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Who Should Review Michael Cohen’s Files Under the Fourth Amendment?


#1

Who Should Review Michael Cohen’s Files Under the Fourth Amendment?

Brett Max Kaufman

Since the search last week of the office, home, hotel room, and safe deposit box of Michael Cohen, President Trump’s personal attorney, lots of lawyers have been squaring off about an important legal issue that rarely gets banner-headline billing: How does the government, armed with a warrant for a criminal suspect’s digital files, go about sorting through those files in a way that ensures that constitutional and legal rights are not violated?


#2

A Special Master or Magistrate Judge is definitely the way to go. The process preserves the integrity of the law and serves as an important filter to help prevent surprises under appellate review. Remember that the rights and procedures at stake are intended to work for us, too.


#3

This article has belayed the fears I had about this subject, and I’m glad the judge has taken these precautions. I’m with WiseOwl on the use of a judge instead of prosecutors for this task. I’ll say again, I don’t care about Trump or Cohen, but this action has far reaching potential.


#4

Such good article - and writing. Clarifies things. There is one at the Intercept on this topic, very superficial. Thanks CD.