Profile picture
Adam Klasfeld @KlasfeldReports
, 45 tweets, 7 min read Read on Twitter
Good morning from New York.

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
General bustle in the courtroom right now.

U.S. District Judge Kimba Wood has not yet taken the bench.
Judge Wood on sealing:

"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."
Judge Wood proposes an adjournment to read the government's (sealed) letter.

AUSA Tom McKay wants it to be a short recess - about an hour - and that he is prepared to argue in open court.
AUSA McKay: "We're comfortable having this proceeding in open court and answering as many of the court's questions as we can."

Wood says that she will make today's hearing "as public as it can be."
Trump's attorney takes the podium, saying the president has "an acute interest in these proceedings."
Trump atty: "I conveyed my concern about the use of a taint team."

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."
Noting "He is the president of the United States," Trump's attorney says: "These concerns are so weighty.

"There's an appearance of fairness problem here," she said.
AUSA McKay rejects Hendon's argument that Trump deserves special weight.

"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.
Trump and Cohen's attorneys appear to have won this controversy.

Wood: "I propose that we resume on Monday"
AUSA McKay rejects the notion that the government is responsible for the rush.

"This is a TRO brought by Mr. Cohen, not by the government," he noted.

Monday's hearing will be at 2 p.m.
The attorneys are now at sidebar with Judge Wood.
Just a recap at what's at issue: Cohen's attorney Todd Harrison wants a "first cut" at identifying documents relevant to the investigation or subject to privilege.

Alternately, he wants a neutral special master.

Trump's attorney Joanna Hendon just wants more time to catch up.
To be clear: Even though another hearing has been scheduled for Monday, today's proceeds remain ongoing with attorneys still at sidebar.
Judge Wood: "I believe it is possible that a transcript of what [happened] at sidebar can be made public."

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."
Stormy Daniels' @MichaelAvenatti takes the podium:

"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.
Fired that off too quickly and missed two words:

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.
Adjourned until 2 p.m.
This is a developing story on this morning's proceedings, with much more to come later today.…
We have a docket number on the case: 1:18-mj-03161.

No filings there yet.
The afternoon hearing has begun.

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.
Cohen's attorney Todd Harrison requested a sidebar.

AUSA McKay said there was "no basis" for Harrison to request sidebar.

Judge Wood rejects the request.

He has to speak in open court.
Wood notes that @MichaelAvenatti, a Los Angeles-based attorney, is not admitted in SDNY, but the judge allows him to be heard here.
(Reminder: Avenatti represents Stormy Daniels.)
Cohen's attorney Todd Harrison wants to shield the identities of other clients in the seized trove.

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.
McKay says that the citation is very different.

"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.
Harrison asserted that there are "thousands" of privileged documents, though he said he doesn't have access to them.

Wood: I'm asking the basis for your contention that there are thousands and thousands.

Harrison: Discussions among the defense team about the case.
A skeptical Judge Wood presses Harrison on that claim, skewering him for making such an estimate as "an officer of the court."

"I'm going to want to note your basis for that," she said.
Another adjournment till 4 p.m.

Fresh on the docket: The prosecutions' 22-page opposition to Michael Cohen's request for a temporary restraining order.…
Notable: It's signed by SDNY's deputy U.S. Attorney Robert Khuzami, confirming reports that he took the case after George Berman recused.

My background on Khuzami.…
To shield "potentially innocent individuals" she cited earlier today, Judge Wood mentioned the possibility of using pseudonyms.

Will Stormy Daniels get yet another moniker?
Looping back to a detail that I missed earlier.

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.
We're back.

Judge Wood orders the sidebar unsealed "immediately."
Wood revisits claim that there are "thousands" of privileged docs at issue.

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."
Wood orders Cohen to be present on Monday at 2 p.m.
AUSA Thomas McKay protests the delay that Cohen's attorney wants to impose.

"Every day that goes by is a day that we're lawfully allowed to review this evidence," he said.
Under Second Circuit precedent, McKay says, a temporary restraining order is an "extraordinary and drastic remedy."

"We respectfully submit that the report should conclude right now that the defense did not meet that burden," he said.
McKay: "This has clearly been a delay tactic from the outset."

The prosecutor agrees that the court could consider Trump's privilege interest on Monday, but not Cohen's.
Judge Wood says there's no attorney-client privilege over the identities of Cohen's clients.

"It's quite clear under Second Circuit law that the identity of the client is not privileged," she said.
As is his wont, Newsday's @JRiley8832 speaks up and demands more transparency on the docket again.

Follow him for the details.

Look out for my story update later, and have a great weekend. See you again on Monday!
Not a surprise given today's hearing, but now it's formally ordered and docketed:

Judge Wood grants Trump's motion to intervene in the case.
Jargon explanation: Trump is not a party to Michael Cohen's lawsuit against the U.S. government, but he claims that he has an interest in the litigation through attorney-client privilege.

That's why he made a motion to become an "intervenor," which was granted here.
A new minute entry on the docket: "Counsel for intervenor President Donald J. Trump shall file a letter on or before Sunday, April 15, 2018 by 9:00pm." (cont'd)
"Counsel for movant Michael D. Cohen shall file a letter substantiating factual claims in support of his position on unsealing by 10:00am on Monday, April 16, 2018."

Also notes arguments schedule same day.

No attached document.
Final update for the day, with developments from the unsealed documents and the afternoon proceedings:…

See you back for another live-tweetstorm on Monday.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Adam Klasfeld
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member and get exclusive features!

Premium member ($3.00/month or $30.00/year)

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!