NEW YORK — A top attorney for former President Donald Trump gave previously undisclosed testimony before a grand jury late last year regarding efforts by Trump's team to locate any classified documents that remained in Trump's possession after the FBI's unprecedented August search of his Mar-a-Lago estate, sources familiar with the matter told ABC News.
The Dec. 22 testimony from attorney Timothy Parlatore was ordered after months of wrangling between Trump's attorneys and officials in the Justice Department, who had grown increasingly concerned that Trump still continued to hold onto classified documents after more than 100 were discovered in the August 8 search, sources said.
According to sources familiar with the details of Judge Howell's order last week, the judge said the government had provided no direct evidence thus far that Trump was aware of the four documents with classified markings that were found at Mar-a-Lago in December. Her ruling to pierce Corcoran's privilege was instead based more on evidence presented to her by the government about Trump's actions in advance of the August search, sources said.
Smith, whose Nov. 18 appointment as special counsel overseeing the classified documents investigation came in the middle of the behind-the-scenes court fight with Trump's lawyers, eventually moved for Trump's team to be held in contempt by Judge Howell over their failure to comply with the May subpoena, as ABC News previously reported.
On Dec. 16, following a two-day search of Mar-a-Lago, Parlatore submitted a revised certification that acknowledged the discovery of the four additional documents in a closet near Trump's office, sources said. Parlatore has said publicly that Trump wasn't aware of the records, and that they were inside a box transferred into the closet by a young staffer who believed it contained daily summaries of Trump's activities while president.
According to sources, Parlatore was ordered to answer questions on how he determined which locations needed to be searched, the identities of individuals involved in the searches, and how they were carried out.
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