Giuliani to Newsmax: Trump Subpoena Shouldn’t Matter Without ‘Settled Law’

Giuliani to Newsmax: Trump Subpoena Shouldn't Matter Without 'Settled Law' Giuliani to Newsmax: Trump Subpoena Shouldn't Matter Without 'Settled Law' Former New York City Mayor Rudy Giuliani. (Spencer Platt/Getty Images)

By Jay Clemons | Friday, 21 October 2022 09:30 PM EDT

Rudy Giuliani, the former New York City mayor and onetime legal counsel to former President Donald Trump, says the House committee investigating the January 6, 2021, unrest at the Capitol has no business ordering a subpoena for Trump, given how the federal courts have yet to rule on how "executive privilege" applies to contempt-of-Congress proceedings.

"If we were a country of laws, like we used to be," the Jan. 6 committee's subpoena would have minimal impact on Trump, Giuliani told Newsmax Friday evening, while appearing on "Eric Bolling The Balance."

"The courts should have worked out the law" in terms of the "full extent of executive privilege" before the Jan. 6 hearings took place, added Giuliani.

"This is not settled law," lamented Giuliani, while adding that no Democrat held in contempt has ever "been put in prison — let alone fined."

Giuliani offered another line of rationale for Trump keeping his options open, testimony-wise, while the courts potentially work through "executive privilege" matters, related to the Jan. 6 incident.

"The Jan. 6 committee is a [group] made up of proven liars," said Giuliani, while claiming that each Democrat member of the Jan. 6 panel touted the "myth" of Russian collusion during President Trump's four-year tenure in office.

Giuliani asserts the Democrat committee members also fought to conceal the truth about Hunter Biden's now-infamous laptop back in October 2020 — just weeks before the Trump-Biden presidential battle.

"Who was telling the truth about that? Trump was. Trump was right about Russian collusion — there was none," says Giuliani.

The way Giuliani sees it, Trump was also right about Hunter Biden's laptop being independently verified and "no quid pro quo" taking place with Ukraine — which was the primary reason for Trump's first impeachment hearing.

As such, Giuliani cannot fathom how the Jan. 6 committee has been given so much power to investigate "an insurrection without a single person there having a gun. Exactly how are you going to overthrow a government without a gun? … If it wasn't so serious, it'd be a joke."

Giuliani also found the Friday jail sentence handed down to former Trump adviser Steve Bannon (four months) to be similarly laughable.

"It's an example of the police state we live in," said Giuliani.

From Giuliani's perspective, Bannon was condemned before the courts had a chance to rule on what constitutes a crime with contempt-of-Congress charges, as it pertains to executive privilege.

"It's a case that [should have been appealed] through the Supreme Court before anyone decides to put him in prison," reasoned Giuliani. "How many Democrats have been held in contempt, and zero happens" to them?

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