What are the evidentiary criteria that are necessary to obtain a search warrant of a lawyer’s files concerning a particular client given the lawyer client privilege? Would a federal judge have to see evidence of a criminal conspiracy involving the lawyer in order to authorize a search warrant?
This says yes.
There was an article in the NYTimes-I think an opinion piece- describing the process. As one can imagine, given that everyone writing the regulations are themselves lawyers anxious to preserve their privilege, the process is complicated and difficult. First the appointed (in this case appointed by Trump) District Attorney personally must authorize the request, then it is reviewed in DC by the DOJ Criminal Division, then the request is presented to a federal magistrate who is likely to consider such a high profile request very carefully. And note that a key criteria spelled out in the regulations is that all voluntary approaches must be fully explored before a search warrant can be even considered. That they went this route at all means that several levels of the justice system concluded that the lawyer could not be trusted to preserve evidence or voluntarily cooperate. No wonder Trump is pissed. I am sure he has relied on attorney client privilege for a long time to do whatever he wants. Now all those records are in the hands of the special prosecutor.