Yes, I know but where did Lanny Davis get it?....I know Trump and his lawyers waived exec privilege on that tape does that mean it automatically gets turned over to the defendant?
If I am not mistaken, Executive Privilege would not be applicable here because the tape(s) were made prior to the election.
As to attorney-client privilege, it is the task of the Special Master, Barbara Jones to review all the seized documents and tapes and determine whether they are privileged prior to turning them over the prosecution. Trump’s attorneys inexplicitly waived the right to consider the tape Cohen released as privileged, i.e. attorney-client privilege.
http://thehill.com/regulation/court-battles/398659-special-master-rejects-more-than-half-of-latest-privilege-claims-byhttps://www.cbsnews.com/news/michael-cohen-secret-recording-trump-legal-team-waived-attorney-client-privilege/Not every conversation between an attorney and his client is privileged - only situations where the attorney is actually providing legal advice and situations where an attorney is actually not breaking the law in providing that legal advice by committing fraud or another crime.
It could be presumed that Cohen believes that the tape discussing how they could make a payment to McDougal and or buy the rights from AMI (The National Enquirer’s owner and Trump’s friend David Pecker) to former Playboy model Karen McDougal's story about an alleged affair she had with Trump years earlier was not privileged under the Crime-fraud exception to the attorney-client privilege in that the payment was perhaps understood by both he and Trump to be illegal under campaign finance laws.