Trump’s Lawyers Given Midnight Deadline Over Bombshell Evidence
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© Getty Images/Michael B. Thomas Former U.S. President Donald Trump gives remarks during a Save America Rally at the Adams County Fairgrounds on June 25, 2022, in Mendon, Illinois. A Circuit Court of Appeals in D.C. set Trump’s lawyers a midnight deadline on Tuesday to provide information related to the classified materials probe.
Donald Trump’s legal team was given an almost unheard-of deadline to respond to questions in the investigation into the classified documents found at the former president’s Mar-a-Lago resort as prosecutors successfully argued to a judge they have evidence the former president may have committed a crime.
A Circuit Court of Appeals in D.C. set Trump’s lawyers a midnight deadline on Tuesday to provide information and arguments related to the case, with the Department of Justice also given a 6 a.m. Wednesday deadline—a particularly rapid turnaround request for legal filings.
The move came after a judge ruled that one of Trump’s lawyers, Evan Corcoran, could be forced to testify in the classified documents investigation by voiding the usually absolute attorney-client privilege over claims the former president used his services to commit a crime.
The classified documents probe is one of several investigations in which Trump is at risk of becoming the first U.S. president to be charged with a crime, with an indictment also reported to be arriving in the near future from a New York grand jury investigating an alleged hush money payment to adult film star Stormy Daniels.
The midnight deadline was set after prosecutors at Special Counsel Jack Smith’s office presented evidence that Trump knowingly and deliberately misled Corcoran about his retention of sensitive materials at his Mar-a-Lago resort, ABC News first reported.
D.C. District Court Judge Beryl Howell said in sealed filings—described to the news network by its sources—that the evidence suggested the former president had “committed criminal violations,” and so his lawyer can be forced to testify as attorney-client privilege could be voided in this case.
Howell is reported to have ordered Corcoran to hand over a number of documents, including handwritten notes and transcriptions of personal audio recordings, which are linked to what the judge described as Trump’s alleged “criminal scheme.”
Trump has denied the allegations, suggesting that prosecutors only go after defendant’s lawyers when “they have no case whatsoever.”
On Friday, Howell ruled Corcoran—who cited attorney-client privilege while previously appearing before the classified documents grand jury—can be compelled to answer further questions while citing what is known as the crime-fraud exception, meaning that the protected attorney-client privilege cannot be invoked if a lawyer and their client are allegedly attempting to cover up or engage in a crime.
The D.C. Circuit Court of Appeals stayed Howell’s order temporarily on Tuesday before demanding a quick response from legal arguments, including from Trump’s team by midnight Tuesday.
Tristan Snell, a lawyer and former assistant attorney general for New York state, noted the process for hearing an appeal at the D.C. Circuit usually takes months while suggesting the seriousness of the new found claims may have resulted in the quick turnaround.
“Instead they’re making the lawyers submit everything in HOURS. This is completely unheard of,” Snell tweeted.
“Why?!? The explanation that comes to mind is that *something* in the evidence submitted by DOJ has suddenly caused these judges to act with urgency we’ve never seen before. My bet is that there’s an imminent/ongoing threat to national security that has created an emergency.
“Also, this isn’t just a schedule from a single district court judge who’s just feeling cantankerous. This is from a 3-judge panel of the D.C. Circuit, the second most important and prestigious court in America after the Supreme Court. There is likely something brewing here.”
In a statement, Trump’s team attacked ABC News for reporting on what they called “ILLEGALLY LEAKED false allegations” against the former president and his legal team.
“These leaks are happening because there is no factual or legal basis or substance to any case against President Trump. The deranged Democrats and their comrades in the mainstream media are corrupting the legal process and weaponizing the justice system in order manipulate public opinion, because they are clearly losing the political battle,” the statement said.
“The real story here, that Fake News ABC SHOULD be reporting on, is that prosecutors only attack lawyers when they have no case whatsoever. President Trump is the only leader fighting for the Constitution in order to protect the American people from being abused by a crooked system.”
Corcoran has been contacted for comment via email.
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