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    Watchdog Inquiry Falls Short in Hunt for 2016 F.B.I. Leakers

    An inspector general found that the bureau was permissive about talking to reporters and identified no specific leaks, including to Rudolph Giuliani about the Clinton email investigation.The Justice Department’s inspector general failed to identify F.B.I. officials who leaked information in 2016 to reporters or to Donald J. Trump’s longtime confidant Rudolph W. Giuliani, who had claimed that he had inside information about an investigation into Hillary Clinton just before the inquiry upended the presidential race, a report released on Thursday said.The office of the independent inspector general, Michael E. Horowitz, said that it identified dozens of officials who were in contact with the news media and struggled amid such a large universe of contacts to determine who had disclosed sensitive information. It also noted that it had no power to subpoena records, witnesses or messages from officials’ personal communication devices.Mr. Horowitz had examined the issue after several public disclosures during the election about F.B.I. investigations relating to Mrs. Clinton and Mr. Trump’s campaign.In one of the most glaring episodes, Mr. Giuliani had claimed on television in late October 2016 that a coming “surprise” would help Mr. Trump. Two days later, the F.B.I. director, James B. Comey, took the highly unusual move of publicly disclosing that the bureau had reopened its investigation into Mrs. Clinton’s use of a personal email account to conduct government business while secretary of state. The revelation jolted the presidential campaign days before Mr. Trump’s unexpected victory.Later that day, Mr. Giuliani claimed on a radio program that he had heard from former F.B.I. agents and “even from a few active agents, who obviously don’t want to identify themselves,” about rumors of a significant development in the case.But in the report released on Thursday, Mr. Horowitz’s office said that it had not identified any internal F.B.I. source of information for Mr. Giuliani and that he told investigators that despite his public claims, he had not spoken to “active” agents, only gossiped with former bureau officials.“He stated that his use of the term ‘active’ was meant to refer to retired F.B.I. agents who were still actively working in security and consulting,” according to the report.Mr. Giuliani told investigators: “Comey’s statements were a shock to me. I had no foreknowledge of any of them.”Mr. Giuliani’s 2016 statements have been seen as significant because the inspector general’s office has also found that Mr. Comey disclosed the reopening of the Clinton email investigation in part out of fear that its existence would leak to the news media. A portion of the investigation was being handled by federal authorities in Manhattan, where Mr. Giuliani once served as the U.S. attorney and as mayor, and where he has many longtime friends and supporters in law enforcement.Mr. Comey later told Congress that he was so concerned about Mr. Giuliani’s comments at the time that he had ordered the bureau to open a leak investigation into who Mr. Giuliani was talking to inside the F.B.I.Similar to a report published in 2018, the document released on Thursday criticized the F.B.I. for allowing a permissive culture about contacts with the news media in 2016 and for failing to follow its own policies devised to prevent disclosures of sensitive information to the public.In a sign of the bureau’s culture at the time, the inspector general said that at a conference for F.B.I. special agents in charge of field offices in April 2017, senior bureau officials said that they planned to toughen the policies for dealing with the news media.“Within hours of this discussion, and months before the F.B.I. officially adopted and announced the new media policy, a national news organization reported on the media policy change discussion at the conference, citing unnamed F.B.I. officials who were in attendance,” the report said.The inspector general said investigators had identified six F.B.I. employees who did not work in the department’s press office who had contact with the news media, adding that they were referred to the bureau for potential disciplinary action.The F.B.I. told the inspector general’s office that in response to its previous recommendations, it had enhanced employee training and disciplinary penalties for talking the press.In a letter to the inspector general, the F.B.I. acknowledged the damage that can be created by leaks.“The unauthorized disclosure of nonpublic information during an ongoing criminal investigation can potentially impair the investigation, can result in the disclosure of sensitive law enforcement information, and is fundamentally unfair to the subject or target of the investigation,” said Douglas A. Leff, the assistant director for the bureau’s inspection division. More

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    Book Review: ‘Landslide,’ by Michael Wolff

    LANDSLIDEThe Final Days of the Trump White HouseBy Michael WolffForty-five years ago, when Bob Woodward and Carl Bernstein’s “The Final Days” came out, it was a different world: There was no cable news, no internet and no social media, and the political establishment offered at least the illusion of being in control. The Watergate scandal, culminating in Richard Nixon’s resignation, presented a riveting series of public events — hearings, trials and so on — but that left it open to Woodward and Bernstein to tell the story of what had been going on behind the scenes.“Landslide: The Final Days of the Trump White House,” Michael Wolff’s third book about Donald Trump’s presidency, after “Fire and Fury” and “Siege,” faces a different challenge in recounting Trump’s political demise (for now). Penetrating a buttoned-up White House was not the issue, because Trump ran his administration as a public performance. Nixon spoke calmly in public and ranted and cursed to his aides. Trump put his self-pity, revenge fantasies and paranoia on full display at his rallies and in his tweets. He was indiscreet, and he surrounded himself with other indiscreet people, whom he often motivated to become especially indiscreet by humiliating or firing them. How can one lend an element of revelation to an account of the crazy, terrifying weeks between Election Day 2020 and President Biden’s inauguration?Wolff’s method is essentially the same as in “The Final Days” and many other inside stories about highest-level politics: He uses lots of detailed off-the-record interviews with aides to produce a tale told in a third-person omniscient voice, without conventional journalistic attribution. I noticed only a time or two when he seemed to have put something that somebody had told him between quotation marks, with the person’s name attached. In books like this, the author adopts his sources’ perspective — narrowly, in the sense that they are shown behaving honorably, and broadly, in the sense that their overall take on events animates the story.In an epilogue, Wolff interviews Trump himself, at Mar-a-Lago. It’s an artfully drawn scene of the king in exile, but the former president doesn’t really say anything he hasn’t said many times before — and indeed elsewhere in the book Wolff wisely chooses to quote several of Trump’s public speeches at length, because nothing else quite as fully captures his (to use Wolff’s term) “derangement.” Wolff’s main sources seem to be a group of aides at a second or third level of celebrity, people who see themselves as “political professionals.” Administration staff members like Jason Miller (communications adviser), Mark Meadows (White House chief of staff), Matthew Morgan (counsel to the re-election campaign) and Marc Short (Mike Pence’s chief of staff) appear often in Wolff’s accounts of White House meetings, usually attempting unsuccessfully to impose a measure of order and sanity. It seems safe to assume that it’s their collective point of view, and that of others like them, that we’re getting in “Landslide.”Books like this usually burst out of the gate with a few newsmaking anecdotes, and Wolff does provide some of these. Trump believed that the Democratic Party’s elders would pull Biden, sure to lose, at the last minute, and replace him with a ticket of Andrew Cuomo and Michelle Obama. He toyed with the idea of using the pandemic as a pretext for indefinitely postponing the election. The most notorious line in his speech to the incipient mob on Jan. 6 — “we’re going to walk down to the Capitol” — was an ad-lib, not in the text his staff had prepared. But the strength of “Landslide” comes less from these stories and more from a coherent argument that Wolff, in partnership with his sources, makes about how we should understand the period between Nov. 3 and Jan. 20. Most quickly produced books about political events don’t do that.Trump, in these pages, is self-obsessed, delusional and administratively incompetent. He has no interest in or understanding of the workings of government. He doesn’t read or listen to briefings. He spends vast amounts of time watching conservative television networks and chatting on the phone with cronies. The pandemic puts him at a special disadvantage; many of the people around him are either sick or afraid to come to work because that would entail complying with a regime of Covid noncompliance that Trump demands. If anybody tells him something he doesn’t want to hear, he marginalizes or fires that person and finds somebody else to listen to, who may or may not hold an official position. If Fox News becomes less than completely loyal, he’ll switch to Newsmax or One America News Network. He lives in a self-curated information environment that bears only a glancing relationship to reality.Before the belief that the election was stolen had taken full control of Trump’s mind, the idea was already there — because he chose to regard all forms of expanded access to voting, which tend to favor the Democrats, as stealing. He turned down entreaties from his staff to set up a Republican get-out-the-early-vote operation, just as he also turned down entreaties to endorse masking and social distancing during the height of the pandemic: off-brand. He was utterly disorganized, with endless firings and reshufflings of the key players. And during his second impeachment trial, Trump was represented by a comically incompetent, squabbling team of lawyers whom he had barely met.In the early hours of election night, when he was running well ahead of the pre-election polls, Trump decided he had won. After it became clear to everyone but him that he hadn’t, he empowered an alternate-reality team of advisers, headed by Rudy Giuliani and including people whom even Giuliani considered to be unacceptably out-there, like Sidney Powell, the freelancing lawyer, and Mike Lindell, the C.E.O. of MyPillow, and he embraced every available conspiracy theory and strategic fantasy about how he could change the result. To Trump, in Wolff’s telling, elections are roughly similar to the due dates for loans in his real-estate business — a place to start negotiating. Because he divides people into two categories, strong and weak, and because he has the deep cynicism of an unprincipled person, he chose to believe that he was not the first result-denying presidential candidate, only the first who was manly enough to challenge a typically corrupt outcome.Nobody holding official power in the White House or the Republican Party — in particular, Mike Pence and Mitch McConnell — took Trump’s ravings seriously, so the horrifying events of Jan. 6 came as a surprise, probably even to Trump himself. The various rallies that day had been organized by independent right-wing political entrepreneurs with businesses to promote, not by the White House, and it wasn’t yet clear to most Republicans in Washington how fully Trump’s followers had accepted his insistence that the election had been stolen. Almost nobody in the White House was actively trying to persuade members of Congress to vote for the election challenges that were before them on Jan. 6.One obvious question all this raises is: If Trump was so unrelievedly awful, not to mention dangerous, why were Wolff’s sources working for him? “In insider political circles,” Wolff writes, “almost all politicians are seen as difficult and even damaged people, necessarily tolerated in some civics class inversion because they were elected.” Over time the realization dawned that Trump was in a specially appalling category. After that, “You took it and put up with it and tried to make the best of it, not in spite of everything, but because this was what you did; this was the job you had.” Or you thought you could help by “keeping it from being so much worse than it otherwise might be.” Or you persuaded yourself that you were serving a larger cause, as in the case of Marc Short: “He detested the president but saw a tight-lipped tolerance, however painful, as the way to use Trump’s popularity to realize the conservative grail of remaking the federal courts and the federal bureaucracy.”More than all this, though, the quality of Trump’s that best explains what happened is that he commands a vast, enthusiastically loyal following that may represent as much as a quarter of the voting public, or even more, and a majority of the people who vote in Republican primaries. Nobody holding an appointed position has this, and very few elected officials do either. Wolff says the people around Trump believed he had “magical properties,” based on “a genius sense of how to satisfy the audience.” Everyone knew from firsthand observation how incompetent a chief executive he was: “Beyond his immediate desires and pronouncements, there was no ability — or structure, or chain of command, or procedures, or expertise, or actual person to call — to make anything happen.” Therefore they assumed that his postelection lunacy would have no consequences, and that it was safe to avoid any public argument with the president that might arouse the Republican base. Essentially the only nefarious misdeed he was capable of pulling off was the one he did pull off, not entirely wittingly: the power to incite a violent, democracy-subverting mob of his devotees.Trump’s election, his term in office and the manner of his departure have reawakened a dormant debate about the essential health of the American political system. Are there too many barriers in the way of voting? Is the public misinformed? Do billionaires and other elites control the system? Do the Electoral College and the way congressional representation is apportioned overempower underpopulated rural areas? Wolff raises a more fundamental and frightening possibility: that the lesson of Trump is that in a democratic society, a malign and dangerous “crazy person,” especially one with a deep instinctive understanding of public opinion and the media, can become genuinely popular. Millions of Americans love Trump. As Wolff points out, after Jan. 6, his standing in the polls went up.This is not an abstract or theoretical concern. Wolff doesn’t make a direct prediction. But he leaves us with the strong impression that Trump will be running for president again in 2024. More

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    Trump Is Said to Have Called Arizona Official After Election Loss

    Donald Trump tried to reach the top Republican in metropolitan Phoenix as his allies were trying to overturn the state’s 2020 results, according to the official, who said he did not pick up the calls.President Donald J. Trump twice sought to talk on the phone with the Republican leader of Arizona’s most populous county last winter as the Trump campaign and its allies tried unsuccessfully to reverse Joseph R. Biden Jr.’s narrow victory in the state’s presidential contest, according to the Republican official and records obtained by The Arizona Republic, a Phoenix newspaper.But the leader, Clint Hickman, then the chairman of the Maricopa County Board of Supervisors, said in an interview on Friday that he let the calls — made in late December and early January — go to voice mail and did not return them. “I told people, ‘Please don’t have the president call me,’” he said.At the time, Mr. Hickman was being pressed by the state Republican Party chairwoman and Mr. Trump’s lawyer Rudolph W. Giuliani to investigate claims of fraud in the county’s election, which Mr. Biden had won by about 45,000 votes.Liz Harrington, a spokeswoman for Mr. Trump, said in a statement that “it’s no surprise Maricopa County election officials had no desire to look into significant irregularities during the election,” though there is no evidence of widespread problems with Arizona’s election. She did not directly address the calls reportedly made by Mr. Trump. Two former campaign aides said they knew nothing about the outreach to the Maricopa County official.The Arizona Republic obtained the records of the phone calls from Mr. Trump and Mr. Giuliani after a Freedom of Information Act request.Mr. Hickman and the county’s four other supervisors certified the election results and have repeatedly called the vote free and fair. But the Republican-controlled State Senate began its own review of all 2.1 million votes cast in the county, which has been widely criticized by state officials from both parties and is still underway.The Arizona Republic reported that the calls came as the state Republican chairwoman, Kelli Ward, sought to connect Mr. Hickman and other county officials to Mr. Trump and his allies so they could discuss purported irregularities in the county’s election.Ms. Ward first told Mr. Hickman on Nov. 13, the day after the Maricopa vote count sealed Mr. Biden’s victory in Arizona, that the president would probably call him. But the first call did not come until New Year’s Eve, when Mr. Hickman said the White House operator dialed him as he was dining with his wife.Mr. Hickman said the switchboard operator left a voice mail message saying Mr. Trump wished to speak with him and asking him to call back. He didn’t. Four nights later, the White House switchboard operator called Mr. Hickman again, he said. By then, Mr. Hickman recalled, he had read a transcript of Mr. Trump’s call with Brad Raffensperger, the Georgia secretary of state whom Mr. Trump pressured to “find more votes” to reverse his defeat in the state. “I had seen what occurred in Georgia and I was like, ‘I want no part of this madness and the only way I enter into this is I call the president back,’” Mr. Hickman said.He sent the call to voice mail and did not return it because, he said, the county was in litigation over the election results at that point.In November and December, Mr. Giuliani also called Mr. Hickman and the three other Republicans on the Board of Supervisors, The Republic reported. That call to Mr. Hickman also went to his voice mail, he said, and he did not return it either.Among those he consulted with while considering whether to return Mr. Trump’s calls, Mr. Hickman said, was Thomas Liddy, the litigation chief of Maricopa County. Mr. Liddy is a son of G. Gordon Liddy, the key figure in the Watergate burglary.  “History collides,” Mr. Hickman said. “It’s a small world.”Annie Karni More

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    Giuliani Law License Suspension: Read the Document

    all ballots cast in the presidential audit.9 The hand audit, which relied exclusively on the

    printed text on the ballot-marking device, or bubbled-in the choice of the absentee

    ballot, confirmed the results of the election with a zero percent risk limit. Respondent’s

    statement that the vote count was inaccurate, without referencing the hand audits, was

    misleading. By law, this audit was required to take place following the election and be

    completed no later than December 31, 2020 (Ga Ann § 21-2-498). Respondent’s

    statements were made while the hand audit was proceeding and after it concluded. We

    understand that Dominion has sued respondent for defamation in connection with his

    claims about their voting machines (Complaint, US Dominion, Inc. v Giuliani, 1:21-cv-

    00213, US District Court, District of Columbia [Washington], January 25, 2021).

    Consequently, we do not reach the issue of whether respondent’s claims about the

    Dominion voting machines were false, nor do we need to.

    statements about the results of the Georgia election count are false. Respondent

    provides no basis in this record for disputing the hand count audit. Respondent made

    these statements at least on December 3, 2020 when appearing before the Georgia

    Legislature’s Senate Judiciary Committee, during a December 6, 2020 episode of the

    radio show Uncovering the Truth, during a December 22, 2020 episode of his radio

    show Chat with the Mayor, he alluded to it in a December 27, 2020 episode of

    9 In this motion, because the AGC only relies on the audit referred to in the Georgia Secretary of State’s January 6, 2021 letter to Congress, we only consider this one audit. Georgia’s election results were, however, actually audited three times, and no evidence of widespread fraud was discovered (Daniel Funke, Fact check: No evidence of fraud in Georgia election results (June 1, 2021), https://www.usatoday.com/story/news/factcheck/2021/06/01/fact-check-georgia- audit-hasnt-found-30-000-fake-ballots/5253184001/ [last accessed June 12, 2021]).

    In view of the hand counts conducted in Georgia, we find that respondent’s

    17 More

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    What We Learned From the Final Sunday of Campaigning in Mayor's Race

    On the last day of early voting before Tuesday’s primary in New York City, the eight leading Democratic candidates sprinted across the boroughs on Sunday, stopping at the usual rally points like churches, parks and barbecues, as they tried to lure more voters. They braved temperatures that hit almost 90 degrees, and canceled Father’s Day plans, to shake hands and even hula hoop with supporters.Here are five takeaways that stood out from the final weekend of campaigning.Garcia and Yang team up, but avoid endorsementsKathryn Garcia and Andrew Yang appeared together in Chinatown, marking the second time in just as many days that the pair came together on the campaign trail. That earned the ire of front-runner Eric Adams. (More on that later.)Mr. Yang has encouraged his supporters to mark Ms. Garcia as their second choice on the ranked-choice ballots. Garcia isn’t returning the favor. She’s praised Mr. Yang, but she isn’t explicitly asking her supporters to cast a vote for Mr. Yang.The show of unity from two of the strongest candidates underscored how ranked-choice voting has complicated the mayor’s race and how rival candidates can band together in a ranked-choice election to stem the momentum of a front-runner. In this case, Mr. Adams, the Brooklyn borough president.Accusations of voter suppressionThat alliance isn’t going unnoticed. Prominent Black leaders, including Representative Gregory W. Meeks of Queens, have echoed comments by Mr. Adams that the alliance is a an attempt at diluting the voice of Black voters. Mr. Adams has said that the show of unity is an attempt to prevent “a person of color” — specifically a Black or Latino person — from becoming mayor. H. Carl McCall, the former state comptroller, has also criticized the move, likening it to voter suppression. Both men have said they will rank Mr. Adams either first or second on their ballots.Mr. Yang dismissed the accusation that his alliance with Ms. Garcia was divisive. Maya Wiley disagreed with Mr. Adams that the partnership is intended to weaken the Black vote, saying candidates are going to strategize differently about ranked-choice voting.“I will never play the race card lightly unless I see racism, and I’m not calling this racism,” Ms. Wiley saidDoubts about releasing unofficial talliesMr. Adams has never been a fan of ranked-choice voting, which allows voters to select their top five candidates. Now, he is raising questions about how the Board of Elections plans to release results as his campaign faces growing efforts from opponents to slow his momentum.Mr. Adams, who has declined to say who he would list as No. 2, has said the Board of Elections should not release any results until it has the final tally. The city plans to start releasing partial and unofficial vote totals on Tuesday night, after polls close. And then they will periodically update the tallies until a final count on July 12.If no candidate gets the 50 percent plus one vote required for victory on primary night, the ranked-choice voting tabulation process will begin.Adams disagrees with the process but said he will not fight it. “These are the rules. We have to play by the rules,” he said. “We are going to tell our supporters and voters let’s remain patient.”Early voting on summer’s first dayNew Yorkers didn’t rush to polling sites on Sunday, the last day of early voting. Instead parks and beaches and restaurants and bars were packed across the five boroughs as temperatures almost hit 90 degrees Fahrenheit. That was a reversal from last year when more than a million people waited hours in lines that stretched blocks to vote in November’s presidential election. This time, there were barely any lines, and waits of just 20 minutes at the most congested polling sites.Candidates make it a family affairNeither the heat nor Father’s Day could keep candidates off the campaign trail on Sunday, with some turning their final pitches to voters into a family affair.Scott Stringer, a top contender early on whose candidacy was derailed by allegations of sexual assault, brought his wife and two sons to canvas on the Lower East Side of Manhattan. Both sons were handing out pamphlets and wearing Team Stringer T-shirts. “I wouldn’t have it any other way,” Mr. Stringer said of his Father’s Day.Mr. Yang made campaign stops in Forest Hill, encouraging young New Yorkers and their four-legged siblings to wish their dads a happy Father’s Day.And New Yorkers across the city celebrated Father’s Day with their families, many still carefully considering how they will cast their votes on Tuesday. More

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    Giuliani Embraces Eric Adams Before Primary. Adams Says No Thanks

    Eric Adams may not want Rudy Giuliani’s support, but he got it anyway on Friday when the former mayor of New York City said that if he were a Democrat he would back Mr. Adams in the mayoral primary.“There’s no question that Adams gives us some hope,” Mr. Giuliani said, stopping short of a full-throated endorsement. The former mayor highlighted Mr. Adams’s approach to crime, a top issue for voters across the city.In a subsequent campaign appearance on Friday, Mr. Adams did not seem particularly pleased by Mr. Giuliani’s comments and suggested it was an attempt by the former mayor to sabotage the campaign of a sometimes former critic.“I don’t need Giuliani’s endorsement, and we don’t want his endorsement,” Mr. Adams said. “One of the ways you sabotage a campaign is that you come out and endorse the opponent that you don’t want to win, and that’s what I believe he has attempted to do.”Mr. Adams became a Republican during Giuliani’s tenure, only to return to the Democratic Party later. Over the years, he has sent mixed messages about the former mayor, criticizing police brutality under his watch while also crediting him for the city’s falling crime rate.Mr. Adams is currently the frontrunner in the mayor’s race, though credible polling is sparse and the race remains fluid. He has also won praise from right-wing TV host Tucker Carlson, praise that Mr. Adams has also rejected.After Mr. Giuliani’s remarks, Mr. Adams’s opponents pounced.“Eric Adams is RUDY GIULIANI’S #1 pick in the Democratic primary,” said Eric Soufer, an adviser to Andrew Yang, the former presidential candidate, on Twitter.That prompted Rebecca Kirszner Katz, a campaign adviser to the campaign Scott Stringer, the New York City comptroller, to note that Stephen Miller, the architect of former President Donald J. Trump’s anti-immigration policies, has praised Mr. Yang for taking “positions antithetical to the progressive left in a very progressive primary.”“Andrew Yang is Stephen Miller’s #1,” she said on Twitter. “Don’t rank either of them.” More

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    Giuliani and Prosecutors Agree on Former Judge to Review Seized Materials

    Barbara S. Jones conducted a similar screening during the investigation into Michael D. Cohen.Federal prosecutors and lawyers for Rudolph W. Giuliani have recommended that Barbara S. Jones, a former judge in Manhattan, be appointed to review materials seized by the F.B.I. during recent searches of Mr. Giuliani’s home and office, according to a government court filing late Thursday.The proposal, which still must be approved by a federal judge, would require Ms. Jones to determine what seized materials might be covered by attorney-client privilege and should be kept from the authorities who are investigating Mr. Giuliani.Ms. Jones, who is now in private practice, filled a similar role three years ago when she was appointed to oversee a review of materials seized by the authorities during the investigation of Michael D. Cohen, former President Donald J. Trump’s onetime personal lawyer and fixer.Mr. Giuliani, the former mayor of New York City who also once served as Mr. Trump’s personal lawyer, has been under investigation over his dealings in Ukraine before the 2020 presidential election, The New York Times has reported.Federal prosecutors in Manhattan and the F.B.I. have been examining whether Mr. Giuliani lobbied the Trump administration on behalf of Ukrainian officials who were assisting him in his efforts to unearth damaging information about President Biden, who was then a leading Democratic candidate. Federal law prohibits lobbying the U.S. government on behalf of foreign officials without registering with the Justice Department, and Mr. Giuliani never registered.Mr. Giuliani has not been accused of any wrongdoing, and he has said he never lobbied on behalf of the Ukrainians. He has denounced the F.B.I. searches as a “corrupt double standard” by the Justice Department, which he said had ignored “blatant crimes” by Mr. Biden and other Democrats.On April 28, the F.B.I. seized 18 electronic devices, including cellphones and computers, in searches of Mr. Giuliani’s Madison Avenue apartment and his Park Avenue office in Manhattan, according to court filings.Federal prosecutors in Manhattan, citing what they called “unusually sensitive privilege issues” raised by searches of a lawyer whose clients included a former president, had asked for the appointment of a “special master” — a neutral authority who would determine whether any of the seized materials were protected by attorney-client privilege and should be kept from investigators.Mr. Giuliani is under investigation over his dealings in Ukraine before the 2020 election.Jeff Kowalsky/Agence France-Presse — Getty ImagesThe recommendation of Ms. Jones was agreed upon by federal prosecutors and lawyers for Mr. Giuliani, the office of Audrey Strauss, the U.S. attorney in Manhattan, said in a letter to Judge J. Paul Oetken of Federal District Court, who has been overseeing the Giuliani matter.Ms. Jones, a partner at the law firm Bracewell, had served for 17 years on the Federal District Court in Manhattan — the same court where Judge Oetken sits — after she was appointed to the bench by President Bill Clinton in 1995.From 1977 to 1987, she worked as a prosecutor in the U.S. attorney’s office for the Southern District of New York, the office that is investigating Mr. Giuliani. (During several of the years Ms. Jones was in the office, it was led by Mr. Giuliani, who was the U.S. attorney for the Southern District from 1983 to 1989.) She later served as a senior aide to Robert M. Morgenthau, the late Manhattan district attorney.Though Mr. Giuliani was once a partner at the firm where Ms. Jones now works, formerly known as Bracewell & Giuliani, he left before Ms. Jones arrived.“None of the parties believe that Mr. Giuliani’s prior affiliation with Bracewell & Giuliani presents a conflict that would disqualify Judge Jones from being appointed as the special master or her firm assisting in her review,” Ms. Strauss’s office said in the letter to Judge Oetken.While in private practice, Ms. Jones has served as a special master, a monitor or a compliance officer in a variety of court cases and other disputes, according to her website. In Mr. Cohen’s case, her review found that only a fraction of the seized materials were privileged and should be kept from investigators. Mr. Cohen eventually pleaded guilty to campaign finance and financial crimes.Ms. Strauss’s office, in the letter to Judge Oetken, said that in the Cohen matter, Judge Kimba M. Wood, who had appointed Ms. Jones, said she had “performed her review with extraordinary efficiency and speed, while giving the parties a full opportunity to be heard.” More

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    'Special Master' to Decide if FBI Can Use Giuliani's Data

    A federal judge in Manhattan on Friday ordered the appointment of a so-called special master to review whether materials seized from Rudolph W. Giuliani’s apartment and office during an F.B.I. search in April are protected by attorney-client privilege.The searches were part of a criminal investigation into whether Mr. Giuliani broke lobbying laws in his dealings in Ukraine before the 2020 presidential election. Mr. Giuliani was President Donald J. Trump’s personal lawyer at the time.Mr. Giuliani was seeking to uncover damaging information on President Biden, then a leading presidential candidate. The authorities are examining whether Mr. Giuliani was also lobbying the Trump administration on behalf of Ukrainian officials who were assisting him in his dirt-digging mission, The New York Times has reported.Mr. Giuliani has not been accused of any wrongdoing. He has said he never lobbied on behalf of the Ukrainians.The judge, J. Paul Oetken of Federal District Court in Manhattan, said the appointment of the special master — usually a retired judge or magistrate — was “warranted here to ensure the perception of fairness.”The special master would conduct a review to determine whether any of the material seized from Mr. Giuliani’s cellphones and computers was potentially covered by attorney-client privilege and should be made off-limits to prosecutors.In response to the ruling, one of Mr. Giuliani’s lawyers, Robert J. Costello, said, “We knew that a special master was inevitable, which is why we did not oppose it, so this ruling comes as no surprise to us.”The U.S. attorney’s office in Manhattan, which had sought the appointment of the special master, declined to comment.Judge Oetken also denied Mr. Giuliani’s request for copies of the confidential government documents detailing the basis for the warrants issued in support of the searches in April, and an earlier search of Mr. Giuliani’s iCloud account. Typically, such records are only made available to defendants after they are indicted and before a trial.Mr. Giuliani was “not entitled to a preview of the government’s evidence in an ongoing investigation before he has been charged with a crime,” the judge said.Judge Oetken asked that the parties submit to the court proposed candidates for special master by next Friday.Ben Protess More