NEW YORK _ Federal prosecutors on Wednesday submitted the names of three retired magistrate judges who could act as arbiters of what material can be used in the investigation of lawyer Michael Cohen, while maintaining the move is unnecessary.
Any of the three judges, Frank Maas, James Francis and Theodore Katz, could act as a so-called special master who would review the material to see if it's protected by attorney-client privilege, the feds' filing said.
Cohen's attorneys have said much of the material seized by the FBI in the April 9 raid on his home, hotel room, law office and safe deposit box is potentially subject to the privilege.
The government has countered that Cohen _ who is President Donald Trump's longtime personal lawyer _ actually has done little legal work and that they are interested in his business dealings.
Cohen's defense team suggested its own roster of potential special masters late Wednesday.
"The Government continues to believe, for the reasons articulated at Monday's conference, that a Special Master is not warranted to review the seized materials for privilege and that a Government Filter Team would fairly and most efficiently accomplish this task," Assistant U.S. Attorney Rachel Maimin wrote.
Prosecutors also said that Cohen's team should have access to nearly all of his seized material by May 11. Both sides wrote that they would like to provide Judge Kimba Wood with an update during a hearing on May 25.
Documents from the Trump Organization are in the Cohen trove. Trump himself has intervened in the case, arguing through lawyer Joanna Hendon that communications between him and Cohen that may be in the documents are subject to attorney-client privilege.
The FBI seized 10 boxes of documents and cellphones, among other material. The feds are investigating Cohen's taxi medallion investments, communications with the Trump campaign and hush money payments he made in 2016 to former Playboy model Karen McDougal and porn star Stormy Daniels, sources previously told The Associated Press.
The government said that a special master would likely slow down the review process. A special master likely wouldn't be able to begin a review until June, prosecutors said.
The typical protocol for protecting attorney-client privilege involves a government filter team that reviews material and provides relevant documents to the prosecutors conducting the investigation.
Wood has yet to rule on what protocol will be used to review the material.
