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.
Stop resisting. Stop resisting!
I don’t think either Toensing, nor Rudi are particularly good at lawyering. They seem better at bluster.
Hahahahahaha. Fuck no.
More like they are not good at keeping their word:
This looks similar to Flynn’s attempt at taking back his guilty plea deal after the fact.
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.