Toensing Appeals In Bid To Force Gov’t To Return Phone It Took

speaks during CNN's Media Conference For The Election of the President 2008 at the Time Warner Center on October 14, 2008 in New York City. 16950_4967.JPG
Former deputy assistant attorney general Victoria Toensing speaks during CNN's Media Conference For The Election of the President 2008 at the Time Warner Center on October 14, 2008 in New York City. 16950_4967.JPG (P... Former deputy assistant attorney general Victoria Toensing speaks during CNN's Media Conference For The Election of the President 2008 at the Time Warner Center on October 14, 2008 in New York City. 16950_4967.JPG (Photo by Joe Kohen/WireImage) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

Trump lawyer Victoria Toensing appealed a lower court ruling on Friday that rejected her request to have prosecutors return a search warrant executed on her.

In a brief filing, Toensing attorney Michael J. Bowe wrote that the conservative lawyer and Reagan-era federal prosecutor was appealing to the Second Circuit Court of Appeals.

Prosecutors executed a search warrant on Toensing’s phone in April, as they also searched Rudy Giuliani’s home, office, and electronic devices as part of the investigation.

Toensing and Giuliani both raised objections, and asked U.S. District Judge Paul Oetken for the Southern District of New York to allow them to have a look at the materials collected under the warrants and review them before they made their way back to the prosecutors.

Oetken denied that request, and this week appointed a special master to sort out what evidence prosecutors could use in the investigation.

Both Toensing and Giuliani accepted the choice of the special master, who served in the same role for the Michael Cohen investigation in 2018.

But now, Toensing has appealed the ruling which denied her the right to review materials taken from her pursuant to the search warrants. Prosecutors accused Toensing and Giuliani of trying to use their status as lawyers to argue that they were immune from criminal investigation.

Defense attorneys and former federal prosecutors told TPM last month that the requests were highly unusual, in part because they came before anyone had been charged in the matter. Discussions over what evidence can or cannot be used in a case typically come after an indictment, not before.

Latest News

Notable Replies

  1. Stop resisting. Stop resisting!

  2. I don’t think either Toensing, nor Rudi are particularly good at lawyering. They seem better at bluster.

  3. Avatar for noonm noonm says:

    More like they are not good at keeping their word:

    Both Toensing and Giuliani accepted the choice of the special master, who served in the same role for the Michael Cohen investigation in 2018.

    But now, Toensing has appealed the ruling which denied her the right to review materials taken from her pursuant to the search warrants.

    This looks similar to Flynn’s attempt at taking back his guilty plea deal after the fact.

  4. To be fair to Teonsing, perhaps she has records on there that she needs having to do with legitimate legal work for clients that is privileged? The big question is whether or not there is a reasonable assertion to be made that evidence on the phone is pertinent to whatever investigation(s) are underway really. Certainly a judge has already approved the search warrant so there is that already on the record as to the pertinence of the phone in the investigation(s) by the DOJ, etc. It’ll be interesting to see what happens on appeal, although changes are, the warrant will stand, and the info will not be made immediately available to her…one assumes.

Continue the discussion at forums.talkingpointsmemo.com

47 more replies

Participants

Avatar for jootjoint Avatar for eloise Avatar for mattinpa Avatar for teenlaqueefa Avatar for becca656 Avatar for DuckmanGR Avatar for lastroth Avatar for alyoshakaramazov1 Avatar for fiftygigs Avatar for dave_mb Avatar for thunderclapnewman Avatar for dommyluc Avatar for pareedave Avatar for castor_troy Avatar for cgrutherford Avatar for john819 Avatar for katscherger Avatar for v12nna Avatar for occamscoin Avatar for gargoyle Avatar for dogselfie Avatar for LeeHarveyGriswold Avatar for timbomov Avatar for ClutchCargo

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: