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Warrant after there are possible charges filed or after there is an indictment. this is a little unusual, there is a fight going on before there's been any charges, potentially, filed in the case. that's what this hearing is about today, a continuation of events from last week. >> if the restraining order is in place, how are they able to review his e-mails? >> reporter: well, what they're proposing here today, and really what this restraining order is about, they want to call a time-out. they want the judge to take away from federal prosecutors here the opportunity to review any of these docu...

>> at what point is that decided, the removal of that attorney/client privilege. >> it's interesting because now that the documents are in the possession of federal agents, they are the ones that will review the documents for privilege and they have to. they have to separate them into three piles. privileged, not privileged and maybe privileged. so as this goes on, the strange thing is that the very people inspecting these papers for privilege are the people that the attorney likely never wanted to see in the first place. so that's why the government typically uses what's called a privilege te...

Which everybody has told you here had to go through a rigorous process and had to be signed off on, there is actually a privilege team that will look at this and be able to go through certain parts of the communications that is a self-contained team. they can look at any e-mail traffic, any memos back and forth between the two. we know trump doesn't use e-mail that much. so maybe there is some memos or some notes. can look at that and say some of this is important to what we applied for the search warrant in some of this, hey, we can't share with the actual prosecuting team there are protectio...