(CNN)Attorneys for Rudy Giuliani argued in a letter to the court unsealed Monday that federal authorities’ review of material seized from a covert search of his iCloud account in 2019 was illegal and suggested the search warrants executed late last month on his Manhattan home and office were the “fruit of this poisoned tree.”
Lawyers for Giuliani, who served as former President Donald Trump’s personal attorney, filed the letter in response to prosecutors’ request for a “special master” — or independent review — of the material seized from his properties to determine whether it contains documents subject to attorney-client privilege.
Giuliani has been the focus of an investigation concerning his activities in Ukraine, including whether he conducted illegal lobbying for Ukrainian officials while he pursued an investigation linked to Trump’s primary political rival, President Joe Biden, CNN has reported. Giuliani hasn’t been charged and has denied wrongdoing.
In their letter unsealed Monday, Giuliani’s lawyers told a judge they should be able to review the iCloud search by having the court unseal the affidavits filed in support of the warrant, allow them to question the government about a non-disclosure order in the iCloud warrant saying “if Giuliani were informed of the existence of the warrant, he might destroy evidence or intimidate witnesses” and give them access to the material gathered in 2019.
“After our review, we expect to be able to expand our argument that this unilateral, secret review was illegal,” they wrote, “and should be deterred in the future by suppression of any evidence considered, and also any information obtained as fruit of this poisoned tree.”
A spokesman for the Manhattan US Attorney’s office declined to comment on Giuliani’s lawyers’ assertions.
When prosecutors searched the former New York City mayor’s iCloud account, Giuliani’s lawyers wrote, “the government unilaterally reviewed all the information, privileged and not, and made entirely uninformed decisions about privilege (without any input from the clients or their counsel). This was during a period when the President was under investigation by that very office and the Justice Department of which they are an integral part.”
Giuliani’s lawyers also wrote that
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