In was April when the FBI raided Michael Cohen’s home and office to confiscate documents. Because Cohen is an attorney, there is an obvious issue about whether the documents siezed were protected by attorney/client privledge.
SNL did a skit on the potential for the existence of an attorney/criminal privledge.
Barbara Jones, a retired federal judge, was appointed as the special master to oversee the review of the documents siezed from Cohen’s offices. Jones has announced her decision revarding the review of the first 300,000 documents that she has reviewed. Judge Jones determined that just 162 pages of documents were privileged. She disagreed with Cohen, Trump, and the Trump Organization on three, and they did not object to her ruling. Jones later amended her ruling to place one of those 162 documents under her further consideration. Interestingly, most of the documents that were ruled to be protected by attorney/client privledge were communications between Cohen and HIS attorney, rather than documents generated by Cohen acting as the attorney for Trump.
Here is a breakdown of the documents she reviewed:
- 112 of the items are text messages between Cohen and his outside counsel involving legal advice.
- 28 of the items are emails between Cohen and his outside counsel involving legal advice.
- 7 of the items are emails between Cohen and one of his clients involving legal advice.
- 1 of the items is an email where someone asked Cohen to represent them legally.
- 9 of the items are emails where an outside counsel provided a legal memoranda providing legal advice to Cohen or one of his clients.
- 1 of the items is a letter from Cohen’s lawyer containing legal advice.
- 2 of the items are retainer agreements between Cohen and his lawyers, which contained requests for legal advice.
- 1 items is a litigation document containing notes for Cohen’s lawyer.
Many have speculated that Cohen is likely to become a witness against Trump. Cohen’s resignation from the Republican National Committee’s finance committee, may be the beginning of the end.