[View here as a Twitter thread]
1/…which docs, if any, are privileged. Now what the heck does that mean? Attorney-Client privilege is a rule that protects client confidentiality. For material to be privileged, it must meet 3 elements: It must be an actual or potential client communicating with a lawyer…
2/…about legal advice; the lawyer is acting in professional capacity (not just being a friend); & the client intends the communications to be private. The Crime-Fraud exception says the privilege can’t be used to cover crimes.
3/i.e: Telling your lawyer you committed murder IS privileged. Discussing with your lawyer how to hide the body is NOT. After the FBI raided his home and office, Cohen said he had a sensitive law practice with multiple clients & said the FBI seized thousands of privileged docs.
4/The prosecution said it believes Cohen was NOT engaging in legal work, that he doesn’t have “multiple” clients, and the business he engaged in was criminal (so no privilege.) The court forced him to reveal his client list, which consisted of Trump, Hannity 
& Elliot Broidy.
5/ [Aside: If you forgot who Broidy is: Cohen negotiated an NDA to cover an affair with a playboy model who had an abortion. If you need a refresher on what an NDA is, see this thread: twitter.com/Teri_Kanefield…] @seanhannity denied that Cohen is his lawyer, so that leaves 2.
6/ The usual procedure is for the prosecution to use a “taint team” to review all docs, screen for privilege, and only give the prosecution what isn’t privileged. Trump and the Trump Org intervened in the proceedings (this is routine & just means they have an interest).
7/ Trump (through his lawyer) told the court that if the prosecution reviews the material “the appearance of fairness and justice” will be compromised. 
The judge said she’d consider appointing a “special master” instead of using the usual taint team.
8/ her worry was this would slow things down. So yesterday she asked the parties to explain how they would work with a special master (should one be appointed) to make “timely” & accurate determinations of privilege. Cohen’s law firm said they’d use their in-house resources.
9/ letter here: documentcloud.org/documents/4446… Trump’s lawyer said they engaged a “preeminent forensic e-discovery” vendor. Trump also said he will “make himself available” as needed to help determine what is privileged and what isn’t. Letter here10/ Morning update: The prosecution filed its response to Trump & Cohen’s suggestions. [Recall: The judge already said that a Special Master or Taint Team will be in charge of the process. Also note: The defendant always gets to see the prosecution’s evidence and challenge…
11 […any evidence he believes is not admissible] The prosecution’s letter is here: documentcloud.org/documents/4447… Basically Trump and Cohen left out an important detail from the process they described: They explained how they can quickly sort for privileged docs BUT…
12/ Cohen & Trump never explained HOW the Special Master would be in control and will direct the process. By leaving the SM out, Cohen and Trump, of course, make it possible to hide anything they don’t want the prosecution to see, which obviously the court won’t allow.
13/The Prosecutor wants this clear: “SM directly reviews the seized material to determine which appear to be privileged and then hears from both sides before making a final determination.” [Trump & Cohen will challenge anything they don’t like, but they don’t have the final say.]
14/ We have a ruling courtesy of @KlasfeldReports tweeting from the courthouse. The judge will appoint a Special Master, Barbara Jones: bracewell.com/people/barbara…, someone who didn’t appear on either SDNY or Cohen’s list of suggestions.
