DOJ violated attorney-client privilege rules in Comey case: legal expert

DOJ violated attorney-client privilege rules in Comey case: legal expert
James Comey/Shutterstock
James Comey/Shutterstock
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Longtime lawyer and foe of President Donald Trump, Norm Eisen, said that Justice Department prosecutors have made 11 blunders in the case against former FBI Director James Comey, including one stand-out mistake he calls his "favorite."

Speaking to Katie Phang for her MeidasTouch show, Eisen said that the DOJ may have violated attorney-client privilege laws in the case.

"It's understood that when you're a prosecutor, you're investigating a case, you're seizing documents, you're seizing records, you have to protect legal materials that might be a communication between a target, a potential defendant, and a lawyer," Eisen said.

"Well, it appears they didn't do that here, Katie," he continued. "And the judge said that he'd never seen a case like this where they actually put in an FBI agent who had been exposed to those materials. You're supposed to segregate them."

He explained how the DOJ uses "taint teams," also called "privilege teams." They include government agents or prosecutors who are entirely disconnected from the investigation. They review the documents that may be privileged to identify any information that isn't.

The judge in the case argued that this could have violated those rules and that it could have "potentially undermined the integrity of the grand jury proceeding."

The remedy is that the case is thrown out entirely.


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