There is a better and safer way to deal with this issue than the current approach of using prosecutors and FBI agents to do the sifting. A law should be enacted under which anytime the government is seeking to search an office or home that may contain confidential and privileged information, the search team must be accompanied by a judicial officer – a judge, a magistrate or someone appointed to fulfill that function.And Trump's lawyers have filed papers this weekend asking to do an initial review before the government gets a chance. Here's the WSJ coverage:
That judicial officer should be the only one ever to read material that is eventually deemed to be confidential. A judge can be trusted not to leak far better than FBI agents or prosecutors. And if a judge were to leak, it would be easy to identify the source of the unlawful disclosure, since the single judge would be the only one to have access to the confidential material.
Lawyers for President Donald Trump say they should be allowed to review the material seized by the Federal Bureau of Investigation last week from Mr. Trump’s longtime lawyer Michael Cohen before government investigators begin their own, according to a court filing late Sunday.Trump won't be at the hearing today. He's in Miami. Here's how to avoid the traffic.
The filing asks a Manhattan federal judge to stop the government from using a “taint team” of prosecutors to review the evidence for documents protected by attorney-client privilege and to issue an order allowing Mr. Cohen, Mr. Trump and their legal teams to comb through it first for “materials over which the President asserts privilege.”
After Mr. Trump identifies which communications he believes are privileged, the government taint team can make objections, the filing said, and the court can make the final determination about which materials investigators are allowed to see.