The document was filed publicly after lawyers for Cohen appeared before U.S. District Judge Kimba M. Wood to ask that they, not Department of Justice lawyers, be given the first crack at reviewing the seized evidence to see whether it was relevant to the investigation or could be forwarded to criminal investigators without jeopardizing attorney-client privilege. According to the Times, Trump called Cohen on Friday to "check in", which is probably not wise for a president to do when it involves an associate under federal investigation - especially if that president's associate has a habit of recording conversations.
Lawyers for President Donald Trump and his personal attorney, Michael Cohen, have told a federal judge in NY that they believe some of the documents and devices seized from Cohen during an FBI raid are protected by attorney-client privilege, and they want a chance to review the material before prosecutors get to examine them.
Further, prosecutors said in court papers that they used a search warrant in the Cohen raid - versus a subpoena - because "they had evidence" that his files "might be permanently deleted", the Times reported.
"The results of that review ... indicate that Cohen is in fact performing little to no legal work, and that zero emails were exchanged with President Donald Trump", the filing states. They said Cohen has told at least one witness that his only client was Trump.
The Monday raid on Cohen's home and office took Trump by surprise and added to the stress of the Mueller investigation, which is looking into whether Trump committed obstruction of justice and whether his campaign cooperated with Russian Federation to interfere in the 2016 USA election.
Federal prosecutors revealed on Friday that Cohen has been the subject of a criminal investigation for months.
It also potentially involved records related to porn star Stormy Daniels, who was paid $130,000 weeks before the election to silence an alleged affair she had with Trump.
They also argue that Daniels, too, would be prejudiced, because, they write, she "likely would be unable to obtain the documents and deposition testimony that she is seeking from Mr. Cohen" - presumably because he would invoke the Fifth Amendment privilege. He argued in a court filing on Friday that the seized materials must be reviewed by his attorneys to determine which of them should remain protected by attorney-client privilege.
Wood adjourned the hearing until Monday to give lawyers for Trump an opportunity to weigh in on the issue.
Cohen's attorney and a spokesman for Cohen's attorney did not reply to requests for comment.
In the filing with a court in NY, prosecutors blacked out a section describing what crime they believe Trump attorney Michael Cohen has committed. The judge, who didn't immediately rule, ordered him to appear at another court hearing Monday on the issue to help answer questions about his law practice.