If that is the strategy, they're doing a good job of sabotaging it. Giuliani's "when [Cohen] was doing no work for the president" statement cuts against any privilege, as does his bonkers description of the "retainer," which precludes any possibility Cohen was doing legal work.
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If it falls to the SCO, I don’t think it matters. I think Rudy is there to deal with the politics of Trump’s legal woes. He is prepping for Trump to refuse a Mueller subpoena. The legal consequences won’t matter as long as Trump maintains his loyal voting block.
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