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Q: What does "there is an exemption for the furtherance of criminal activity". mean?




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The U.S. Attorney's Office for the Southern District of New York is reportedly investigating Cohen for several potential crimes, including campaign finance violations and bank fraud, among other things. The office received a criminal referral from special counsel Robert Mueller, who is leading the investigation into potential collusion between the Trump campaign and Russia's efforts to meddle in the 2016 presidential election.

Some of the materials taken from Cohen could be related to the $130,000 payment Cohen said he made to Stormy Daniels, an adult-film star who claims to have had an affair with Trump in 2006. Cohen claims to have made the payment to Daniels out of his own pocket and without Trump's knowledge.

The president, meanwhile, has slammed the FBI raid on Cohen, calling it an "attack on our country" and declaring in a tweet, "Attorney-client privilege is dead!"

While some of Trump's communications with Cohen are likely privileged, legal experts note that there is an exemption for the furtherance of criminal activity.

The question, then, is who gets to decide which of Cohen's materials are privileged and which are not.

In court briefs, Cohen's attorneys argued that a special master should be appointed to keep federal prosecutors from getting access to materials they did not have a search warrant for.

They cited the case of United States v. Stewart, which centered on a New York attorney, Lynne Stewart, who was convicted of providing material support to an Egypt-based terrorist organization.

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