McKenna on KIRO: What’s Rudy Giuliani really doing?

KIRO 97.3 host Dave Ross asked Rob about Rudy Giuliani’s notable performance as a new member of President Trump’s legal team. He told Ross, “But look, Rudy Giuliani is a deeply experienced criminal prosecutor, a former U.S. Attorney, and it could very well be that he’s crazy like a fox here – that he and his client know exactly what they’re doing in terms of how they want to get information out there and how they want to get out in front of it.”

Dave Ross: “Now explain the difference between being a subject and a target of an investigation.”

Rob McKenna: “The latter’s more serious. That usually is code for, there’s an indictment coming or it may very well be coming. Typically when someone is characterized as a subject, it means they’re in the investigation but not because it’s thought they’re going to be indicted. Not that you can’t go from being a subject to a target, but it is milder.

“And then I think they often use that distinction in order to elicit cooperation from someone. Because once you know you’re a target, you’d be crazy not to always have your lawyer with you, take the Fifth Amendment to avoid self-incrimination, et cetera.

“Whereas if you’re a subject – and there would commonly be more than one subject of an investigation this complex – you might be more willing to cooperate.”

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