Page 5 - Privilege Log News Today

You would have had a hearing if youre the law office and you would have gone into a court and do whats called a privilege log. youd say this is my client, this is what this reflects and this is what this pertains to. the federal system doesnt really have that, but she was gving it a lot of thought. she was talking about a taint team which is -- we call it the dirty team versus the clean erecting a wall and making sure that they dont communicate. she gave thought to a lot of thought and depth to ...

Create a privilege log. theyll exclude from evidence that will be turned over to the investigative and prosecutive team anything that rings that sort of a privilege bill. they may even submit in camera to the judge anything theyre not sure about to get a ruling on it and at the end of whatever it takes, depending on the amount of documents, it could be a few weeks, theyll turn over that evidence to the prosecution team so that they can move forward with their investigation. >> joyce, its also my...

Come in and do the search, then you have the opportunity to do a list. and that list is called a privilege log. you name what it is the client you are doing it on and assert the privilege. judge, this is precisely why you cant get this. numbe numbers stamped or however you want to refer to the document. this document is privileged and you do a laundry list. the judges frustration is you are in here and telling the lawyers and asking me to take action. you are telling me that you dont want me to ...

What the attorney -- put together a privilege log and have the prosecutors fight over it and look at it in camera. >> and, evan, this other element to add to all of this, cnns reporting that cohen was known to record phone conversations, telephone conversations. and some say that may have been swept up in the raid. do we have any idea what kind of conversations cohen taped, what this is about? >> this is extraordinary. but, yes, i think one of the things that happens here is that they believe th...

>> janet reno adopted -- >> as someone who lived through that -- >> you believe the only republican arguing that -- >> it is just as wrong. it is even more wrong because at least ken star had legal standing. he was a truly independent counsel and could not be fired. he was commissioned by law. >> and this complicates. >> and that is morally dubious because this is coming from the executive branch. this is less constitutionally proper. >> and talking about actions if they occurred, occurred -- >>...

Voyeur into the bedroom when he was commissioned to look into whitewater and what were seeing now -- i wrote an article about that, in monica 2.0. >> janet reno adopted -- >> as someone who lived through that -- >> you believe the only republican arguing that -- >> it is just as wrong. it is even more wrong because at least ken star had legal standing. he was a truly independent counsel and could not be fired. he was commissioned by law. >> and this complicates. >> and that is morally dubious be...

Privately. that is to say, if cohen was operating as an in-house counsel for the trump organization, and its hard to figure out what exactly he was. sometimes hes called personal attorney. sometimes hes on the trump letterhead. if hes an in-house counsel, and hes providing business advice, thats not privileged. if hes providing legal advice which is intended to be privileged, then thats privileged. so it might be that hes not actually being -- you know, the evidence being taken from him is not e...

Privilege log that raises more questions than answers. last month, the senate committee issued a subpoena for some sin to testify publicly and at the same time, they found simpson at the aspen security conference and his lawyer reportedly said he was on vacation and traveling through early august. there is a full transcript of simpsons testimony with the report claiming it lasted ten hours. the transcript is not public and we are working to confirm whether other committees will get access to it....

Problematic. as lisa mentioned, if its communications or work product of the lawyers then arguably the presumption is it doesnt come in. then it depends on how did a third party get it? did he share it? did the cops come in and seize it? if the cops seized it, it probably wont come in and theyll have whats called a special master proceeding. theyll have somebody independent, go through, take a look at this stuff and theyll have to come up with whats called a privilege log and list the things and...

The justice department. what is it you would like to get still thats within legal reach? >> well, what mr. issa is trying to find and i dont know what the specifics are on this, to try to get anything after february 4th, any internal documents of the justice department. one of the things that happens when theres a dispute on whether a document is or isnt discoverable. if the attorney generals office wants to not turn it over, they create whats called a privilege log and you investigate that. ive...