Dan Goldman: Cohen Raid ‘Is Preserving the Attorney/Client Privilege’

EXCERPT:

GOLDMAN: "And the problem with the subpoena, if you issue a subpoena to Michael Cohen, is that he then gets to decide what is privileged and what is not. And he won’t turn over documents that he says are privileged. Michael Cohen is never going to say, 'Oh, wait a minute, this is the crime fraud exception to the attorney/client privilege because I was engaging in a crime. So one of the showings that prosecutors often make in order to get a search warrant against a lawyer is to say that, 'We need the actual documents. We’re going to have an entire separate team of investigators and lawyers and prosecutors who are going to look at those communications to determine whether they are privileged or whether they fall into the crime fraud exception which only a prosecutor can know because they’re the only ones that know the evidence.' So this is actually preserving the attorney/client privilege."