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

A bit more than three years ago, federal authorities raided the home of then-President Donald Trump’s attorney and fixer Michael Cohen in a move that led to protracted proceedings in the Southern District of New York inspecting topics of attorney-client privilege. Everything old became new again on Tuesday, once an unsealed filing revealed that prosecutors intend to chart a similar class for Trump’s sometime attorney Rudy Giuliani.
The contrasts between the two events were not dropped on national security attorney Bradley Moss.

Cohen redux https://t.co/BN9EDKDDJ0

“Cohen redux,” he said.
In an five-page memo unsealed on Tuesday, prosecutors wrote that”remarkably sensitive intricacies issues” tied into the situation signals the need for the appointment of a special master to sort out those issues.
“In particular, the public nature of those warrants necessitates, as Judge [Kimba] Wood discovered , the appointment of a special master for its’perception of equity, not equity itself,'” the administration’s brief states, speaking to the presiding judge over Cohen’s detection battle.
In”light of the parallels” between the two instances, the short indicates, the government explicitly envisions the process playing similarly to the Cohen thing:

Among the Assistant U.S. Lawyers on the situation is Nicolas Roos, that argued for the government on the afternoon Cohen has been sentenced to three years in prison. Cohen was subsequently released to home confinement amid the COVID-19 pandemic.
In yet another rhyming of history, Giuliani–like Cohen–has been said to have hunted Trump’s funds for his legal defense,” the New York Times reported.
The thorniness of the attorney-client privilege issues might be compounded with the fact that prosecutors want the special master to inspect materials by two Trump-linked attorneys: Giuliani and Victoria Toensing, a conservative lawyer and TV personality whose digital devices were seized.
Toensing represented indicted Ukrainian oligarch Dmytro Firtash, who combined with Giuliani was reportedly connected to the strategy to gin political grime on then-candidate Joe Biden, in a scandal the led to Trump’s first impeachment.
The government said that it got the warrant for Toensing on April 22 and seized those instruments on April 28, the same day the Giuliani warrants were executed. Politico noted that Toensing is not a focal point of the research.
The FBI agents who executed those faked”haven’t been included in this evaluation and won’t be involved with it moving forward,” prosecutors say.
“Technical experts with the FBI have started to extract materials from the seized devices, but the inspection of those materials hasn’t started,” their lawful brief continues.
U.S. District Judge J. Paul Oetken, a Barack Obama appointee, gave Giuliani and Toensing till May 10 to reply to the government, which will react to their filings a week afterwards.
No public hearings have yet been scheduled.
Giuliani’s attorney Robert Costello, that assaulted prosecutors in a combative public announcement because of his customer, is replicated about the administration’s letter.
Particular counsel Robert Mueller afterwards called Costello a”backchannel” into Giuliani, and Costello afterwards told a reporter who by”friends in high places,” he intended Trump.
Listen to preceding Southern District of New York prosecutor along with CNN senior legal analyst Elie Honig’s analysis of Giuliani’s situation about the Law&Crime tradition”Objections.”

(Rudy Giuliani through Rey Del Rio in Getty Images)The article’Cohen Redux’: Federal Prosecutors Request Specific Master, Setting the Stage for Fight with Rudy Giuliani Over Attorney-Client Privilege first appeared Law & Crime.