Rudy Giuliani (Photo by Rob Kim/Getty)
Yesterday, Rudy Giuliani proclaimed confidence that Paul Manafort would never flip on Donald Trump because the two had a joint defense agreement pledging eternal loyalty to each other.
This morning, Paul Manafort will plead guilty.
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Like most of his representation so far, Giuliani banked on the media — Politico to be precise — lacking the criminal law expertise to sniff out the BS in his posturing. A joint defense agreement allows defendants (or potential defendants) to share otherwise privileged information without breaking privilege. It does not, as Giuliani hoped people might think, signal an undying blood oath.
The problem with a joint defense agreement is that it’s a powerful tool of cooperation… right up until it isn’t. Having walked into a meeting with a joint defense agreement and walked out having stabbed co-defendants in the back myself, I laughed when I saw Giuliani peddling this tripe. Maybe Manafort’s plea deal is simply a “convenience of avoiding trial” settlement, but if he’s actually flipping on the chief executive it wouldn’t be a shock.
Perhaps he’s just pleading guilty to avoid another rehash of his ostrich feather jacket and to start the ball rolling on his inevitable pardon. That would be Giuliani’s best case scenario. But don’t buy into the idea that this joint defense agreement is what’s keeping Manafort in line. Those aren’t worth the paper they’re printed on.
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UPDATE: …and Manafort has officially flipped. So much for that agreement.
Giuliani Confirms Trump and Manafort Have Joint Defense Agreement for Mueller Probe, Share Confidential Information [Law and Crime]
Manafort plans to plead guilty to second set of charges [Washington Post]
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.