Michael Cohen, left, President Donald Trump's personal attorney, stands with his attorney Stephen Ryan on September 19, 2017, after finding out the Senate Intelligence Committee hearing at which they were to appear was canceled.
Third, while attorney-client privilege shields many forms of communication between a lawyer and his or her client, it doesn't shield everything.
Cohen has said he took out a home loan to pay porn actress $130,000 weeks ahead of the election to keep quiet about her allegations that Trump had an affair with her while he was married to Melania Trump.
The raids sent shockwaves through Washington, and legal analysts were unequivocal in emphasizing the enormity of their implications for Cohen and Trump, both of whom could face significant legal exposure depending on what investigators uncover.
Trump, who lashed out on Twitter at Mueller's probe and the Justice Department on Monday evening, met with his lawyers at the White House on Tuesday to discuss the FBI raid, which has confirmed their worst fears - that Mueller's Russian Federation investigation is mushrooming well beyond questions of campaign collusion.
Prosecutors are also required to consider less intrusive alternatives to a search warrant, such as a subpoena, if practical.
"The decision by the US Attorney's Office in NY to conduct their investigation using search warrants is completely inappropriate and unnecessary", Ryan said in a statement.
In the early years, Cohen practiced personal injury law, made millions in real estate, failed in a run for New York City Council and partnered with his Ukraine-born father-in-law to own a fleet of vehicles in New York City's gritty taxi cab industry.
"The S.D.N.Y.is tooled up to execute such raids, whereas the special counsel's office sitting in D.C. would face logistical challenges in trying to do it themselves", Katyal said.
Sources familiar with the matter toldNBC News Tuesday that Daniels has started cooperating with prosecutors looking into whether Cohen's hush payment was illegal.
These added protections mean getting more approvals within DOJ than would otherwise be required.
"And if there is another way that the documents can be obtained, the prosecutor should pursue those avenues first, before searching a lawyer's office", he said.
In a search like this, prosecutors typically set up a privilege team or "taint team" of investigators not involved in the case to review potentially privileged documents and shield those from the team actually involved in the prosecution. Documents are not privileged simply because they passed through an attorney's hands.
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If the attorney is a subject or target, "the U.S. Attorney has to personally approve" the warrant, he said.
"This "& elsewhererdquo; within such Circumstance is referring to the U.S. Legal Professional's Business Office at the Southern District of NY.
Berman spent time as an assistant U.S. attorney in Manhattan in the 1990s and was part of the prosecution team that investigated the Iran-Contra scandal as well.
"Sometimes the US attorney is out of town or not available, and so there's a whole chain of delegation of acting USA attorneys", he said.
"What do you call a lawyer who graduated with a 2.0?"
"It can't just be that somebody with the bar degree is in the general vicinity", Litman said.
These special procedures aren't only in place for presidents' lawyers, Sandick pointed out. "This is the way prosecutors get information - sometimes to convict and prosecute, sometimes to exculpate".
"S.D.New York prosecutors conducted a search warrant at her office", Sandick recalled.
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In fact, attorney-client privilege is not absolute and can't be invoked when the discussion was part of an effort to commit a crime.
But some of Trump's legal advisers are telling him they now have a stronger case against Rosenstein.
If the President were to find a way to dismiss Mueller, he would trigger outrage in Washington and present Republicans who control the House with a dilemma about whether to act or to side with constituents who strongly support Trump.
Asked why he had not fired Mueller, Trump left the door open.
"Another possibility is that S.D.New York will itself be the "clean team" here", he said. Rosenstein then determines whether to allow Mueller to proceed or to assign the matter elsewhere. But legal experts say the White House could achieve the same end result by rescinding the regulation that allows for a special counsel.
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