"[I]n Grant, Judge [Barbara] Jones expressly based her decision to approve a prosecution Filter Team -- over the objection of the privilege-holder -- 'upon the expectation and presumption that the Government's privilege team and the trial prosecutors will conduct themselves with integrity.' Judge Jones stated that it 'seems to me that the Government is entitled to that presumption and that society's interest in enforcing the criminal laws outweighs the limited incursion into the attorney client privilege that this process permits.' The President does not -- and cannot -- proffer any reason whatsoever why the USAO-SDNY is not entitled to the same presumption here."
Expect fireworks during -- or at least following -- the next hearing Monday afternoon. The judge will expect both parties to be prepared, and Cohen to be present. Both Avenetti and Daniels will be around, too.