Just hours after President Trump completed a disastrous, rambling interview on Fox & Friends, his words are already being used against him in a legal filing submitted to the court by the federal government.
The United States Attorney for the Southern District of New York submitted a letter to the federal judge which quotes Trump’s Fox & Friends interview, noting that it supports their position. The government specifically cited Trump’s assertion that Cohen handled a “tiny, tiny little fraction” of his overall legal work.
The process could help determine what documents are ultimately available to investigators, as well as the pace of the investigation. The court will consider the issue at a high stakes conference at noon on Thursday. Trump’s lawyers are scheduled to appear in federal court to resolve matters pertaining to the procedures that will be employed to review documents and other materials seized on April 9 from Michael Cohen, Trump’s longtime personal attorney and “fixer.” Trump’s lawyers argue that the president should be given extraordinary and extensive access to the materials to screen for those protected by attorney-client privilege.
The government, in turn, has argued that Cohen does little to no work as a lawyer, so any attorney-client privilege issues are de minimus. They are asking for as efficient a process as possible so they can continue with their investigation. On Thursday morning, the government suggested the appointment of a Special Master (an independent third party with experience identifying attorney-client materials) who could sort through the documents with the help of special software.