The possibility of tapes in Cohen's position, and their alleged leaking, were part of the reason Clifford was seeking intervenor status in the case, according to Avenatti. That motion has been held pending discussions between Avenatti and federal officials, according to court records.
Shortly after the hearing, Avenatti withdrew his application for admission without prejudice, meaning he could choose to renew the motion at a later time, though he does not appear to be stepping back from the case.
Cohen, who attended the hearing but did not speak, is being investigated for possible bank and wire fraud and campaign finance violations as part of a probe looking at his efforts to suppress damaging stories about Trump - such as Daniels' claims of a sexual encounter with him years earlier - just before the 2016 presidential election.
Federal investigators raided Cohen's office, hotel and apartment last month with search warrants partially obtained after a referral from special counsel Robert Mueller.
"For a person who claims to be a lawyer, the minuscule amount of allegedly privileged matter is surprising, and what it tells us is that Cohen wasn't acting as a lawyer very often", Roland Riopelle, a partner at Sercarz & Riopelle who was formerly a federal prosecutor with the US Attorney's Office for the Southern District of NY, told Business Insider.
In a listening to in Manhattan on Wednesday, Choose Kimba Wooden of the Southern District of NY set a deadline of June 15 to finish their assessment, regardless of strenuous objections from Cohen's authorized workforce. Lawyers for President Donald Trump and Michael Cohen, his personal attorney, appear again before a judge in NY as part of an ongoing legal tussle about attorney client privilege and records seized from Cohen by the Federal Bureau of Investigation.
That is a small number of the documents seized, and experts found this surprising.
Jones also reported having received additional electronic data over the past two weeks, including "data from a video recorder, two computers, and mobile storage devices" that "includes various video, electronic communications and documents as well as data typically associated with computer usage". If Cohen's team can not finish in time, the remaining documents would be turned over to a separate group government lawyers - known as a "taint team".
Ryan further argued that Avenatti should be barred from the proceedings by pointing out that Avenatti's former law firm was ordered by a bankruptcy court last week to pay $10m to a former partner. The choose mentioned she wanted to steadiness the necessity for a cautious assessment with the necessity to transfer the case ahead and famous that the particular grasp, who can also be reviewing paperwork as they're produced by the federal government, had no drawback "dashing up as needed".
Among the items not yet cleared for release, a prosecutor said in court Wednesday, were two BlackBerry phones and the contents of one of Cohen's shredders.
"It's important for the court to balance the slow, deliberate needs of claiming attorney-client privilege with the need of the investigation to go forward", she said.
When he entered the courtroom Wednesday, Avenatti approached the bench to find out where he should sit.
"When you get into it, you realize how much time it takes", said Alan Futerfas, who represents the Trump Organization, referring to Cohen's team's work. "It didn't bother me one bit", he said.
Avenatti, the attorney for porn star Stormy Daniels, responded to the filing on Twitter, saying that Cohen, President Donald Trump's longtime lawyer, "will do anything and everything to distract away from the serious charges he will likely face and the complicity of Mr. Trump".
"He represents me, like with this insane Stormy Daniels deal".