By ann summersTrump tried to claim the government can’t walk and chew gum, but fails three days later at getting a Temporary Restraining Order in an attempt to isolate Cohen raid booty.
Darned irony for a guy who has emolument issues and has spent 100 million tax dollars on golf. T’aint nothing to a guy who doesn’t use prophylactics when he has flings at tournaments.
“U.S. District Court Judge Kimba Wood on Monday afternoon rejected a motion by the lawyer that attempted to block the FBI from reviewing the files they seized from Cohen last week.”
ripe for abuse
A taint team (what used to be referred to as a Chinese Wall, thanks to quaint Anglo-American legal tradition) is just to separate unrelated and client privileged information from legitimately seized items.
Biglygate features some structural coordination of external and internal 2016 election mischief, both foreign and domestic.
That includes the data-mining and the stolen Facebook info, the hacking, the troll-bots, the stolen emails, all less related to the vaporware and behavioral influence/persuasion claims and more about affecting GOTV in swing states. Wisconsin’s vote suppression alone should have brought compensatory legal action.
The 2016 US election was a lawfare battle-space, where force symmetry was not a governing principle, and information asymmetry is at a premium.
There was collusion and criminal intent, but like neoliberal capitalism, there was no single agency / cause other than the creative destruction of US democracy. Many institutions and individuals wanted to maximize money and power. The GOP was sufficiently mercenary to seek and accept Russian assistance to achieve their goals.
The perfect storm emerged from having the optimal candidate with decades of kompromat sufficient to manipulate money and power, and to enlist Americans willing to expedite active measures.
As we saw with the perfect storm of the 2016 election, the margins decided things, regardless of Russians, but they were a contributing factor if only because finance capital has the means, motive and opportunity to corrupt democratic elections.
NEW: President Trump has asked a federal court in New York to block federal agents from reviewing materials seized in a raid of his private lawyer, Michael Cohen.
The president’s other personal attorneys that they, acting on President Trump’s behalf, and Cohen should be the ones to determine which materials are privileged.
There’s an interesting dynamic here: The president, who supervises DOJ, is asking a federal court to rule that a fairly standard DOJ practice is unfair.
President Trump’s lawyers say the only person who can safely ensure that documents seized from Michael Cohen’s office do not contain privileged information is “the privilege-holder himself, the President.”
President Trump’s lawyers argue that DOJ must provide to him copies of any materials seized from Cohen “that relate to him in any way,” so that he can determine whether they are privileged and possibly block investigators from reviewing them.
President Trump’s lawyers say in a new court filing that the raid his Justice Department carried out against his personal attorney’s office and hotel room was “aggressive, intrusive and unorthodox.”
The following measures can be used when it is necessary to put in place a Chinese wall to separate the affairs of two clients:
- Compile a list of the individuals in the firm working for each client and ensure that no-one working for either client is in possession of confidential information relating to the other client.
- Ensure that all members of the two advisory teams within the firm are aware of the rules concerning client confidentiality. Consider issuing written guidelines.
- Place the two advisory teams in separate buildings or place one team in a part of a building with restricted access. Consider measures to log the movements of individuals, for example, by security passwords for entry into restricted access areas.
- Store sensitive or confidential information in a physically separate location, for example, in a strong room fitted with combination locks.
- Where information within the firm is placed on a central computer database to which all may have access, there may be confidentiality concerns. If so, use separate computer file servers to store information on one client separately from that of the other client. Also consider the ring-fencing of sensitive information by means of passwords and other IT security measures.The procedure for making back-up copies should also be considered, as security can sometimes break down when back-ups are being taken.If these solutions are used, it is, of course, vital to ensure that they are secure.
After the documents are provided to Cohen and his attorneys, the judge will decide whether a special government filter team or a so-called “special master” will get to further review the documents for those that might be covered by attorney-client privilege.