The Atlanta Journal-Constitution

What does it mean that the FBI got a search warrant?

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It means that a federal magistrate judge looked at the informatio­n investigat­ors had already gathered and agreed that Cohen probably possessed additional evidence of a federal crime.

Notably, investigat­ors also could have used a grand jury subpoena to order Cohen to turn over the materials they were pursuing, without seeking a judge’s permission. A subpoena would have permitted Cohen to decide for himself which of his files to turn over and which to withhold as irrelevant or falling within a valid claim of lawyer-client privilege. By contrast, when law enforcemen­t officials execute a search warrant, the government goes in and seizes a broader set of materials — like hard drives and the contents of filing cabinets — then sorts through them itself.

Although it is unusual for the Justice Department to seek a lawyer’s materials, the U.S. attorneys’ manual contains procedures for how to get both subpoenas and search warrants in such cases. It tells investigat­ors to exhaust all other ways of obtaining evidence first “to avoid impinging on valid attorney-client relationsh­ips.” It also encourages them to use a subpoena if possible. But it also acknowledg­es that sometimes a search warrant may be justified, even though it is more intrusive, such as if there is reason to believe the recipient would destroy the evidence rather than turn it over.

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