‘Cohen Redux’: Federal Prosecutors Request Special Master, Setting the Stage Fight with Rudy Giuliani Over Attorney-Client Privilege

A bit more than three years ago, federal police raided the house of then-President Donald Trump’s lawyer and fixer Michael Cohen in a move that led to protracted proceedings in the Southern District of New York scrutinizing topics of attorney-client privilege. Everything old became new again on Tuesday, once an unsealed filing showed that prosecutors plan to chart a similar route to Trump’s sometime lawyer Rudy Giuliani.
The parallels between the two occasions were not lost on national security lawyer Bradley Moss.
“Cohen redux,” he said.
In a five-page memo predicated on Tuesday, prosecutors wrote that”unusually sensitive privilege issues” linked to the case signals the demand for the appointment of a special master to type out those problems.
“In particular, the overt and public nature of these warrants necessitates, as Judge [Kimba] Wood observedthe appointment of a special master for the’perception of fairness, not fairness itself,'” the administration’s brief states, speaking to the presiding judge over Cohen’s discovery battle.
In”light of the parallels” between the 2 cases, the short indicates, the authorities explicitly imagines the process playing similarly to the Cohen matter:

One of the Assistant U.S. Lawyers on the instance is Nicolas Roos, that contended for the authorities on the afternoon Cohen had been sentenced to three years . Cohen was subsequently released to house confinement amid the COVID-19 pandemic.
In yet another rhyming of history, Giuliani–like Cohen–has been stated to have hunted Trump’s funding for his legal defense, the New York Times reported.
The thorniness of these attorney-client privilege problems could be compounded with the fact that prosecutors want the particular master to inspect materials by 2 Trump-linked lawyers: Giuliani and Victoria Toensing, a conservative lawyer and TV character whose electronic devices were also seized.
Toensing represented indicted Ukrainian oligarch Dmytro Firtash, who and Giuliani was reportedly connected to the scheme to gin up political grime on then-candidate Joe Biden, in a scandal that the led to Trump’s initial impeachment.
The government stated that it obtained the warrant for Toensing on April 22 and captured those instruments on April 28, the identical day that the Giuliani warrants were implemented. Politico noted that Toensing isn’t a focus of the research.
Even the FBI agents who implemented those faked”have not been included in this investigation and will not be involved in it going forward,” prosecutors say.
“Technical specialists with the FBI have started to extract materials from the captured apparatus, but the inspection of those materials has not started,” their lawful brief continues.
U.S. District Judge J. Paul Oetken, also a Barack Obama appointee, gave Giuliani and Toensing until May 10 to reply to the authorities, which will react to their own filings a week later.
No public hearings have yet been scheduled.
Giuliani’s lawyer Robert Costello, that attacked prosecutors in a combative public statement for his client, is copied on the administration’s letter.
Specific counsel Robert Mueller later called Costello that a”backchannel” to Giuliani, and Costello later told a reporter that by”friends in high places,” he meant Trump.
Cling to former Southern District of New York prosecutor and CNN senior legal adviser Elie Honig’s analysis of Giuliani’s case on the Law&Crime podcast”Objections.”
(Rudy Giuliani through Rey Del Rio from Getty Images)
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