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Trump's attorney asks judge to let president vet seized Cohen documents Trump family firm wants ban on release of any correspondence with Cohen
(about 3 hours later)
An attorney for Donald Trump asked a judge on Friday to let the president have a say on which records seized by the FBI from his personal lawyer Michael Cohen should be kept secret from federal prosecutors. Donald Trump’s family business has told the US justice department that it wants a blanket ban on any communications between the Trumps and their attorney Michael Cohen from being disclosed as part of the criminal inquiry into Cohen.
Joanna Hendon, who said she had been hired by Trump late on Wednesday, argued that Trump should be able to object to the disclosure of records relating to his longtime legal representation by Cohen. A court filing published on Friday said the Trump Organization claimed to federal prosecutors in New York that “each and every communication” involving Cohen and Trump executives should be kept secret under attorney-client privilege.
“As a privilege holder he has an acute interest in these proceedings and in the manner that these materials are reviewed,” Hendon said at Manhattan federal court. However, Thomas McKay, an assistant US attorney, said in the filing that Cohen and the Trump Organization had made “inaccurate and/or overbroad” claims of privilege, setting up a new conflict between the president and his justice department.
Documents relating to interactions between attorneys and their clients are typically privileged under law. But an exception can be made if the documents contain evidence of criminal activity. A new attorney for Trump told a federal court earlier on Friday that the president, who resigned from his company after taking office, should be allowed to shield his own communications with Cohen from examination by investigators.
Hendon persuaded Judge Kimba Wood to delay until Monday a hearing where Cohen’s lawyers were to argue for a restraining order temporarily banning authorities from inspecting the records. “As a privilege holder, he has an acute interest in these proceedings and in the manner that these materials are reviewed,” Joanna Hendon said at the federal court in Manhattan.
“He is the president of the United States. These interests are so weighty I think we need more than an afternoon’s adjournment,” Hendon said, after Wood proposed that the court take a short break and reconvene later on Friday. The court was considering a request from Cohen’s attorneys for a restraining order, which would prevent prosecutors from accessing the seized documents until disagreements over what should be sealed are settled.
Prosecutors argued that a so-called “Filter Team” from the justice department should be allowed to check all documents seized by the FBI on Monday during raids on Cohen’s office, home and hotel room, and decide which are privileged.
Interactions between attorneys and their clients are typically privileged under law. But an exception can be made if the documents contain evidence of criminal activity.
McKay confirmed in the filing on Friday that Cohen “is being investigated for criminal conduct that largely centers on his personal business dealings”. He revealed that Cohen’s emails had secretly been searched and that a safe deposit box belonging to him had also been searched.
FBI agents are believed to have taken documents relating to a payoff to Stephanie Clifford, the pornographic actor known as Stormy Daniels, who alleged she had a sexual encounter with Trump. Records relating to Cohen’s business interests, including his ownership of several taxi firms, are also thought to have been seized.
Hendon, who said she had been hired by Trump late on Wednesday, argued that Trump should be able to object to the disclosure of records relating to his longtime legal representation by Cohen.
Hendon persuaded Judge Kimba Wood to effectively delay until Monday a hearing where Cohen’s lawyers will argue for the restraining order temporarily banning authorities from inspecting the records.
“He is the president of the United States. These interests are so weighty I think we need more than an afternoon’s adjournment,” Hendon said, after Wood proposed that the court take only a short break and reconvene later on Friday.
“This is of most concern to him,” said Hendon. “I think the public is a close second. I think anyone who has hired a lawyer is a close third.”“This is of most concern to him,” said Hendon. “I think the public is a close second. I think anyone who has hired a lawyer is a close third.”
Thomas McKay, an assistant US attorney, told the court that Trump had been “on notice about this search since Monday” and had waited until the last moment to intervene. McKay, the prosecutor, told the court that Trump had been “on notice about this search since Monday” and had waited until the last moment to intervene.
“With respect, his attorney-client privilege is no stronger than anyone who seeks legal advice,” said McKay.“With respect, his attorney-client privilege is no stronger than anyone who seeks legal advice,” said McKay.
FBI agents raided Cohen’s home, office and hotel room on Monday and are believed to have taken records relating to several different strands of investigation. They are reported to have taken documents relating to the payoff to Stephanie Clifford, the pornographic actor known as Stormy Daniels, who alleged that she had a sexual encounter with Trump. Records relating to Cohen’s finances and business interests, including his ownership of several taxi firms, are also thought to have been seized. Cohen’s attorneys are arguing that they should be allowed to review the documents themselves. As a “fall-back option”, they propose that the judge appoint a special master to review the documents.
The court hearing was called due to a dispute over who should be allowed to decide which of the documents are kept secret. Prosecutors from the southern district of New York want a so-called “taint team” from the government to review the documents to determine which of them should be protected under attorney-client privilege. “We think we deserve to know some of the findings from this ongoing investigation,” said Todd Harrison, an attorney for Cohen.
Cohen’s attorneys objected and argued that they should be allowed to review the documents themselves. As a “fall-back option”, they propose that the judge appoint a special master to review the documents. Much of Friday’s hearing ended up focusing on arguments from the media that hearings on the dispute over document disclosure should not be heard in secret. Wood said she had been intending to hold some parts in secret protect the identities and privacy of “innocent people” whose information was scooped up in the raids.
“We think we deserve to know some of the findings from this ongoing investigation,” Todd Harrison, an attorney for Cohen, told the court. Wood was nominated by Bill Clinton to be US attorney general in 1993 before withdrawing after it was discovered that she had hired an undocumented immigrant as a babysitter.
Michael Avenatti, an attorney for Daniels, also stood to ask the judge to allow him to be involved in the discussions on who should have access to the documents seized from Cohen.
“We have every reason to believe that some of the documents relate to my client,” said Avenatti.
Much of Friday’s hearing ended up focusing on arguments from the media that hearings on the dispute over document disclosure should not be heard in secret, which Wood said she had been intending to do in order to protect the identities and privacy of “innocent people” whose information was scooped up in the raids.
An attorney for ABC News argued that authorities could use pseudonyms to protect identities. Lawyers for the New York Times submitted a letter to the judge asking that the press be allowed to object to any arguments in the case taking place privately.An attorney for ABC News argued that authorities could use pseudonyms to protect identities. Lawyers for the New York Times submitted a letter to the judge asking that the press be allowed to object to any arguments in the case taking place privately.
The court was due to reconvene on Friday afternoon to discuss how much of the case should be open to the press and public. Attorneys for Cohen have requested to have the entire proceedings sealed and kept private.The court was due to reconvene on Friday afternoon to discuss how much of the case should be open to the press and public. Attorneys for Cohen have requested to have the entire proceedings sealed and kept private.
Hendon said Trump was entitled to have a say in order to ensure the “appearance of fairness”. On the question of who should review the documents, she said “prosecutors who are trained to root out crimes” would not be her first choice. Hendon said Trump was entitled to have a say in order to ensure the “appearance of fairness”.
“I’m not trying to delay anything, nor do I see any particular rush here,” said Hendon. “The searches have been executed and the evidence has been locked down.”
Hendon said that “given the interest at stake and the exceptional nature of my client” it was important for everyone that the process be done “scrupulously, so that it is not subject to taint complaints later, and so that it withstands scrutiny for all time”.Hendon said that “given the interest at stake and the exceptional nature of my client” it was important for everyone that the process be done “scrupulously, so that it is not subject to taint complaints later, and so that it withstands scrutiny for all time”.
“The privilege belongs to the privilege holder not the lawyer,” said Hendon. “The client can waive the privilege, the lawyer cannot.”“The privilege belongs to the privilege holder not the lawyer,” said Hendon. “The client can waive the privilege, the lawyer cannot.”
Trump-Russia investigationTrump-Russia investigation
Donald TrumpDonald Trump
New YorkNew York
US crimeUS crime
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