An attorney for former President Donald Trump will have to testify before a grand jury in an ongoing classified documents case after losing an appeal saying he was protected by attorney-client privilege. The lawyer, Evan Corcoran, will now have to comply with a federal subpoena and provide information about how documents with classified markings were mishandled and transported to Trump’s Mar-a-Lago estate.
A source told CNN that Trump’s legal team is unlikely to appeal the decision. Judge Beryl Howell had previously ruled that some of the evidence prosecutors wanted from Corcoran was not protected by privilege, and the appeals court agreed.
However, Howell also ruled that some of Corcoran’s testimony could be exempted. Prosecutors want more information about a phone call between Trump and Corcoran on June 24 of last year, a date that coincides with investigators trying to reclaim classified documents from Trump’s residence.
Former federal prosecutor and independent counsel Scott Fredericksen told CBS News that the news could mean charging documents could be on the way.
“If this results in Trump’s attorney going in to testify, I think that means we are very closing to a charging decision,” he said. Prosecutors think Corcoran intentionally obstructed the government’s investigation in getting the documents back. They want more information about how classified documents left the White House and made their way to Mar-a-Lago, which resulted in a search warrant in August.
The attempt to block someone from testifying is a common Trump legal maneuver, as a number of Trump aides have been compelled to testify despite Trump’s efforts to stop that from happening. Trump famously said he had executive privilege over the attempt at getting the testimony of Vice President Mike Pence in the ongoing investigation into the Jan 6. insurrection.
Pence is also trying to fight the subpoena and earlier today he said, “I believe that the separation of powers enshrined in the Constitution, and expressing what is known as the Speech and Debate Clause, is an enormously important element of the Constitution.”
Pence also cited the idea that the government was supposed to have checks and balances.
“We were going to make sure we make our case to the appropriate courts, and maybe the highest court in the land, but I think defending that principle of separation of powers is enormously important. We’ll let the courts sort that out. And at the end, we’ll certainly obey the law.”
As for Corcoran, if there is no appeal, he’ll testify to the grand jury on Friday.
We’ll keep you posted on this one.
Published: Mar 22, 2023 04:24 pm