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re: DOJ already looked at every document including privileged

Posted on 8/29/22 at 12:52 pm to
Posted by SouthEasternKaiju
SouthEast... you figure it out
Member since Aug 2021
25846 posts
Posted on 8/29/22 at 12:52 pm to
“These aren’t the documents you were looking for “
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
80315 posts
Posted on 8/29/22 at 12:56 pm to
quote:

There just is not much incentive for a member of the filter team to ignore his sworn duties/obligations.


ELL
OH
ELL
Posted by llfshoals
Member since Nov 2010
15580 posts
Posted on 8/29/22 at 12:59 pm to
quote:

No. Like it or not, the DoJ and the FBI are not just “opponents” in the adversary system, they are tasked with doing justice.
Yes, you’d be fine with the prosecution looking at all your clients privileged documents.

You just admitted it by stating it’s fine for the DOJ and FBI to be both adversary AND investigators.

if you’re ok with it being done in this case, you can’t argue intelligently it doesn’t apply when you don’t agree with it.
Posted by tadman
Member since Jun 2020
3894 posts
Posted on 8/29/22 at 1:05 pm to
quote:

No, they legally took possession of documents pursuant to a validly-issued warrant,


Just like that FISA warrant was validly issued? You take their word for far more than it is worth.
Posted by themunch
Earth. maybe
Member since Jan 2007
64797 posts
Posted on 8/29/22 at 1:06 pm to
OUr government is run by the scum of the earth.
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 8/29/22 at 1:09 pm to
quote:

There just is not much incentive for a member of the filter team to ignore his sworn duties/obligations.


If aliens ever came to Earth and questioned why Lawyers are so hated, one would only need to point to this dishonest, bootlicking shite right here.

Trum-Penis Envy will ALWAYS make supposedly intelligent people say and do incredibly stupid things.
Posted by Flats
Member since Jul 2019
22072 posts
Posted on 8/29/22 at 1:10 pm to
quote:

No, they legally took possession of documents pursuant to a validly-issued warrant,


Just like the warrants from the FISA judge.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32486 posts
Posted on 8/29/22 at 1:16 pm to
quote:

So they illegally siezed and looked at privileged documents.....ruh roh

Is the inventory and chain of custody such that they are unable to plant something that was not from Mar a Lago?
Posted by Mephistopheles
Member since Aug 2007
8331 posts
Posted on 8/29/22 at 1:18 pm to
From the article
quote:

a privilege review team went through the documents.


Not the DOJ investigators.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
80315 posts
Posted on 8/29/22 at 1:18 pm to
quote:

No, they legally took possession of documents pursuant to a validly-issued warrant,


Were his passports on the warrant too?
Posted by Flats
Member since Jul 2019
22072 posts
Posted on 8/29/22 at 1:21 pm to
quote:

Not the DOJ investigators.


Who appointed the privilege review team?
Posted by the808bass
The Lou
Member since Oct 2012
111758 posts
Posted on 8/29/22 at 1:22 pm to
quote:

privilege review team


They were DOJ. The FBI has already said they were.
Posted by Turbeauxdog
Member since Aug 2004
23347 posts
Posted on 8/29/22 at 1:26 pm to
quote:

There just is not much incentive for a member of the filter team to ignore his sworn duties/obligations.


Alternative universe.

Reality:
Social praise
Promotion
Book deals
Interviews

With no consequence
Posted by CountryVolFan
Knoxville, TN
Member since Dec 2008
2972 posts
Posted on 8/29/22 at 1:33 pm to
quote:

No, they legally took possession of documents pursuant to a validly-issued warrant, and they had a filter team review those documents to assure that the investigative team would NOT have access to privileged information, per SOP.


You can't truly think this is appropriate? I might as well give up my criminal defense practice and switch to Estate Planning if the Government can just seize and review all of my work product as part of SOP and determine later what THEY think is privileged. The 4th and 6th Amendments don't exist anymore.

Think like a lawyer and not a partisan.
Posted by Strannix
District 11
Member since Dec 2012
49135 posts
Posted on 8/29/22 at 1:46 pm to
AggieTrans is a liar, its that simple
Posted by JColtF
Lake Charles, LA
Member since Aug 2008
4749 posts
Posted on 8/29/22 at 1:49 pm to
quote:

Like it or not, the DoJ and the FBI are not just “opponents” in the adversary system, they are tasked with doing justice. They often are expected to perform multiple roles in an investigation.


Do you agree with the practice?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/29/22 at 1:51 pm to
quote:

You can't truly think this is appropriate? I might as well give up my criminal defense practice and switch to Estate Planning if the Government can just seize and review all of my work product as part of SOP and determine later what THEY think is privileged. The 4th and 6th Amendments don't exist anymore.
You are talking about the Cohen raid, which is an entirely different kettle of fish. If law enforcement is planning to execute a warrant on a law office, they should request a special master when requesting the warrant, IMO.

This is the execution of a warrant against a suspect himself, not his counsel. ANY warrant MIGHT lead to seizure of privileged materials. Execute a warrant for the file cabinet of a gun runner. There MIGHT be a folder in that cabinet containing letters from his lawyer … or priest … or physician.

Is it really your position that ALL documents seized under EVERY warrant must go to a special master? Do you have any idea of the delays that would insert into the justice system? The costs?

If really comes down to whether you trust our institutions. Do you trust public servants to fulfill their oaths not to cross-contaminate? If so, a filter team is USUALLY a reasonable solution to a nearly-insoluble challenge. If you do not trust the system, there is nothing that will ever satisfy you anyway.

There will obviously be exceptions where something like a special master is warranted. I have said a dozen times that THIS is such a case.

Everyone in this thread is laser-focused upon Trump and not upon the broader concepts.
This post was edited on 8/29/22 at 1:58 pm
Posted by BBONDS25
Member since Mar 2008
48898 posts
Posted on 8/29/22 at 3:04 pm to
quote:

Is it really your position that ALL documents seized under EVERY warrant must go to a special master? Do you have any idea of the delays that would insert into the justice system? The costs?


And? What cost is too high to stop irreparable harm?
This post was edited on 8/29/22 at 3:06 pm
Posted by Houag80
Member since Jul 2019
9564 posts
Posted on 8/29/22 at 3:04 pm to
You are an insufferable boot licker.
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
28015 posts
Posted on 8/29/22 at 3:15 pm to
quote:

No, they legally took possession of documents pursuant to a validly-issued warrant, and they had a filter team review those documents to assure that the investigative team would NOT have access to privileged information, per SOP.

You are such a terrible lawyer

No way in hell does a warrant allow them to remove privileged information, so they can review it. Especially if it also falls under attorney/client privilege

You dont get a warrant, only to go on a fishing expedition
quote:

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


You dont walk out with something, only to say "Sorry, my bad." Especially in a presidents home
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