Report: Special Counsel Claims Trump Deliberately Misled His Lawyers
And if upheld on appeal today, that means the court can pierce attorney-client privilege for specific information.
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.