President Trump’s attorneys want a federal judge to throw out all evidence seized in the raid on his personal attorney Michael Cohen’s home and office last week.
In a letter sent to U.S. District Judge Kimba Wood Sunday, Joanna Hendon said Trump is asking the judge to keep the government from using documents and other evidence seized in the raid because it may violate attorney-client privilege.
“The President objects to the government’s proposal to use a ‘taint team’ of prosecutors from the very Office that is investigating this matter to conduct the initial privilege review of documents seized from the President’s personal attorney, Michael D. Cohen,” Hendon writes. A “taint team” is a team of government lawyers who are not involved in the case that search through evidence to ensure no materials that would violate attorney-client privilege make their way into the case.
“The cases upon which the government relies do not authorize this extraordinary measure, and, to our knowledge, no court in this Circuit has ever forced a privilege-holder, over his objection, to rely on government lawyers to protect his attorney-client privilege as to materials that were seized from his own lawyer’s office.”
“The Court should enter an order enjoining the government from proceeding with any review of the seized materials, and directing the government to provide a copy of the seized materials to Mr. Cohen so that our firm and the President may review for privilege those seized documents that relate to him,” Herndon added.
The raid on Cohen sought communications between the lawyer and his presidential client. Trump has fumed throughout the week that the investigation will violate attorney-client privilege between Cohen and Trump.
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- Discussion
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Trump asks judge to block evidence seized in raid on Michael Cohen's apartment https://t.co/fasMa8js05 pic.twitter.com/CQsNexQ56W
— Washington Examiner (@dcexaminer) April 16, 2018
JUST IN: Trump opposes allowing the government to review materials seized in SDNY search of Michael Cohen properties. pic.twitter.com/jRyMR1y775
— Chris Geidner (@chrisgeidner) April 16, 2018
2/ As a starting point, Cohen’s challenge to the search warrants is extraordinary, and Trump’s intervention into Cohen’s legal action is even more unusual. It’s not clear that Trump has the right to challenge the government’s review of documents seized from Cohen at this stage.
— Renato Mariotti (@renato_mariotti) April 16, 2018
4/ Although searches of lawyer’s offices are unusual, there are established Justice Department procedures for handling them. Those procedures typically include using a taint team. On Friday, Cohen objected to using a taint team and asked to review the documents himself.
— Renato Mariotti (@renato_mariotti) April 16, 2018
6/ If Cohen had the ability to go through the documents and remove documents he didn’t want the prosecution to see, he could abuse that by removing documents that prove his guilt.
— Renato Mariotti (@renato_mariotti) April 16, 2018
8/ Prosecutors typically use that process despite the risk because it’s more efficient and cost-effective for the prosecution. But in this case, they had a reason not to—they believed Cohen would not turn over everything. Using a search warrant takes Cohen out of the process.
— Renato Mariotti (@renato_mariotti) April 16, 2018
10/ Trump is essentially asking the judge for the same thing Cohen is—he wants the right to go through Cohen’s documents and pull out ones he believes are privileged. In a way, that’s even more unusual because the documents aren’t his, although he has an interest in them.
— Renato Mariotti (@renato_mariotti) April 16, 2018
12/ Even if the judge had the power to do that—I’m not sure she does—I highly doubt she will. One thing she may do is appoint a neutral “special master” to review the documents to determine if they’re privileged. That person would be a “taint team” but appointed by the court.
— Renato Mariotti (@renato_mariotti) April 16, 2018
14/ Only communications regarding legal advice are privileged, and even those communications can lose their privilege if they’re furthering a crime.
— Renato Mariotti (@renato_mariotti) April 16, 2018
16/ As a practical matter, a special master won’t make determinations about privilege that will be much different from a “taint team.” Given that these communications were sought by the warrant, I’d expect prosecutors will obtain what they were looking for. /end
— Renato Mariotti (@renato_mariotti) April 16, 2018
SDNY prosecutors say in letter to judge just filed that letting the President review records seized in Cohen raid would set a "dangerous precedent" https://t.co/0MMG7AKZx3 pic.twitter.com/qkl09IcQMl
— Tierney Sneed (@Tierney_Megan) April 16, 2018
To me, this is yet another example of interference and obstruction on Trump’s part. I hope the judge denies both suits from Trump and Cohen.
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