Giuliani’s Drinking Has Trump Prosecutors’ Attention in Federal Election Case - The New York Times
Their entwined legal peril has turned a matter long whispered about by former City Hall aides, White House advisers and political socialites into an investigative subplot in an unprecedented case.
The office of the special counsel, Jack Smith, has questioned witnesses about Mr. Giuliani’s alcohol consumption as he was advising Mr. Trump, including on election night, according to a person familiar with the matter. Mr. Smith’s investigators have also asked about Mr. Trump’s level of awareness of his lawyer’s drinking as they worked to overturn the election and prevent Joseph R. Biden Jr. from being certified as the 2020 winner at almost any cost. (A spokesman for the special counsel declined to comment.)
The answers to those prompts could complicate any efforts by Mr. Trump’s team to lean on a so-called advice-of-counsel defense, a strategy that could portray him as a client merely taking professional cues from his lawyers. If such guidance came from someone whom Mr. Trump knew to be compromised by alcohol, especially when many others told Mr. Trump definitively that he had lost, his argument could weaken.
In interviews and in testimony to Congress, several people at the White House on election night — the evening when Mr. Giuliani urged Mr. Trump to declare victory despite the results — have said that the former mayor appeared to be drunk, slurring and carrying an odor of alcohol.
“The mayor was definitely intoxicated,” Jason Miller, a top Trump adviser and a veteran of Mr. Giuliani’s 2008 presidential campaign, told the congressional committee investigating the Jan. 6 attack on the Capitol in a deposition early last year. “But I do not know his level of intoxication when he spoke with the president.” (Mr. Giuliani furiously denied this account and condemned Mr. Miller, who had spoken glowingly of him in public, in vicious terms.)
