The Justice Department alleges Trump used his lawyer in furtherance of a crime, losing attorney-client protections.
Ordinarily, conversations between Trump and Corcoran would be protected under the attorney-client privilege. But in this latest court filing, the Justice Department alleges that Trump used Corcoran in furtherance of a crime, which removes such protections, a legal term known asThe motion is the most explicit statement yet from the DOJ stating that they believe Trump engaged in criminal activity with regards to the government documents he had in his possession..
It’s unclear what those questions were, or whether they or other queries are why special counsel Jack Smith filed the motion to compel Corcoran to divulge more information beyond what has already been said., likely viewable only by investigators, Trump’s lawyers, the grand jury and the judge in question.
It’s unknown, too, on what basis the DOJ believes it can compel Corcoran to testify, or whether investigators believe he also committed an illegal act. Attempts to employ the crime-fraud exception— a lawyer doesn’t have to be a co-conspirator in an action for the exception to be utilized, as a lawyer may undertake certain actions on behalf of a client without knowing that doing so is helping to aid in criminal behavior.
While the details of the crime Trump may have committed are unknown, sources with knowledge of the Justice Department’s filing have indicated it has to do with attempts by him to obstruct the DOJ’s and NARA’s work to retrieve the documents in his possession. “The crime-fraud argument principally concerns the same evidence of obstruction as raised in the search warrant affidavit,”
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