Thread by @ambiej

This morning we had Trump’s lawyers, Michael Cohen’s lawyers, Stormy Daniels’ lawyer and the US Attorneys Office all in one courtroom! Exciting! Read about it here: buzzfeed.com/amberjamieson/…

Stormy Daniels lawyer Michael Avenatti sat directly behind Cohen’s lawyer and right in front of all the reporters, and had the whole courtroom whispering at his arrival.

Stormy Daniels lawyer kept quiet til right at the end and then asked to be heard this afternoon. “We have every reason to believe some of the documents received relate to my client and privacy issues you speak about,” he told the court.

The true surprise was when a lawyer for Trump, Joanna Hendon, appeared and demanded to also be involved because it’s his client/attorney privilege being discussed.

“This is the president of the United States,” she said. “This is of most concern to him, I think the public is a close second and I think anyone who’s ever hired a lawyer a close third”

Judge Kimba Wood explained best what was happening: “The dispute before the court is who should make the determination between client and attorney privilege”

The Attorneys from the Southern District of New York (SDNY) US Attorney's Office want a “taint team” to examine the evidence seized from Cohen to see if attorney/client privilege applies

(I thought they said “tank team” and had no idea what they were talking about, court reporting is hard guys, support your local court reporters)

Cohen’s team wants a court appointed “special master” to examine it before anyone from the US Attorneys office can

Anyway, Cohen and Trumps attorneys asked for more time, so it’s been adjourned til 2pm Monday. At 2pm today they will discuss whether a sidebar in the court will be made public.

At least, that’s what I THINK is happening, my degrees are in journalism not law and I gotta head back in now and check my phone in.

The 4pm hearing to discuss if a sidebar conversation between the Judge, the US Attorneys Office lawyers and Michael Cohen’s lawyers can be made public was adjourned til 4pm because the judge wants a list of Cohen’s clients since 2006 (when he became Trump’s lawyer)

The US Attorneys Office lawyer argued that Cohen can’t use attorney client privilege “as both a sword and a shield”

(Meaning they say he shouldn’t be able to use it as reason to file a restraining order against the government and when they contest that, use it to not provide evidence)

Judge Kimba Wood demanded Michael Cohen’s lawyer Todd Harrison explain his claim of the govt having “thousands” of documents he says should be covered by attorney client privilege. She repeatedly questioned him on it!

Judge: “how did you get that understanding?”

Cohens lawyer: “discussions among the defense team about the case”

Judge: “who on the defense team said there were thousands?!?...How do you as an officer of the court have basis to tell me there are thousands of documents?”

😬

Cohen’s lawyer then was like: “that’s an approximation... I don’t know the exact number... maybe less than 1000”

The judge again demanded to know the basis for his “thousands” claim.

The judge then said she was adjourning the court and demanded Cohen’s lawyer have a list of all Cohen’s clients between 2006-2017 when court is back at 4pm.

“I need more time” he replied.

The judge replied: “I believe you can [do it by 4pm], so I want you to try”

Oh! And when Michael Cohen’s lawyers struggled to say how many clients Cohen had had since 2006, Judge Kimba Wood replied: “your inability to answer these questions indicates Mr Cohen should be in court next time to answer factual questions”

! Will he be here at 4pm?! Stay tuned

(He probably won’t be, but might be at the Monday 2pm heading)

Just out of 4pm hearing where Michael Cohen is tying to get a temporary restraining order on the governments investigation into items seized from his home and office. No decision yet made on TRO, adjourned til Monday, but an earlier sidebar convo from this morn will be released.

Judge Kimba Woods had asked Cohen’s lawyer Todd Harrison for two things this afternoon: 1. His reason for claiming “thousands and thousands” of privileged documents were seized and 2. A list of Cohen’s client names

Harrison said his claim re “thousands” of privileged documents released was based on discussions between Cohen and clients AND Cohen and his own lawyers.

“He’s involved in a number of legal issues right now,” said Harrison.

👀

Cohen’s lawyer also noted that they weren’t sure how many years back the seized documents went, and that Cohen has been a lawyer for decades, so like probably thousands of docs.

Here’s Cohen’s lawyer, Todd Harrison, as he left the court house today (didn’t stop to speak to reporters)

Harrison WASN’T able to provide the court w a list of Cohen’s other clients names

(remember, he’d asked for more time at the 2pm hearing today and the judge replied “I believe you can, so I want you to try)

Harrison said he couldn’t get all of Cohen’s clients because some were individual clients, some from his time at a law firm and they were still trying to figure out who counted.

“I know the court wants us to respond w specificity,” he said.

Judge gave him til 10am Monday

Judge asked if Harrison will have access to his client Michael Cohen over the weekend.

“I believe I’ll have access to him,” he replied.

😬

Trump’s lawyers (here they are leaving the court house this afternoon!) have until 9pm on Sunday to file their argument

So the US Attorneys Office lawyers argued that when Cohen’s lawyers present his client list on Monday morning, they also have to prove a client-attorney relationship, not just the names (aka evidence of a retainer)

“We’re concerned whatever list is presented on Monday will be difficult to substantiate,” argued Thomas McKay from US Attorneys Office.

The US Attorneys office lawyer also explained how a “taint team” (what a bizarre term) works to establish what documents seized from Cohen are protected by attorney-client privilege.

So first: all the seized documents are put into a searchable electronic database (how great is technology). Then, client and attorney names are searched and are deemed privileged. If the email has been cced to someone else, it’s not privileged. However...

If the taint team determines that a privileged communication should lose its privileged status (they didn’t say evidence of a crime but that’s an example) then they present it to the defense team, who can object. If they do, then a court determines if it can be used or not.

The US Attorneys Office lawyer tried to argue Cohen’s motion to get a temporary restraining order against the govt should be immediately squashed cause it had “clearly been a delay tactic from the outset.”

“They [Michael Cohen and his legal team] put themselves in this situation... and now they’re delaying the government’s investigation,” said US Assistant Attorney Thomas McKay.

Oh! And the judge also said Michael Cohen has to be in the courtroom on Monday. “I’m directing he be here at counsel’s table with you at 2pm” she declared.

OK I think that’s all I have, ty for your support and apologies to everyone I have defamed and legal terms I got wrong. Stay tuned for Monday 2pm when Michael Cohen’s motion for a restraining order against the government over his seized documents may or may not be decided.