NEW: Judge allows “crime fraud” exception to attorney-client privilege in Trump classified documents case after special counsel presents evidence.
WASHINGTON — Special counsel Jack Smith's office presented sufficient evidence to establish that former President Donald Trump committed a crime through his attorneys, a U.S. district judge ruled Friday night, a source briefed on the proceedings confirmed to NBC News on Wednesday.
U.S. District Judge Beryl Howell, based in Washington, D.C., wasn't ruling on whether Trump was guilty of a crime, but was making a decision about whether his attorney could be compelled to testify. As a result of the decision, Howell ruled in favor of applying the “crime fraud” exception, which would let prosecutors sidestep protections afforded to Trump lawyer Evan Corcoran through attorney-client privilege. Howell also ruled in favor of ordering Corcoran to testify before the federal grand jury. The development wasSince that decision on Friday, the Court of Appeals for the D.C.
Corcoran had instructed another Trump lawyer, Christina Bobb, to sign a written statement in June asserting to Justice Department officials that a diligent search for classified documents had turned up no additional material. That was in response to a grand jury subpoena. The assertion, however, was not true, as the FBI discovered in August when it found around 100 classified documents in its search of Mar-a-Lago.
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