TriggerFinger


Review of Cohen's seized files not going well for prosecution


Legal InsurrectionBased on the wording of the recommendation, it appears that the Special Master upheld the challenges in all but three cases. So Cohen and/or Trump’s claims of privilege were upheld in 162 of 165 challenges.

These recommendations now go to the Judge.

There is a lot we don’t know about the challenges and recommendations. For example, of the 12,543 pages in the eight boxes, we don’t know how many of those pages were consumed by the 14 privileged documents; a document obviously could be a page, or hundreds of pages. As to the two phones and iPad, how many of the 291,770 “items” were system and other non-substantive files, and how many were substantive files; so we don’t know what percentage of the substantive items were privileged.

162 privileged and 10 “Highly Personal” files is very substantial, particularly keeping in mind this is just the first batch of documents reviewed from a much larger group of electronic records.

That means the federal government, but for Cohen’s lawsuit, would have been able to review and potentially use a total of 172 documents that the federal government never should have seen.

Remember, if it's privileged, the government should never have been able to see it at all. A warrant doesn't get around attorney-client privilege, the bar is much higher than that. And if it's not privileged, that doesn't mean it is in any way criminal. It just means the government got a warrant and can legally look at it and use the material.

This entry was published Tue Jun 12 10:34:10 CDT 2018 by TriggerFinger and last updated 2018-06-12 10:34:10.0. [Tweet]

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