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‘Cohen Redux’: Federal Prosecutors Request Special Master, Setting the Stage to Fight Rudy Giuliani Over Attorney-Client Privilege

A little more than three years ago, federal authorities raided the home of then-President Donald Trump’s lawyer and fixer Michael Cohen in a move that resulted in protracted proceedings in the Southern District of New York scrutinizing issues of attorney-client privilege. Everything became new again on Tuesday, when an unsealed filing revealed that prosecutors plan to chart a similar class for Trump’s sometime lawyer Rudy Giuliani.
The contrasts between the two events weren’t dropped on national security lawyer Bradley Moss.

Cohen redux
— Bradley P. Moss (@BradMossEsq) May 4, 2021

At an five-page memo unsealed on Tuesday, prosecutors wrote that”unusually sensitive intricacies issues” tied to the case signals the demand for the appointment of a special master to sort out those problems.
“In particular, the public nature of those warrants demands, as Judge [Kimba] Wood discovered , the appointment of a special master for its’perception of equity, not equity itself,'” the government’s brief states, referring to the presiding judge over Cohen’s discovery battle.
At”light of the parallels” between the two instances, the short signals, the authorities specifically envisions the process playing out equally to the Cohen thing:

Among the Assistant U.S. Attorneys on the situation is Nicolas Roos, that contended for the authorities on the day Cohen has been sentenced to 3 years in prison. Cohen was later released to home confinement amid the COVID-19 pandemic.
In yet another rhyming of history, Giuliani–such as Cohen–was said to have hunted Trump’s funding for his legal defense,” the New York Times reported.
The thorniness of this attorney-client privilege issues might be compounded by the fact that prosecutors want the special master to scrutinize materials by two Trump-linked attorneys: Giuliani and Victoria Toensing, a conservative attorney and TV character whose electronic devices were also seized.
Toensing represented indicted Ukrainian oligarch Dmytro Firtash, who and Giuliani was reportedly linked to the scheme to gin political dirt on then-candidate Joe Biden, in a scandal that the led to Trump’s first impeachment.
The authorities said that it got the warrant for Toensing on April 22 and captured those instruments on April 28, the identical day that the Giuliani warrants were executed. Politico noted that Toensing isn’t a focal point of the research.
The FBI agents who executed those faked”have not been included in this evaluation and won’t be involved in it moving ahead,” prosecutors say.
“Technical specialists together with the FBI have begun to extract substances from the captured devices, but the inspection of those materials hasn’t begun,” their legal brief continues.
U.S. District Judge J. Paul Oetken, a Barack Obama appointee, gave Giuliani and Toensing until May 10 to reply to the authorities, which will react to their own filings weekly later.
No public hearings have been scheduled.
Giuliani’s lawyer Robert Costello, that assaulted prosecutors in a combative public announcement for his client, is replicated about the government’s letter.
Specific counsel Robert Mueller afterwards called Costello a”backchannel” to Giuliani, and Costello afterwards told a reporter that by”friends in high places,” he meant Trump.
Agree to preceding Southern District of New York prosecutor along with CNN senior legal analyst Elie Honig’s analysis of Giuliani’s case about the Law&Crime podcast”Objections.”

(Rudy Giuliani via Rey Del Rio in Getty Images)The article’Cohen Redux’: Federal Prosecutors Request Special Master, Setting the Stage for Fight Rudy Giuliani Over Attorney-Client Privilege first emerged Law & Crime.