Prosecutors for Special Counsel Jack Smith, investigating Donald Trump‘s unlawful retention and refusal to return hundreds of documents with classified markings, are trying to compel one of the ex-president’s attorneys, Evan Corcoran, to testify before a grand jury again. They are asking a judge to allow them to invoke the crime-fraud exception, which voids attorney-client privilege.
The move, in the form of a seal motion, suggests they may have evidence of a crime.
The New York Times reports, “after his appearance in front of the grand jury, Mr. Corcoran received notice that the Justice Department was seeking to use the [crime-fraud] exception to break through his assertions of privilege. Judge Howell, who has consistently decided in the government’s favor on privilege issues surrounding Mr. Trump, will ultimately rule on the department’s request about Mr. Corcoran.”
It was “not immediately clear whether the Justice Department suspects misconduct by Mr. Corcoran and Mr. Trump, by Mr. Trump and others or by Mr. Trump alone,” The Times adds. “The crime-fraud exception is generally used to get around attorney-client privilege if a client uses legal services in the furtherance of a crime. Occasionally, the crime-fraud exception is used if lawyers and their clients conspire together to commit some offense.”
“The fact that prosecutors invoked the exception in a sealed motion to compel the testimony of the lawyer, M. Evan Corcoran, suggests that they believe Mr. Trump or his allies might have used Mr. Corcoran’s services in that way.”