In the Sunday filing, Hendon and two of her colleagues asked the court to allow Cohen’s lawyers to review the materials first, and provide a copy of any “that relate to [Trump] in any way,” so the president’s attorneys can then make their own assessment of what is privileged. If the SDNY taint team lawyers disagree with any of those assertions, they could then go to the court to make the ultimate determination.
The main argument between the sides is who would get the initial review — and that, under Cohen and Trump’s position, they would get copies of all materials seized. SDNY prosecutors have already said that the investigators on the Cohen investigation would not get access to any material the taint team decides could be privileged unless Cohen (and/or Trump) or a court approves of the sharing of the materials.
The lawyers for Trump criticize the proposed use of a taint team, however, because it would consist of “colleagues of the prosecutors assigned to this investigation.”