well, great question. ordinarily, anna, you have a special master in cases involving attorney-client privilege like the michael cohen case. they raided his office, his residence and so on. of course you re going to get a lot of attorney-client privilege materials there. here what the justice department did, they set up a system where a separate team of lawyers did a privilege review and then any questions were dealt with by the judge who issued the search warrant who is, of course, a third party, he s a part of the judicial branch of government. that review is already done and those attorney-client issues which are limited have already been dealt with. the justice department here i think is probably reacting to the fact that the trump camp is actually seeking a review regarding executive privilege which i have to say from a legal perspective really doesn t make a lot of sense because the executive branch is the branch of government that seized all the documents. so using executive pr
put the documents in his hands, andrea, and there are people who saw him or talked to him while he was doing that and understood what his intent was, all of that could be helpful to the government perhaps, if they bring criminal charges one day. i want to just go back to something that joyce said and carol alluded to. i agree with joyce that the pleading filed by trump s lawyers really argued a bit too much and conceded things that perhaps he didn t want to concede, but here where the department of justice has been under fire and the fbi vilified, it may not be a bad idea, whether it s meritorious or not to have a neutral third party a special master do a privilege review. i don t know that it s necessary legally but i do know that having a neutral third party federal judge for instance with respect to giuliani s search warrant and the hoe ten search
he has motions he can make. this will all be in court. no attorney client privilege information in there. and apparently they re doing a two-step process where they did a seizure warrant to get the phone and a separate warrant to search the phone. lots of opportunity frs him to challenge this warrant and make sure it s all on the up and up. i m sure he will avail himself of all his possible motions. he s already started filing them. so, the courts will sort it out. but it s very, very hard to overcome this determination of probable cause. a judge can review it, but i doesn t take a lot to show probable cause. the likelihood is he will not get his phone back. we may get a privilege review that pulls some of that back like we saw in the michael cohen search warrant. but i think they re going to be able to go through that phone and see what is not legitimately privileged and use that information. we re talking about texts, emails, voice mails, all of the things that might be in that
but, listen, the fbi gets a search warrant from a judge. they have to show probable cause that that phone contains evidence of a federal crime, and it still contains evidence of a federal crime, not that it did back in late 2021 or late 2020 but that it does today. that can be evaluated. he has motions he can make. this will all be in court. no attorney client privilege information in there. and apparently they re doing a two-step process where they did a seizure warrant to get the phone and a separate warrant to search the phone. lots of opportunities for him to challenge this warrant and make sure it s all on the up and up. i m sure he will avail himself of all his possible motions. he s already started filing them. so, the courts will sort it out. but it s very, very hard to overcome this determination of probable cause. a judge can review it, but i doesn t take a lot to show probable cause. the likelihood is he will not get his phone back. we may get a privilege review that pulls s
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