giuliani's emails with Justice Department officials in Washington, the two sources said. The SDNY requires Washington's approval before its prosecution can request a judge to sign a search warrant for materials that may be protected by attorney and client law, according to the department's guidelines. It is not known whether Washington gave this approval to the SDNY.
The scope of the current investigation is unclear, but in October 2019 the Wall Street Journal reported that SDNY prosecutors were reviewing Giuliani's bank records as part of an investigation into his business in Ukraine. Two of his former associates, Lev Parnas and Igor Fruman, were arrested earlier that month for campaign funding and have since been charged with other wire fraud-related crimes. Parnas and Fruman have pleaded not guilty.
In February, the Washington Post reported that prosecutors contacted witnesses trying to collect additional documents as part of their investigation into Giuliani.
Little was known since then of the state of the investigation and whether Giuliani was still being investigated for his efforts to convince Ukraine to investigate then-candidate Joe Biden into his son Hunter's business in the country.
However, the two known sources say that Giuliani's investigation is still ongoing. One says she is "very active".
A Justice Department spokeswoman declined to comment, as did Nicholas Biase, a spokeswoman for the southern borough of New York.
Robert Costello, Giuliani's attorney, told NBC News, "I have no reason to believe the allegations that interest in my client has been restored are true."
Now that the presidential election is over, the Justice Department's rules prohibiting prosecutors from taking overt action that could affect an election no longer apply.
Chuck Rosenberg, a former U.S. attorney for the Eastern District of Virginia, said he could see why Washington Department of Justice officials might be reluctant to approve a search warrant near the election amid concerns that his exhibit would become public could.
"It makes sense to treat a search warrant as possibly an obvious step in the investigation," said Rosenberg, an analyst with NBC News. "Search warrants on a subject's personal belongings are not particularly discreet, and the warrant recipient can talk about them. This might be a legitimate concern prior to an election, but the equation changes after an election if you no longer need to abstain from an open investigation Steps."
Earlier this month, Hunter Biden announced that his taxes were being investigated by the US Attorney's Office in Delaware. A source familiar with the investigation said prosecutors failed to take overt steps that might have become public in the days leading up to the election because their work involved a candidate's son.
Giuliani was discharged from hospital on December 10th after treatment related to his positive diagnosis of Covid-19. On December 1, the New York Times reported that Giuliani had spoken to Trump about a possible preventive pardon that would isolate him from the federal charges that Giuliani has since denied.