Cohen's attorneys float names for Special Master to review seized materials

Attorneys for Michael Cohen asked a federal judge to appoint a so-called Special Master to decide which of Cohen's materials seized by federal investigators can be viewed by prosecutors, and late Tuesday gave their choices for the job.

At a hearing Monday, Judge Kimba Wood denied Cohen's request for a temporary restraining order to block the investigators from reviewing the materials seized from Cohen's temporary residence and two office spaces during a raid last week.

Wood said she was open to either a "privilege team," also known as a "filter team," or an independent reviewer known as a Special Master who would review the materials and decide which ones would violate attorney-client privilege and which ones can be handed over to potential trial prosecutors.

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Adult-film actress Stephanie Clifford, also known as Stormy Daniels speaks to the media outside US Federal Court on April 16, 2018, in Lower Manhattan, New York. President Donald Trump's personal lawyer Michael Cohen has been under criminal investigation for months over his business dealings, and FBI agents last week raided his home, hotel room, office, a safety deposit box and seized two cellphones. Some of the documents reportedly relate to payments to porn star Stormy Daniels, who claims a one-night stand with Trump a decade ago, and ex Playboy model Karen McDougal who also claims an affair. / AFP PHOTO / HECTOR RETAMAL (Photo credit should read HECTOR RETAMAL/AFP/Getty Images)
U.S. President Donald Trump's personal lawyer Michael Cohen arrives at federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Mike Segar
Michael Avenatti, lawyer for adult film actress Stephanie Clifford, also known as Stormy Daniels, leaves federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Lucas Jackson
Michael Cohen's attorney Todd Harrison arrives at federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Mike Segar
U.S. President Donald Trump's personal lawyer Michael Cohen (centre) leaves federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Brendan Mcdermid
Adult film actress Stephanie Clifford, also known as Stormy Daniels speaks to media along with lawyer Michael Avenatti (R) outside federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Lucas Jackson
Michael Cohen's attorney Todd Harrison is pictured outside the Manhattan Federal Court in New York City, New York, U.S., April 13, 2018. REUTERS/Jeenah Moon
U.S. President Donald Trump's personal lawyer Michael Cohen exits a hotel in New York City, U.S., April 11, 2018. REUTERS/Brendan McDermid
Adult film actress Stephanie Clifford, also known as Stormy Daniels, speaks to media along with lawyer Michael Avenatti (R) outside federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Brendan Mcdermid
Attorney for Stormy Daniels, Michael Avenatti is pictured though a window as he arrives at federal court in the Manhattan borough of New York City, New York, U.S., April 16, 2018. REUTERS/Lucas Jackson
Adult-film actress Stormy Daniels and attorney Michael Avenatti arrive at Federal Court in New York, U.S., on Monday, April 16, 2018. Daniels claims she had sex with Donald Trump in 2006 and took a $130,000 hush payment shortly before the 2016 election from lawyer Michael Cohen. Photographer: Victor J. Blue/Bloomberg via Getty Images
President Trumps lawyer Michael Cohen exits the US Federal Court on April 16, 2018, in Lower Manhattan, New York. President Donald Trump's personal lawyer Michael Cohen has been under criminal investigation for months over his business dealings, and FBI agents last week raided his home, hotel room, office, a safety deposit box and seized two cellphones. Some of the documents reportedly relate to payments to porn star Stormy Daniels, who claims a one-night stand with Trump a decade ago, and ex Playboy model Karen McDougal who also claims an affair. / AFP PHOTO / EDUARDO MUNOZ ALVAREZ (Photo credit should read EDUARDO MUNOZ ALVAREZ/AFP/Getty Images)
Adult-film actress Stephanie Clifford, (C) also known as Stormy Daniels arrives for a court hearing at the US Courthouse in New York on April 16, 2018. President Donald Trump's personal lawyer Michael Cohen has been under criminal investigation for months over his business dealings, and FBI agents last week raided his home, hotel room, office, a safety deposit box and seized two cellphones. / AFP PHOTO / Hector RETAMAL (Photo credit should read HECTOR RETAMAL/AFP/Getty Images)
Attorney for Stormy Daniels, Michael Avenatti(C), arrives for a court hearing at the US Courthouse in New York on April 16, 2018. President Donald Trump's personal lawyer Michael Cohen has been under criminal investigation for months over his business dealings, and FBI agents last week raided his home, hotel room, office, a safety deposit box and seized two cellphones. / AFP PHOTO / HECTOR RETAMAL (Photo credit should read HECTOR RETAMAL/AFP/Getty Images)
NEW YORK, NY - APRIL 13: Michael Avenatti (R), attorney for Stormy Daniels, arrives for a court proceeding regarding the search warrants served on President Donald Trump's longtime personal attorney Michael Cohen, at the United States District Court Southern District of New York, April 13, 2018 in New York City. Cohen and his lawyers are asking the court to block Justice Department officials from reading documents and materials related to his relationship with President Donald Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences earlier in the week. (Photo by Drew Angerer/Getty Images)
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The judge ordered Cohen's attorneys and the government's lawyers to recommend names to fill the role.

In a filing shortly before midnight, Cohen's attorneys provided Wood with four recommendations:

  • Bart Schwartz, former assistant U.S. Attorney for Rudy Giuliani.
  • Joan McPhee, former federal prosecutor who successfully represented a Deepwater Horizon driller against federal charges.
  • Tai Park, former federal prosecutor in the Southern District of New York and a noted white collar defense attorney.
  • George Cannellos, former SEC Division of Enforcement co-chair and former federal prosecutor in the Southern District of New York. Has represented several major financial institutions.

The Government needs to provide their list of four possible Special Masters and an update on the sharing of information about what they seized from Cohen by the end of the day Wednesday.

The specific focus of the investigation and possible federal crimes have not been disclosed by the U.S. attorney's office, but in a filing on Friday they do confirm Cohen is under federal criminal investigation.

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