WHITE PLAINS, N.Y. (AP) -- Bernard Kerik's lawyer says federal prosecutors have violated his rights in his corruption case by improperly questioning his former lawyer.
Attorney Kenneth Breen asked a judge to consider whether legal action was warranted in light of his claim. Kerik was police commissioner when Rudy Giuliani was mayor and he was recommended to be head of the national Homeland Security Department. He was pleaded not guilty to lying to the White House, filing false income taxes and other charges in a wide-ranging federal indictment.
The judge is also considering whether Breen should be disqualified as Kerik's lawyer because he too could be called to testify.
Prosecutors say Breen knew about false statements Kerik made during an earlier probe into renovations to his Bronx apartment. Kerik pleaded guilty to a misdemeanor charge of accepting an illegal gift. Prosecutors maintain Kerik's statements amounted to obstructing justice and so aren't subject to attorney-client privilege. They have not accused Breen of acting improperly.
Prosecutors have also said they plan to call former Kerik lawyer Joseph Tacopina as a witness to testify about the statements.
Breen said in court papers that prosecutors wrongly questioned Tacopina, breaching Kerik's rights. Breen also said removing him from the case would raise issues of fairness.
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