According to reports, Trump's attorney Michael Cohen will be seeking a temporary restraining order this morning preventing the government from using the materials obtained during the raid on his home and office.
Will cover it here at 10:30 a.m. EST
U.S. District Judge Kimba Wood has not yet taken the bench.
"The compelling interest is here protecting the ongoing criminal investigation as well as the attorney-client privilege."
Attorney for the press notes that the investigation is already public.
"This is as full a courtroom as I've ever been in."
AUSA Tom McKay wants it to be a short recess - about an hour - and that he is prepared to argue in open court.
Wood says that she will make today's hearing "as public as it can be."
She argues to pause proceedings for at least a week to read Cohen's + the govt's filings.
"Giving me two hours so that I can get up to speed before your honor makes very important decisions is simply inadequate."
"There's an appearance of fairness problem here," she said.
"His attorney client privilege is no stronger than any other person who seeks legal advice," he said.
Cohen's attorney also wants a longer delay than the two hours proposed by the prosecution.
Wood: "I propose that we resume on Monday"
"This is a TRO brought by Mr. Cohen, not by the government," he noted.
Monday's hearing will be at 2 p.m.
Alternately, he wants a neutral special master.
Trump's attorney Joanna Hendon just wants more time to catch up.
She wants the parties to brief her secretly if they oppose; Newsday's John Riley objects to opacity.
Judge to @JRiley8832: "I have enjoyed your objections in the past."
"We have every reason to believe" that some of the documents that the FBI relate to "my client."
He also wants an opportunity to be heard at 2 p.m. today.
Stormy Daniels' [attorney] @MichaelAvenatti takes the podium: "We have every reason to believe" that some of the documents that the FBI [seized] relate to "my client." He also wants an opportunity to be heard at 2 p.m. today.
No filings there yet.
Returning to the bench, Judge Wood asks the parties to review the transcript from this morning's sidebar to see whether it can be publicly released.
AUSA McKay said there was "no basis" for Harrison to request sidebar.
Judge Wood rejects the request.
He has to speak in open court.
Harrison cites one SDNY opinion in the case of Elliott Associates LP v. Republic of Peru on that subject.
His other citations are state precedents.
"What they're trying to do right now is use attorney-client privilege as a sword" to prevent the government from reviewing evidence obtained via a lawful search warrant.
"You can't use privilege as a sword and a shield," he adds.
Wood: I'm asking the basis for your contention that there are thousands and thousands.
Harrison: Discussions among the defense team about the case.
"I'm going to want to note your basis for that," she said.
Fresh on the docket: The prosecutions' 22-page opposition to Michael Cohen's request for a temporary restraining order.
My background on Khuzami. courthousenews.com/ex-sec-chief-b…
Will Stormy Daniels get yet another moniker?
Judge Wood seemed miffed that Michael Cohen was not in court.
"Your inability to answer these questions suggest to me that your client Mr. Cohen should be in court with you next time," she told Harrison.
Judge Wood orders the sidebar unsealed "immediately."
Harrison defends estimate based on two categories of docs: Cohen + his clients and Cohen + his attorneys.
"Based on that, we're fairly confident that there are thousands of privileged communications."
"Every day that goes by is a day that we're lawfully allowed to review this evidence," he said.
"We respectfully submit that the report should conclude right now that the defense did not meet that burden," he said.
The prosecutor agrees that the court could consider Trump's privilege interest on Monday, but not Cohen's.
"It's quite clear under Second Circuit law that the identity of the client is not privileged," she said.
Follow him for the details.
Look out for my story update later, and have a great weekend. See you again on Monday!
Judge Wood grants Trump's motion to intervene in the case.
That's why he made a motion to become an "intervenor," which was granted here.
Also notes arguments schedule same day.
No attached document.