CNN’s Jeffrey Toobin and Harvard professor emeritus Alan Dershowitz went head to head Thursday night over the FBI raid against Trump lawyer Michael Cohen.
“It is true that privileges should be honored,” Toobin said, “But, just because you have a privilege doesn’t mean you should be exempt from being…”
“I’m not exempting the lawyer or the judge and the priest,” Dershowitz said. “I’m talking about the client, the penitent and the patient. It’s their rights that are being violated, and there’s no reason why any government agent should ever be able to see that kind of material. There’s a way of eliminating it.”
Toobin said, “It’s a violation if a judge sees it…”
Dershowitz responded by pointing out that the Justice Department and FBI have a history of leaking.
“A.)–Judges are more trust worthy. They don’t leak,” he said. “We know that the Justice Department and the FBI are like a sieve. They leak everything, they have a motive to leak.”
“Second, members of the taint team, with a wink and a nod, can communicate effectively. That’s how the Oliver North case was lost. We should not be trusting–the ACLU, to its everlasting shame, came out today and justified and defended the search without going into any of these issues. If this had been Hillary Clinton’s lawyer, can you imagine the ACLU coming out and justifying this search, or defending it?”