Trump attorney ordered to testify before grand jury investigating former president
Source: CNN Politics
CNN In a monumental ruling Friday, a federal judge has ordered Donald Trump attorney Evan Corcoran to provide additional testimony as part of an investigation into the former presidents handling of classified documents, a source familiar with the matter told CNN. Corcoran has the potential to become one of the most crucial witnesses in special counsel Jack Smiths criminal investigation into possible mishandling of classified records after the Trump presidency and obstruction of justice.
District Judge Beryl Howell said in an order under seal that Justice Department prosecutors have met the threshold for the crime-fraud exception for Corcoran, the source said. The decision hands Trump yet another loss under seal in court as his team and allies have tried to hold off Smiths investigators from learning about direct conversations the former president had with some of his closest advisers.
The development is particularly notable because of accusations prosecutors would have made about Trump as they argued to the judge for the grand jury testimony. Corcoran, an attorney-turned-witness, had previously testified to the grand jury but declined to answer some questions, citing attorney-client privilege. The department argued to the judge he should not be able to avoid answering, because his discussions with the former president may have been part of an attempt to plan a crime.
Howells ruling is one of her last on sealed grand jury disputes as chief judge. The Obama appointee has repeatedly green-lit Justice Department requests to pursue information about Trumps actions during her tenure as chief of the DC District Court, but she rotates out of the administrative role on Friday.
Read more: https://www.cnn.com/2023/03/17/politics/evan-corcoran-testimony-trump-lawyer
Article updated.
Original article -
The judge said in an order that Justice Department prosecutors have met the threshold for the crime-fraud exception for Corcoran, the source said.
This story is breaking and will be updated.
Botany
(70,551 posts)Jack Smith, "So Attorney Corcoran, "Do you want to take the fall for Trump's crimes?"
Those papers Trump took might very well be evidence of espionage against America.
Lock him up.
agingdem
(7,851 posts)will he lie or plead the 5th?...Corcoran knew better than to certify, in writing, all documents had been returned when he insisted Christina Bobb sign her name to the certification of subpoena compliance...so unless the DOJ has the evidence to charge him with obstruction of justice then it's sort of a toss-up as to whether he sacrifices Trump to save his ass..
Fiendish Thingy
(15,649 posts)Since Howells order is under the crime/fraud exception, it only makes sense that Corcoran would plead the fifth, at least initially.
If he gets indicted along with Trump, he might just flip.
2naSalit
(86,726 posts)I think we'll be hearing some things by the end of next week.
LetMyPeopleVote
(145,462 posts)This is a big deal. It is not easy to undo the attorney client privilege without proof of real fraud.
Link to tweet
https://www.washingtonpost.com/national-security/2023/03/17/trump-corcoran-crime-fraud-howell/?utm_campaign=wp_main&utm_medium=social&utm_source=twitter
Evan Corcoran had refused to answer investigators questions about his interactions with Trump, invoking attorney-client privilege a principle of U.S. legal practice that says lawyers must keep confidential what they are told by their clients.
U.S. prosecutors argued that there are exceptions to the privilege, including when there is evidence that a client used the attorneys legal services in furtherance of a crime. In secret court filings and a hearing held behind closed doors last week, prosecutors sought to show Chief U.S. District Judge Beryl A. Howell of Washington that there were grounds for a crime-fraud exception.
A federal judge has at least partially granted a request from U.S. prosecutors request to force an attorney for Donald Trump to testify before a grand jury about the former presidents possession of classified documents after leaving office, according to two people briefed on the decision.
Evan Corcoran had refused to answer investigators questions about his interactions with Trump, invoking attorney-client privilege a principle of U.S. legal practice that says lawyers must keep confidential what they are told by their clients.
U.S. prosecutors argued that there are exceptions to the privilege, including when there is evidence that a client used the attorneys legal services in furtherance of a crime. In secret court filings and a hearing held behind closed doors last week, prosecutors sought to show Chief U.S. District Judge Beryl A. Howell of Washington that there were grounds for a crime-fraud exception.
nuxvomica
(12,436 posts)As of today, Boasberg, an Obama appointee, replaces Howell as chief. I looked it up because I wanted to make sure it wasn't a Trump appointee.
https://en.wikipedia.org/wiki/James_E._Boasberg
BumRushDaShow
(129,280 posts)because that is the one who will be dealing with the "next phase".
Danascot
(4,692 posts)Has been an intrepid defender of democracy. The new guy has big shoes to fill. Hopefully he'll be up to the task.
BumRushDaShow
(129,280 posts)An unprecedented caseload.
msfiddlestix
(7,284 posts)If the next judge in the rotation was a Trump appointee, the risk of it all being dismissed ...
well, you know.
Thanks again.