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You would have had a hearing if you're the law office and you would have gone into a court and do what's called a privilege log. you'd say this is my client, this is what this reflects and this is what this pertains to. the federal system doesn't 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 don't communicate. she gave thought to a lot of thought and depth to a lot of those issues. >> the prosecutors made an interesting case. we're not going after him a...

Create a privilege log. they'll 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 they're 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, they'll turn over that evidence to the prosecution team so that they can move forward with their investigation. >> joyce, it's also my understanding that this judge here, judge kimble wood, the u.s. district judge, ordered cohen t...

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 can't 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 judge's frustration is you are in here and telling the lawyers and asking me to take action. you are telling me that you don't want me to let the government have the return on the documents that they've already gotten a judge's sign of...

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, cnn's 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 that on the computers, on the telephones that were taken by the fbi, in the series of raids, were dis...

>> 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 -- >> did you speak up about that during the investigation? >> no. >> it's -- look, we complained about i...