Federal judge weighs outside review
NEW YORK» A federal judge signaled Monday that she is unlikely to grant President Donald Trump’s request to let him unilaterally determine what material seized last week from his personal lawyer is privileged, but she indicated that she may appoint an outside attorney to assess the records in an effort to carefully navigate the high-stakes case.
The investigation of Cohen — which has pitted the president against his own Justice Department — took another unexpected turn Monday with the courtroom revelation that one of Cohen’s legal clients was Fox News commentator Sean Hannity.
The connection between the two men inserted another highprofile, polarizing Trump ally into the drama surrounding the criminal investigation of the president’s longtime lawyer.
The legal showdown began last week when FBI agents searched Cohen’s office, home, hotel room and safe-deposit box, seizing records and documents as part of a probe by federal prosecutors in New York into possible bank fraud and wire fraud.
Lawyers for Cohen and Trump have argued that the seizure could lead to violations of attorney-client privilege.
At a hearing Monday before U.S. District Court Judge Kimba Wood, federal prosecutors sparred with lawyers for Cohen and a lawyer for Trump, who Sunday night asked the judge to let the president review the seized material before investigators go through it.
Last week, Cohen’s attorneys asked to review the documents, or have a court-appointed special master do so, to determine what material is protected by attorneyclient privilege.
The judge did not make a decision but said she was considering appointing a special master — not because of legal precedent but in the interest of avoiding the appearance of bias in the politically charged case. Wood said she wanted more information before ruling.
“I have faith in the Southern District U.S. Attorney’s Office that their integrity is unimpeachable,” she said.
But she added that to address concerns about “fairness” raised by Trump and Cohen’s attorneys, “a special master might have a role here. Maybe not the complete role, but some role.”
Assistant U.S. Attorney Thomas McKay urged the judge to reject the requests from the president and Cohen.
“Just because he has a powerful client doesn’t mean he should get special treatment,” said McKay, who warned that if the judge gives them an inch, “they’re going to take a mile.”
Trump attorney Joanna Hendon told the judge that the president “is objecting to anyone other than himself making the initial determination of privilege,” urging caution over haste.
“This is an extraordinary case,” she said. “There’s tremendous risk that privileged material could not be recognized as such.”