Bruce Green was quoted in The Atlantic about President Donald Trump’s personal attorney, Michael Cohen, whose office was recently raided by the FBI.
“Records of conversations between Mr. Cohen and Mr. Trump are not necessarily privileged,” Bruce Green, a former federal prosecutor and a law professor at Fordham University, said. “If the conversations do not relate to a legal representation, but Mr. Cohen was providing business assistance or other non-legal services, the privilege probably will not apply.”
In cases where an attorney’s records are seized, a separate team of federal investigators, known as a “taint team,” will go through those records and sort out which are protected, and which prosecutors will be allowed to see or use. “There are various other limitations and exceptions that could make the privilege inapplicable. If it isn’t clear whether documents are privileged, the issue may get litigated,” Green said.