Courthouse News Service: Fourth Circuit Takes Up Secretive Raid on Law Firm by Brad Kutner:
RICHMOND, Va. (CN) – A Fourth Circuit judge didn’t mince words Tuesday as he appeared unlikely to support allowing the government to continue to sift through thousands of emails confiscated in a raid on an unnamed Maryland law firm.
At issue is the tens of thousands of electronic files seized by DEA and IRS agents during a raid conducted on an unspecified date earlier this year, and how the government and the law firm can define what is privileged.
The government had been using a so-called “taint team,” federal lawyers and agents tasked with sorting through documents to make privilege decisions, until the Fourth Circuit issued a stay on the process in June.
The use of taint teams entered the mainstream during the criminal case of President Donald Trump’s former personal attorney Michael Cohen. Cohen moved to block the use of the team, and the judge eventually appointed a special master to sift through documents collected in raids on his apartment, office and hotel room.