Trump has no defense if he knew Giuliani was drunk giving legal advice: analyst
One of the findings detailed in the House Select Committee on the 2020 election and Jan. 6 was that Donald Trump was getting a lot of legal advice that his ideas wouldn't work. Further, he was being told that the outlandish plots from the likes of Rudy Giuliani and John Eastman wouldn't work. But it was as if Trump allies were searching for lawyers who were willing to support legally unsound ideas to overthrow the election, according to reports.
Rolling Stone reported Tuesday that among the threads of investigation, special counsel Jack Smith's team is pulling is the degree to which Giuliani was drunk while giving legal advice to Trump. Further, it explained, did Donald Trump and his allies know that Giuliani was drunk when he took his advice?
"The special counsel's team has also asked these witnesses if Trump had ever gossiped with them about Giuliani's drinking habits, and if Trump had ever claimed Giuliani's drinking impacted his decision making or judgment," Rolling Stone reported.
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Another question, according to the report, is whether Trump was warned about Giuliani's drinking habits, including after Election Night 2020. They asked if any of the witnesses in the Oval Office or on conference calls were aware of whether Giuliani was drunk while giving legal advice, and "how much."
"Federal prosecutors often aren't interested in investigating mere alcohol consumption but according to lawyers in the room with special counsel investigators Smith and his team are interested in this subject because it could help demonstrate that Trump was implementing the counsel of somebody he knew to be under the influence and perhaps not thinking clearly," the report continued. "If that were the case it could add to federal prosecutors' argument that Trump behaved with willful recklessness in his attempts to nullify the 2020 election — by relying heavily on a lawyer he believed was inebriated."
Author Michael Wolff confirmed in his book, Landslide: The Final Days of the Trump Presidency, that the former "America's Mayor" "is drinking all of the time."
"He is -- you know, if not constantly drunk, certainly buzzed, throughout this period — actually probably for throughout most of the Trump administration," Wolff told MSNBC in an interview after the release of his book. "Beyond that, he is a desperate figure. Desperate. He will do anything to be at the center of attention. If that involves saying anything that Trump wants to hear, he will certainly do that. As we've seen. And again, everyone in the White House, in the campaign, in Trump's family knows it's incredibly destructive to the Trump White House. Many of them actually blame Rudy, even more than they blame the president — although everyone blames the president for the last four years."
Former federal prosecutor Glenn Kirschner questioned whether Trump was intentionally taking bad advice as "cover" to do what he wanted to do.
"Is he taking the advice from somebody who everyone in the room knows is drunk?" Kirschner asked. "If you're taking advice from a thoughtful, sober, learned counsel, that, you know, might give you some protection on the advice of counsel front. But if you're taking advice from, you know, from the town drunk sitting in the public square yelling at the clouds, you're not going to have much of an advice of counsel defense."
Speaking out about the allegations against him, Trump has claimed that he was just doing what his lawyers told him.
"These are not salacious issues and I think more fundamentally, on the advice of counsel defense, I also think it is really hard for Donald Trump to pursue that when his counsel are his co-defendants in the Jan. 6 trial," Kirschner said. "They're his unindicted co-defendants and there is no advice of co-defendant offense. So, that also complicated the advice of counsel defense that Donald Trump might otherwise have."
“I am disgusted and outraged at the outright lie by Jason Miller and Bill Steppien [sic],” Giuliani wrote on social media during the Jan. 6 hearings in Congress. He said if he was acting erratically it was because he was angry that they weren't addressing fake claims of voter fraud.
“I was upset that they were not prepared for the massive cheating (as well as other lawyers around the President) I REFUSED all alcohol that evening. My favorite drink..Diet Pepsi.” Giuliani added: “Is the false testimony from Miller and Steppien because I yelled at them? Are they being paid to lie?"
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if Trump knew Giuliani was drunk and listened to him anyway he won't have a defense youtu.be