in the georgia investigation here, ricoh is a possible law that prosecutors may look to apply here, racketeering in effect and ironically what giuliani himself used to prosecute members of the mob. tell us what the standard would be for them to indict and establish guilt. racketeering generally means that a person is part of what we call a criminal enterprise. it can be something like a drug trafficking organization, it could be a mafia family. but in this case, it would probably be some variation of a political organization likely around donald trump or around that effort to upset the election. now, you also have to show that person knew of or was engaged in what we call a pattern of racketeering activity, meaning two or more interrelated criminal acts. so in a way it can be a very powerful tool for prosecutors, like you said, rudy giuliani really in fairness pioneered the use of it back in the 80s at the southern district of new york. i tried my best to do it several decades later
mar-a-lago under seal. now, you have described releasing this, up sealing it as a game changer. how so? well, bianna, it is completely unusual to have a document like this unsealed at this early point in the case. if this comes out, we are going to see chapter and verse exactly how doj prosecutors establish probable cause to a judge. this is going to be a long written narrative document, it is going to lay out doj s evidence in a way that doj as a rule never reveals in the early stages or during an ongoing investigation. as a prosecutor, i absolutely would have taken the same position that doj has taken now, which is to reveal this will interfere with our investigation in irreparable ways and by the way, it is not fair to the rights of the accused or the people being investigated for us to issue a detailed statement of why we think they may be guilty, even though we have not charged them yet. another development, lots for folks at home to keep track of, rudy giuliani and his appear
affidavit that lays out the case for the search, pointing to highly sensitive information about witnesses interviewed by the government. we are also learning new details about the attorney general s thinking before the fbi came knocking on trump s door. according to the wall street journal, attorney general merrick garland deliberated for weeks before approving that warrant application. a big question now, will he pursue criminal charges against the former president? plus, another trump ally is under legal pressure. rudy giuliani speaking out after learning prosecutors have named him as a target in their special grand jury investigation in georgia. details on that development in just a moment. there are lots of them. let s begin with katelyn polantz in washington. so, first, walk us through the doj s position on what would be a rare step of making public an affidavit for a search warrant
have not yet heard back. he tried to file a continueance to delay his testimony. this is a significant development, this marks the first time a member of the former president s inner circle has been named as a target of this criminal investigation and we should remind our viewers it was giuliani in the wake of the 2020 election that spoke three times before lawmakers here to spread conspiracy theories and false voter election fraud claims, claims that have since been disproven and last night that rudy giuliani and the first time reacting to this news being a target in this criminal investigation and this is what he had to say. just a further desecration of the sixth amendment. i was his lawyer of record in that case. the statements that i made are either attorney/client privilege because they were between me and him, or they were being made on his behalf in order to defend