Donald Trump Indictment Claim Sparks Speculation Rudy Giuliani Flipped

Former President Donald Trump's claim that he expects to be indicted in the Department of Justice (DOJ) investigation into the January 6, 2021, riot sparked speculation that his longtime ally Rudy Giuliani may have flipped on him.

Trump wrote in a statement posted to Truth Social Tuesday morning that he received a letter from DOJ Counsel Jack Smith that he is the target of the investigation into Jan. 6, which saw a mob of his supporters, allegedly motivated by his unfounded claims of voter fraud, riot at the U.S. Capitol to block President Joe Biden's electoral college victory certification. The former president has maintained his innocence in the case, arguing that prosecutors are targeting him for political purposes, such as weakening his stance in the 2024 presidential race.

Meanwhile, CNN correspondent Paula Reid tweeted that Giuliani's attorneys said he "has NOT received a target letter in 1/6 probe" following a "voluntary" interview with the special counsel in late June—prompting some legal experts to speculate that he may have flipped on him.

Despite social media speculation, Giuliani's attorneys have not confirmed whether he is cooperating with prosecutors in the case. Legal analysts told Newsweek there are several reasons Giuliani may have not received a target letter, and that it is too speculative to say whether he turned on the former president.

As Trump's lawyer, Giuliani helped push Trump's unfounded claims that the 2020 presidential election was stolen from him via widespread voter fraud after his loss to President Joe Biden. He also allegedly oversaw efforts to install false slates of pro-Trump electors to the Electoral College from battleground states the former president narrowly lost.

Former federal prosecutor Neama Rahmani told Newsweek on Tuesday that his not receiving a target letter does not necessarily mean Giuliani flipped on Trump. Prosecutors are not required to send these letters, though Smith "seems to like" doing so.

"Legally, it's not a requirement before anyone's prosecuted," he said during a telephone interview Tuesday afternoon. "He could either not be charged at all, could be a cooperating witness, he could be charged later."

He pointed out that it remained unreported whether Trump aide Walter Naida, who was charged in the DOJ's classified documents case, received a target letter.

Still, he said it is possible that Giuliani could flip on Trump, pointing to likely charges of conspiracy he could face. He said that if someone has the opportunity to cooperate and stay out of an indictment, it is "usually in their best interest to do so."

Newsweek reached out to Aidala, Bertuna & Kamins, the law firm that has represented Giuliani in recent years, as well as Trump's campaign for comment via email.

Dave Aronberg, the state attorney for Palm Beach County in Florida, also told Newsweek in a statement that it remains unknown whether Giuliani is working with Smith.

"I think the Feds are still considering Rudy's proffer and whether to indict him for his actions. I don't necessarily think he has already cut a deal with Jack Smith," he wrote.

Former federal prosecutor Shanlon Wu told Newsweek in a phone interview that too much emphasis has been placed on the possibility that Giuliani may have flipped, pointing to two more reasons he may have not received a letter from the DOJ.

First, Giuliani may have convinced prosecutors during his interview last month that he is not criminally liable with his testimony. He said providing the DOJ with truthful, cooperative testimony does not equate to having a deal with prosecutors.

Second, the DOJ could still be assessing whether Giuliani is criminally liable in the case. He said that even if Trump is indicted in the coming weeks, prosecutors could later amend it if they determine he is liable.

"We just don't know yet what his status will be," Wu said. "It doesn't mean that if no one else has one that no one else will be charged. It doesn't mean they must've entered into agreement. It's just too early to tell."

Still, other legal experts speculated about the potential of Giuliani flipping.

"Sounds like Rudy flipped to some degree," tweeted national security attorney Bradley P. Moss.

"He is probably a co-operating witness and will plea to an information at a later date," tweeted Manhattan attorney Morton Minsley.

Trump wrote in his statement that Smith gave him a deadline to testify before the grand jury. Rahmani said it is unlikely Trump will testify, as doing so is "always a bad idea."

"Deranged Jack Smith, the prosecutor with Joe Biden's DOJ, sent a letter (again, it was Sunday night!) stating that I am a TARGET of the January 6th Grand Jury investigation, and giving me a very short 4 days to report to the Grand Jury, which almost always means an Arrest and Indictment," Trump wrote.

A DOJ spokesperson declined to comment on Trump's post when reached by Newsweek Tuesday morning.