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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