The Department of Justice is asking a federal judge to force Trump attorney Evan Corcoran to give additional testimony to the grand jury investigating the classified documents found at the former President’s Mar-a-Lago, Florida residence.
Jack Smith, who was appointed special counsel in November to investigate the classified documents and other matters related to Trump, is trying to defeat Corcoran’s attorney-client privilege claims. Smith’s reported argument is that the privilege is voided because it’s related to Corcoran being used to carry out a crime or fraud.
The request, from DOJ prosecutors working with Smith, is expected to lead to closed-door arguments before the chief judge of DC’s federal court.
It comes after the DOJ in August revealed in its search warrant affidavit that it had probable cause to investigate the unlawful retention of government documents at Mar-a-Lago, as well as efforts to obstruct its investigation.
Corcoran was involved in delivering some of those documents in response to a May grand jury subpoena. He also helped prepare a declaration attesting that all responsive records had been provided, although another Trump lawyer, Christina Bobb, ultimately signed that letter on June 3 after modifying it.
It remains unclear whether Trump or anyone else will be charged as a result of the special counsel’s investigation, which includes looking into criminal acts related to Trump’s January 6, 2021 attempt to overturn the 2020 Presidential election, as well as his role in the insurrection on the U.S. Capitol that day.
It was revealed this week that former Trump Vice President, Mike Pence, plans to fight a special counsel subpoena for his testimony, arguing that in his role as President of the Senate on January 6, he’s shielded under the “speech and debate” clause of the Constitution.