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Brad Heath @bradheath
, 20 tweets, 7 min read Read on Twitter
NEW: In a court filing, federal prosecutors in Manhattan confirm that President Trump's personal attorney, Michael Cohen, "is under criminal investigation."
Prosecutors say Cohen "is being investigated for criminal conduct that largely centers on his personal business dealings," and he has "exceedingly few clients" whose privileged communications might have been seized during the FBI's search.
DOJ: Federal magistrate judge authorized a search of Cohen's office, residence, hotel room, safety deposit box and electronics because "there was probable cause to believe that Cohen’s premises and devices contained evidence, fruits and instrumentalities" of federal crimes.
Prosecutors aren't saying which crimes they believe Cohen committed, but the blacked-out portion isn't short.
DOJ confirms that the investigation of Cohen was based on a referral from Mueller's office, but says it has "proceeded independent from the SCO's investigation."
DOJ says it won't share privileged materials from the Cohen search with investigators without consent or court approval.
President Trump's private business has already notified DOJ that it considers "each and every" communication between Cohen and people working for the company to be privileged.
DOJ: It's not clear that Cohen "in his capacity as an attorney has many, or any, attorney-client relationships other than with President Donald Trump."
DOJ uses President Trump's comments that he didn't know about the $130,000 payment to @StormyDaniels to argue that communications on the subject would not be privileged.
DOJ says Cohen "is performing little or no legal work," and he had exchanged *zero* emails with President Trump.
In a nutshell, DOJ says Cohen appeared to have few clients other than President Trump, and didn't communicate with him in ways that would have been revealed in its search, so attorney-client privilege isn't much of an issue.
DOJ says the criminal investigation of Cohen, the president's attorney, is for offenses "which sound in fraud and evidence a lack of truthfulness." (Which it says helps explain the decision to execute a warrant and not just ask for records.)
(That explains its decision to raid his office and hotel room instead of issuing him a grand jury subpoena.)
DOJ also reveals that it had obtained search warrants "on multiple different email accounts maintained by Cohen," and had already reviewed them to identify attorney-client communications.
The Justice Department's filing is here, and our @big_cases bot is following the docket:
Cohen's lawyers appear to be asking a federal court to let *them* review the materials the FBI seized and determine what should be provided to investigators. DOJ thinks this is nuts.
The court has granted President Trump's request to intervene in the challenge to the FBI's search of his personal attorney, who is facing a criminal investigation.
NEW: Michael Cohen's lawyers say in a court filing that records the FBI seized include materials protected by privileges "including but not limited to the privilege attached to attorney-client communications between Mr. Cohen and President Trump."
Cohen's lawyers invoke the Steele dossier, which they say launched a 16-month "arduous journey."
.@usatoday's @big_cases bot is posting the documents:
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