Jack Smith's prosecutors have presented compelling preliminary evidence that Trump knowingly and deliberately misled his own attorneys about his retention of classified materials after leaving office, a former top federal judge wrote Friday in a sealed filing, according to ABC News. Via ABC News:
U.S. Judge Beryl Howell, who on Friday stepped down as the D.C. district court's chief judge, wrote last week that prosecutors in special counsel Jack Smith's office had made a "prima facie showing that the former president had committed criminal violations," according to the sources, and that attorney-client privileges invoked by two of his lawyers could therefore be pierced.
In her sealed filing, Howell ordered that Evan Corcoran, an attorney for Trump, should comply with a grand jury subpoena for testimony on six separate lines of inquiry over which he had previously asserted attorney-client privilege.
But Trump, of course, has appealed. Via Politico:
The D.C. Circuit Court of Appeals stayed Howell’s order temporarily on Tuesday night, ordering an extraordinarily rapid series of filings in a matter of hours — including one from Trump’s team by midnight Tuesday.
The appeals court’s order — from Judges Cornelia Pillard, J. Michelle Childs and Florence Pan, all Democratic appointees — doesn’t identify Corcoran or the case at issue but makes clear that the government was on the winning side of the case in Howell’s court.
The three-judge panel is asking Trump’s attorneys to specify the precise set of documents at issue by midnight and for Smith’s team to respond by 6 a.m. Wednesday to the Trump team’s demand for a longer stay of Howell’s ruling.
