President TrumpDonald TrumpTrump defends indicted GOP congressman House to vote Thursday on holding Bannon in contempt Youngkin calls for investigation into Loudoun County School Board amid sexual assault allegations MORE reportedly called his personal attorney Michael Cohen Friday to “check in” as both of their legal teams attempted to block the federal government from reviewing documents seized from Cohen’s office, home and hotel room during a FBI raid.
The New York Times reported that the phone call could prove to be problematic, as attorneys often tell their clients not to be in contact with each other during the course of criminal investigations. Federal prosecutors confirmed on Friday that Cohen has been the subject of a criminal probe for months.
The Washington Post reported earlier this month that special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel MORE’s team had told Trump’s attorneys that Trump is a subject in their investigation, but was not a criminal target at the time.
The two men reportedly spoke the same day that their legal representatives argued in court that federal investigators should not be able to examine the documents seized by the FBI, which Cohen and Trump claim are protected by attorney-client privilege.
The privilege would block federal prosecutors from obtaining the records under most situations; however, it's revoked for discussions concerning future wrongdoing like fraud, according to the American Bar Association.
Trump had already decried the raid on his longtime personal attorney's office, tweeting that "attorney-client privilege is dead."
Cohen's attorneys want to review the seized materials before prosecutors review them.