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"Vanity Fair" featured Elisabeth Haub School of Law's Distinguished Criminal Justice Fellow Mimi Rocah in “'They’re Clearly Looking Right at Giuliani': The SDNY Takes On Rudy, Its Former Chief"

10/16/2019

"Vanity Fair" featured Elisabeth Haub School of Law's Distinguished Criminal Justice Fellow Mimi Rocah in “'They’re Clearly Looking Right at Giuliani': The SDNY Takes On Rudy, Its Former Chief"

...The most recent entry on Giuliani’s legal resume is personal lawyer to President Donald Trump, a role he commingled with conducting freelance foreign policy, pushing for investigations of Joe and Hunter Biden, and hustling security-consulting business deals with shady Ukrainian figures. Last week the SDNY indicted and arrested two of Giuliani’s associates, Lev Parnas and Igor Fruman, just before they boarded a plane at Dulles Airport. On Monday night the Wall Street Journal reported that SDNY prosecutors have been asking questions about Giuliani since at least August and have been combing his financial records, apparently following the money to see if the $500,000 Giuliani was paid by Parnas’s company, the exquisitely named Fraud Guarantee, originated with a Russian source. “It’s relatively easy to subpoena someone’s bank records,” says Mimi Rocah, a former chief of the SDNY’s organized crime and racketeering unit. “You just need a reasonable belief that the records are going to be relevant to an investigation. Which by no means minimizes how serious this is for Giuliani. They probably don’t need his bank records to round out the case against Parnas and Fruman—they’re clearly looking right at Giuliani, what money he was taking in or paying out.”

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"Vanity Fair" featured Law Professor Mimi Rocah in “Mueller Is Not Going to Go on Rachel Maddow”: The Coming War Over the Special Counsel’s Findings"

09/07/2018

"Vanity Fair" featured Law Professor Mimi Rocah in “Mueller Is Not Going to Go on Rachel Maddow”: The Coming War Over the Special Counsel’s Findings"

Donald Trump has relentlessly attacked the credibility of special counsel Robert Mueller, with Fox News and Rudy Giuliani, the president’s lead lawyer, providing invaluable assistance. The strategy seemed to work extremely well until mid-August, when Paul Manafort was convicted and Michael Cohen pleaded guilty. A Washington Post-ABC News poll last week put approval of Mueller’s investigation at 63 percent. “This president and Mr. Giuliani have done everything they could to discredit the special counsel and undermine the independence of law enforcement in this case,” says Martin Heinrich, a New Mexico Democrat and a member of the Senate Intelligence Committee. “But you can cry ‘fake news’ all you want—when you see people around the president pleading guilty and being convicted, that has a decided impact.”

The real test will come, however, when Mueller finishes his work and submits a final report to Deputy Attorney General Rod Rosenstein, who is not required to release the document—and may well have his own reasons to bury it. Last week, Giuliani gleefully revealed that he is preparing a “counter-report,” and that it is already up to 58 pages. He is also prepared to try to invoke executive privilege as a way of suppressing the special counsel’s findings. Mueller has been resolutely silent, but he cares deeply about the truth being known. So how might he make his work public?

“It’s difficult, because Mueller’s standard is that he is only going to put in his report what he could prove in court. And in a courtroom, Giuliani would get decimated because he just makes stuff up,” says Mimi Rocah, a former federal prosecutor in New York. “But this is going to be argued in the court of public opinion. I’m hoping Mueller has a plan, and he probably does, because he is extremely smart and he has already been far more strategic about the public debate than I think we even realize. You see that in the timing of the indictments and the things he includes in the indictments that point people in certain directions. But Mueller is not going to go on Rachel Maddow. Even though that would be awesome.”

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"Vanity Fair" featured Professor Mimi Rocah in "He Can Find A Way To Release Those Taxes: How Andrew Cuomo and the Empire State Could Terrorize Trump"

08/30/2018

"Vanity Fair" featured Professor Mimi Rocah in "He Can Find A Way To Release Those Taxes: How Andrew Cuomo and the Empire State Could Terrorize Trump"

“The Trump and Cohen cases are really a combination of a financial investigation, a public corruption investigation, and an organized-crime investigation,” says Mimi Rocah, who was a prosecutor in the Southern District for 16 years, rising to become the chief of its organized-crime unit. “And historically those are three of the office’s strongest areas.”

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"Vanity Fair" featured Haub Law Professor Mimi Rocah in “This Is RICO 101”: Why Robert Mueller Isn’t Taking Rudy’s Bait"

05/24/2018

"Vanity Fair" featured Haub Law Professor Mimi Rocah in “This Is RICO 101”: Why Robert Mueller Isn’t Taking Rudy’s Bait"

...“There are serious Department of Justice rules and guidelines about what Mueller can talk about publicly, in regards to an open investigation,” says Mimi Rocah, a former federal prosecutor. “If there were a trial in progress and Giuliani tried to make these statements to poison the well or to influence jurors, a judge could issue sanctions. Giuliani’s getting away with it because there’s no pending court case right now. But it’s equally as problematic, if not more, because the jury pool here is the American public. And whatever else you can say, this whole strategy of calling it a witch hunt and attacking the prosecution is extremely effective with some part of the public.”

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