Trump’s lawyers in their letter Sunday to Judge Kimba Wood said they object to prosecutors’ plan to use a “taint team” to review the files seized through Cohen.
A taint team is usually made up of prosecutors not connected to the case.
They might be responsible for segregating privileged information, which should not be shown to prosecutors inside case, as well as give them the rest as potential evidence against Cohen as well as different people.
“To our knowledge, no court in which Circuit has ever forced a privilege-holder, over his objection, to rely on government lawyers to protect his attorney-client privilege as to materials which were seized through his own lawyer’s office,” wrote Trump’s lawyer, Joanna Hendon.
She also wrote: “inside highly politicized, even fevered, atmosphere which envelops which matter, which is usually simply unreasonable to expect which a team of prosecutors, even if not directly involved inside investigation of Mr. Cohen, could perform a privilege review inside manner necessary to safeguard the important interests of the President, as the holder of the privilege.”
“For the reasons detailed below, the Court should enter an order enjoining the government through proceeding with any review of the seized materials, as well as directing the government to provide a copy of the seized materials to Mr. Cohen doing sure which our firm as well as the President may review for privilege those seized documents which relate to him.”
Hendon asked Wood to enjoin prosecutors through using a taint team to conduct an initial review of the files, order prosecutors to give Cohen a copy of all the materials they seized, as well as then direct Cohen’s legal team to identify all Trump-related files as well as give a copy to the president’s legal team.
Hendon further asked which Wood direct Trump’s legal squad to identify for the taint team all material over which the president claims privilege, as well as allow the taint team to raise any objects to those claims with the judge.
Hendon then wants the taint team to be barred through giving prosecutors inside case any material which ends up being deemed privileged.