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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTo raid Cohen's home and office the FBI had to clear a higher than normal bar.
https://www.washingtonpost.com/news/politics/wp/2018/04/09/to-search-michael-cohens-home-and-office-the-fbi-had-to-clear-a-higher-than-normal-bar/?utm_term=.43de0717144aThere are specific rules that come into play before the U.S. attorney would be granted a subpoena, as outlined in the U.S. Attorneys Manual. A section titled Searches of Premises of Subject Attorneys details six additional safeguards to ensure that the Department of Justice isnt unjustly violating attorney-client privilege. It applies to subject attorneys people who are suspect[s], subject[s] or target[s] of an investigation. That distinction was highlighted last week when The Post reported that Mueller had informed Trump that the president wasnt a target of the investigation, but only a subject of it. Prosecutors view someone as a subject when that person has engaged in conduct that is under investigation but there is not sufficient evidence to bring charges, we wrote at that point. In other words, Trump wasnt necessarily about to face charges, but he was under investigation. The same, it seems, applies now to Cohen.
To obtain that search warrant, then, the U.S. attorney would have had to meet six conditions, according to the manual.
1. Before obtaining a search warrant, investigators had to try to obtain the evidence in another way, such as by subpoena.
2. The authorization for the warrant had to come from either the U.S. attorney or an assistant attorney general. (Rosenstein is deputy attorney general, a higher position than assistant attorney general.)
3. The prosecutor had to confer with the criminal division of the department before seeking the warrant.
4.The team conducting the search had to employ adequate precautions to ensure that they werent improperly viewing privileged communications between the Cohen his clients.
5. The search team would have included a privilege team including lawyers and agents not working the case which would work to ensure that investigators conducting the search didnt see privileged communications.
6. The investigators had to develop a review process for the seized material.
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To raid Cohen's home and office the FBI had to clear a higher than normal bar. (Original Post)
pnwmom
Apr 2018
OP
BigmanPigman
(51,608 posts)1. Three locations too!
tRump's own appointee for US attorney of the southern district of NY (relpaced Preet) is the one who OKed it.
fierywoman
(7,684 posts)2. S-w-e-e-t !!!