Calling it now: Rudy is going to serve time.
He's going to avoid testifying at all cost, and will invoke executive privilege - which he can't (see below). He'll refuse to talk, and will go to jail for contempt.
No Executive Privilege for Rudy.
"Congress will no doubt want to hear directly from Giuliani about his role in all of these efforts. Giuliani has already indicated that he may invoke attorney-client privilege to refrain from testifying (because he is acting in a private, rather than official capacity, executive privilege would not apply). But this may be an uphill battle.
The
crime-fraud exception states that the attorney-client privilege cannot be used as a shield for potentially illegal activity. The Supreme Court's decision in
U.S. v. Nixon did not allow the President to use executive privilege to shield potentially illegal conduct in a criminal proceeding. This precedent would likely apply as strongly in the case of a private attorney-client privilege."