If the Senate won’t act, Cy Vance must investigate.
federal and state crimes that cover such surveillance. If there’s a possibility that Giuliani conspired with these three to stalk, surveil, and intimidate Yovanovitch—as the text evidence indicates—New York would have a responsibility to find out.
The third legal step toward a Vance prosecution would be to show whether any conspiracy was overtly advanced in New York City. Indeed, Giuliani met frequently with Parnas and Fruman in New York City. Lev Parnas’ phone records appear to show contacts with Giuliani in New York and Giuliani’s explicit references to meet, “talk and regroup” in New York City. Giuliani has also said that he was in regular direct contact with the president, and phone records show numerous calls to a White House number.
One big advantage of starting a state criminal prosecution for such an extortion conspiracy is that it would clarify to anyone involved that they cannot rely on a presidential pardon from Trump, which would not cover state crimes. There are also no double jeopardy protections blocking federal prosecutors from digging deeper someday even if states have already gone through their own criminal prosecutions.
The biggest downsides of the state process are its slowness and reliance on federal courts for enforcing subpoenas. Giuliani, Parnas, and Fruman are not federal officials and have no claim of executive privilege of their own, and of course they have no other possible immunities for criminal conduct that federal employees might have. While a court fight could be lengthy, it would be difficult for Trump’s lawyers to run out the clock past the election.
Finally, as House impeachment manager Adam Schiff has repeatedly said in Trump’s impeachment trial, “the truth is going to come out” eventually. “More emails are going to come out. More witnesses are going to come forward,” Schiff warned the Senate.
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