Special Master Finishes Privilege Review of Cohen Material
Bracewell partner Barbara Jones said nearly 7,150 items were found to be privileged among the millions seized by the government in April.
August 17, 2018 at 03:50 PM
2 minute read
The original version of this story was published on New York Law Journal
A special master has finished reviewing millions of items seized from Michael Cohen's home and offices in April, allowing the government to begin moving forward in their case against President Donald Trump's former attorney.
In a letter to the court, former Manhattan federal judge and current Bracewell partner Barbara Jones said she found nearly 7,150 items to be privileged, while 285 were highly personal in nature. These items were excluded from the more than 3.2 million that were handed over to federal prosecutors in the U.S. Attorney's Office for the Southern District of New York during the months-long process.
Jones noted that 57 items were found to be not privileged but that designation was objected to by either Cohen, or the intervenors in the matter, the Trump Organization and the president himself. Despite these objections, none of the parties decided to go through with the process that would have required bringing those objections before U.S. District Judge Kimba Wood of the Southern District of New York in open court.
One outstanding item remained on Jones' list: An encrypted BlackBerry device, which had previously been identified as likely belonging to Cohen's wife. Jones suggested to the court that a government “filter” team be used to handle whatever the government ends up pulling from the phone.
A spokeswoman for Cohen's attorney, Lanny Davis, said he was unable to comment on advice of counsel since there is an ongoing investigation.
In a follow-up filing, Wood gave the parties until 5 p.m. Friday to file any objections they may have outstanding, signaling the likely closing of the process Cohen kicked off shortly after the government executed its search warrant in April. According to reports, Cohen is being investigated for potential violations of campaign-finance laws, as well as possible tax fraud, bank fraud and illegal lobbying.
A spokesman for the U.S. Attorney's Office declined to comment on the special master's process.
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