Judge Nixes Trump’s ‘Executive Privilege’ Claim, Orders Mark Meadows, Stephen Miller, Other Top Aides to Testify as Corcoran Completes Grand Jury Appearance

It’s a bad day behind the scenes for Donald Trump.

First, his own attorney, Evan Corcoran, just past noon on Friday walked out of a federal court building after completing more than three hours of testimony before Special Counsel Jack Smith’s grand jury investigating the ex-president’s unlawful retention and refusal to return hundreds of sensitive, classified, and top secret documents.

NOW: Trump attorney Evan Corcoran departs DC federal court house after testifying before a special cousnel grand jury for what appears to have been more than 3 hours. pic.twitter.com/LQN91gKDGo

— Rob Legare (@RobLegare) March 24, 2023

His testimony, compelled by a subpoena, is seen by a former top DOJ official as “the most critical evidence in the case,” and should “allow DOJ to make a charging decision without significant delay.”

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Prosecutors, citing the crime-fraud exception, were able to convince a federal judge that Trump likely committed a crime via his attorneys, enabling them to bypass attorney-client privilege.

Trump had strived to block Corcoran from testifying, but a federal judge and an appeals court, in an extraordinarily quick turnaround – some legal experts saying for reasons likely related to national security – ordered him to testify.

Also Friday, U.S. District Judge Beryl Howell rejected Trump’s claims of executive privilege and ordered testimony before Special Counsel Jack Smith’s grand jury investigating Trump’s actions related to the January 6 insurrection from eight former top Trump White House aides.

Among them, Trump’s White House Chief of Staff Mark Meadows, former Senior Advisor to the President Stephen Miller, and former Director of National Intelligence John Ratcliffe. Also, former national security adviser Robert O’Brien and former deputy chief of staff and social media director Dan Scavino, ABC News reports.

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Meadows is a former GOP congressman seen by many as integral to the events of January 6.

“Former Trump aides Nick Luna and John McEntee, along with former top DHS official Ken Cuccinelli, were also included in the order, the sources said,” according to ABC News.

Former U.S. Attorney and Deputy Assistant Attorney General Harry Litman weighed in, saying: “Another really big shoe drops: [Judge] Howell rejects Trump’s executive privilege claim and orders Mark Meadows and others to testify before Jan 6 [grand jury]. Meadows has really been able to stay on the sidelines. No more–even if he takes the 5th, which [would] then force [question] of immunity.”

Image of Donald Trump via Shutterstock

Professor of Law Joyce Vance says, “We’re officially on Georgia-watch,” now that a new grand jury has been constituted and could hand down indictments at any time in that state’s investigation into Donald Trump and his allies and their alleged attempts to overturn the 2020 presidential election results.

Vance, the well-known MSNBC legal contributor, podcaster, and former U.S. Attorney says in her Substack newsletter, “it’s entirely possible that this could be the week to expect the world to turn upside down.”

“The first signal we’ll probably get—you’ll be in a crowded restaurant, or at work, or on a train, or in the gym, and suddenly everyone’s phone will start blowing up all at once,” Vance explains. “Reporters tend to stalk the clerk of court’s office in person and online when they know a big case is close. We’re in that sweet spot, although it’s important to keep in mind that we could remain there for awhile.”

Vance does warn that “it’s not certain that anyone, let alone Donald Trump, will be indicted. But Fani Willis, the Fulton County district attorney, certainly seems to be giving off all the signals that she means business here.”

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Assuming Trump does get indicted, what are the possible charges he might be facing?

“First up, election-related crimes: solicitation to commit election fraud, intentional interference with performance of election duties, interference with primaries and elections, and conspiracy to commit election fraud,” she explains. There could also be more “general crimes,” like “making false statements, improperly influencing witnesses, forgery, and general criminal solicitation.”

It might also get even more serious for Trump.

“Georgia’s state RICO statute could also be charged: RICO stands for the Racketeer Influenced and Corrupt Organizations Act and originally referred to a federal law passed in 1970 to strengthen the tools and charges available to federal prosecutors for dealing with the unlawful activities of those engaged in organized crime—Mafia or other entities devoted to organized, ongoing, serious criminal conduct.”

As Vance points out, while it’s unknown if Fulton County D.A. Fani Willis will choose to indict Trump or anyone, the special grand jury foreperson who made headlines earlier this month made clear they had recommended multiple indictments.

Image: Official White House photo

Manhattan district attorney Alvin Bragg may finally have changed his mind about indicting former president Donald Trump.

The recent conviction of the Trump Organization and its chief financial officer Allen Weisselberg gave a glimpse of evidence that could tie the ex-president directly to the tax fraud scheme, such as a memo he signed approving chief operating officer Matthew Calamari’s illegal request to reduce his taxed salary to cover the cost of his untaxed corporate apartment, reported The Daily Beast.

“We now move on to the next chapter,” Bragg said last week after the company was ordered to pay $1.6 million in penalties for tax fraud.

Trump already asserted under oath in another case in 2021 that he personally oversaw Calimari’s compensation, and prosecutors have checks he signed to cover tuition at a private school for Weisselberg’s grandchildren, whose mother Jennifer Weisselberg has repeatedly told investigators she personally heard Trump discuss the scheme to artificially lower taxed salaries for his executives.

“This case has tentacles,” said Duncan Levin, a former prosecutor who now represents Jennifer Weisselberg and has been communicating with investigators.

The district attorney’s office declined to comment on what Bragg meant about another chapter, but former prosecutors from that office say their experience leads them to believe prosecutors will go after Trump.

“For people who want a certain outcome — to go after Trump — it gives hope,” said Catherine A. Christian, a former assistant district attorney who investigated financial fraud. “They’re going to be thorough. I’m doubtful he would have said ‘next chapter’ if they weren’t looking.”

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“It happens all the time with large, complex investigations,” she added.

Prosecutors had hoped to flip Weisselberg or company controller Jeffrey McConney, who was nearly labeled a hostile witness during the Trump Organization trial, but ultimately were unable to get their full cooperation.

“They didn’t flip, and they failed,” said former Manhattan prosecutor Jeff Chabrowe. “They tried to do everything they could, and in the end, they got a truncated thing here where they went after the organization and Weisselberg, and there’s this fine that’s pretty weak.”