“He’s willing to talk about anything that is not privileged,” Mr. Costello said. “The only sticking point we’ve had is recording the interview. Now, that tells me they’re more interested in keeping things secret than getting to the so-called truth. If you’re interested in the person’s testimony, why would you not agree to this?”
Mr. Costello said that Mr. Giuliani’s testimony was not yet off the table, and that he would continue to negotiate with the panel’s lawyers. He said that Mr. Giuliani, a former New York mayor, “simply doesn’t trust” members of the committee, specifically Representative Adam B. Schiff, Democrat of California, and believes that they will selectively edit his testimony.
“If they changed their mind and they said, ‘Listen, we’ll jointly record the interview,’ then we would participate,” Mr. Costello said.
Tim Mulvey, a spokesman for the committee, said the panel would consider enforcement actions against Mr. Giuliani if he does not change course and comply with the committee’s subpoena.
“Mr. Giuliani had agreed to participate in a transcribed interview with the select committee. Today, he informed committee investigators that he wouldn’t show up unless he was permitted to record the interview, which was never an agreed-upon condition,” Mr. Mulvey said. “Mr. Giuliani is an important witness to the conspiracy to overthrow the government, and he remains under subpoena. If he refuses to comply, the committee will consider all enforcement options.”