On Friday, the Justice Department revealed that Michael Cohen, President Donald Trump's personal lawyer, is under criminal investigation. The judge requested that Cohen be present in court on Monday. Cohen did not appear in court Friday morning and has not been charged with a crime.
A panel of prosecutors who are not associated with the case would sort out any files that are protected under attorney-client privilege and forward them to criminal investigators, the office says.
A court filing did not detail what Cohen is under investigation for.
Under the procedure, the taint team would turn over to the case investigators all the material that is relevant and not covered by attorney-client privilege.
"The appearance of fairness and justice is compromised by the government's use of the its own personnel to review potentially privileged material", Hendon wrote.
The raid came amid special prosecutor Robert Mueller's federal investigation into Russian interference in the 2016 presidential election, an investigation that appears to have expanded to include Trump's business associates.
Trump's lawyers in the Cohen case, Joanna Hendon, Chris Dysard and Reed Keefe, did not respond to questions from Newsweek as they departed the courthouse on Friday. Mueller's office referred the case about his business dealings to NY but hasn't been involved since, the Manhattan prosecutors said.
Daniels, whose real name is Stephanie Clifford, is entangled in a separate civil battle with Michael Cohen, the president's lawyer, over a $130,000 payment made to her as part of a 2016 agreement to stop her from discussing a sexual encounter she says she had with Trump a decade earlier.
Cohen made a similar argument last week.
Attorneys forMichael Cohen, PresidentDonald Trump's personal lawyer whose records were seized in an Federal Bureau of Investigation raid last week, have subtly altered their stance on who should review the evidence now in the hands of authorities.
Cohen, who is under criminal investigation for possible bank fraud and campaign finance violations, has argued that material seized in the raids could contain privileged information and needs to be reviewed before federal prosecutors have a chance to scrutinize it.
Trump's lawyers say any rush to review the documents for privilege "makes clear that the taint team will not zealously protect the President's privilege". And Cohen himself has suggested appointing an impartial special master to decide.
The Southern District of NY prosecutors also heard from Trump Organization lawyers, who want them to throw out all communication between Cohen, the company and its employees. Outside afterward, she said Cohen has acted like he's above the law and that she and her lawyer are committed to making sure everyone learns the truth. "I think that a taint team is a viable option".