Court Action Underscores Peril for Trump in Documents Investigation – The New York Times
The behind-the-scenes legal fight over obtaining evidence from a lawyer who represented former President Donald J. Trump in the investigation into his handling of classified documents has brought into sharper view where the Justice Department might be headed with the case.
According to the wisps of information that have seeped out of sealed court filings and closed-door hearings, prosecutors believe they have compelling evidence that Mr. Trump obstructed the governments efforts to reclaim the sensitive records and may have even misled his own lawyers.
This theory of the case has not changed much since federal agents obtained a search warrant in August based on three possible crimes, obstruction being one of them. The search turned up hundreds of sensitive government records being kept at Mar-a-Lago, Mr. Trumps heavily trafficked compound in Florida, after his lawyers had earlier assured the Justice Department that all such documents had been returned.
Still, the more recent developments stemming from efforts to force testimony and other evidence from the lawyer, M. Evan Corcoran, in Federal District Court in Washington, indicate that prosecutors have continued to build a case and that the inquiry remains a serious threat to Mr. Trump.
On Wednesday, a federal appeals court weighed in on the matter, ruling that Mr. Corcoran had to give the government what is likely to be dozens of documents related to his work for Mr. Trump as well as return to a grand jury on Friday to answer questions he had previously sought to avoid with assertions of attorney-client privilege.
The appellate ruling effectively let stand the decision of a lower-court judge, Beryl A. Howell, who gave a blunt assessment of the case last week. In a sealed order issued on Friday upholding the crime-fraud exception to attorney-client privilege, Judge Howell noted that prosecutors in the office of the special counsel, Jack Smith, had made a prima facie showing that the former president committed criminal violations, according to people familiar with the decision.
The crime-fraud exception allows prosecutors to pierce attorney-client privilege when they have reason to believe that a client in this case the former president used legal advice or legal services in furthering a crime.
Most notably, in a lengthy memorandum of law that accompanied the ruling, Judge Howell, according to two people briefed on the matter, laid out damning assertions made by prosecutors that Mr. Trump knowingly deceived the government and caused Mr. Corcoran to misstate to prosecutors where the documents were being held at Mar-a-Lago.
The existence of Judge Howells order and memorandum was first reported by ABC News. Shortly after the ABC report appeared, Mr. Trumps campaign attacked it as Fake News and ILLEGALLY LEAKED.
There is no factual or legal basis or substance to any case against President Trump, Steven Cheung, a spokesman for Mr. Trump, said of Judge Howells ruling. The deranged Democrats and their comrades in the mainstream media are corrupting the legal process and weaponizing the justice system in order to manipulate public opinion because they are clearly losing the political battle.
How Times reporters cover politics.We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.
Mr. Smiths office is likely still far from making any charging decisions. And the arguments that prosecutors presented to Judge Howell about possible crimes committed by Mr. Trump have not faced the scrutiny they would in a venue like a trial, where the burden of proof is much higher.
Still, the accumulation of details emerging from the proceedings suggests that Mr. Smith and his team are drilling down on every scrap of evidence they can find in assembling an argument that Mr. Trump may have impeded a federal investigation. For their part, some of Mr. Trumps aides have stated plainly if privately that the government and, in their minds, Judge Howell see him as a criminal.
All this has taken place in spite of predictions from Mr. Trumps allies that the documents investigation would quietly blow away after President Biden was also found to have kept classified materials after his term as vice president. A special counsel, Robert K. Hur, is investigating Mr. Bidens handling of the documents.
Mr. Corcoran, who testified before the grand jury earlier this year, is set to appear before the grand jury again on Friday in compliance with rulings from both Judge Howell and the appeals court. According to two people familiar with the events, he is not intending to invoke his Fifth Amendment right against self-incrimination when he testifies, underscoring that he is not the target of the special counsels scrutiny.
In their initial motion to compel Mr. Corcorans testimony, prosecutors also sought to invoke the crime-fraud exception to get testimony from a second lawyer, Jennifer Little, who is based in Atlanta. Ms. Little represents Mr. Trump in the Fulton County, Ga., district attorneys investigation into his efforts to overturn his loss in that state in the 2020 election.
Prosecutors are interested in Ms. Little because she was one of the few criminal defense lawyers working directly with Mr. Trump when the Mar-a-Lago matter heated up at the Justice Department, according to two people briefed on the matter. She counseled Mr. Trump to be cooperative, the people said, and left the case soon after Mr. Corcoran was brought on by Mr. Trump.
Judge Howell ordered Ms. Little to testify before the grand jury in her recent ruling, the people briefed on the matter said. They added that Judge Howell said Ms. Little did not have to turn over a document she had sought to withhold from prosecutors.
Ms. Little and her lawyer did not respond to messages seeking comment.
The extraordinary back-and-forth in the past several weeks between Mr. Trumps lawyers, Mr. Corcoran and his lawyers, and Mr. Smiths prosecutors not to mention with multiple witnesses who are also Mr. Trumps lawyers, as well as all of their lawyers has turned the federal courthouse in Washington into a bustling hive of Trump-related inquiries.
The latest example came on Thursday when lawyers for Mr. Trump including Mr. Corcoran appeared before a new chief judge, James E. Boasberg, with lawyers for former Vice President Mike Pence. They were there to discuss some issues related to Mr. Pences testimony before a grand jury investigating Mr. Trumps efforts to overturn the 2020 election, an inquiry also being overseen by Mr. Smith, the special counsel.
Late last month, prosecutors under Mr. Smith filed court papers seeking to stop Mr. Pence and Mr. Trump from asserting claims of executive privilege to limit the scope of Mr. Pences testimony. Representatives for Mr. Pence have said the former vice president would also seek to pare back his testimony by invoking the speech or debate clause of the Constitution, which is intended to protect the separation of powers.
Judge Boasberg, after hearing arguments on both subjects, said he would issue a decision later, according to a person familiar with the matter.
Read this article:
Court Action Underscores Peril for Trump in Documents Investigation - The New York Times
- Actions of federal government are upending the due process of the Fifth Amendment [letter] - LancasterOnline - August 24th, 2025 [August 24th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - InsideNoVa.com - August 1st, 2025 [August 1st, 2025]
- Biden officials are hiding behind Fifth Amendment to avoid incrimination, congressman says - MSN - July 24th, 2025 [July 24th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Rural Radio Network - July 24th, 2025 [July 24th, 2025]
- Third Biden aide invokes Fifth Amendment in House probe of former president's cognitive decline - alphanews.org - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KOKH - July 22nd, 2025 [July 22nd, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPEC - July 22nd, 2025 [July 22nd, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - Good Morning America - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - AOL.com - July 22nd, 2025 [July 22nd, 2025]
- House Republicans face mounting resistance as third ex-Biden WH aide pleads Fifth Amendment - Fox News - July 20th, 2025 [July 20th, 2025]
- Biden aides look to Fifth Amendment as autopen probe widens - The Washington Post - July 20th, 2025 [July 20th, 2025]
- WATCH: Second Biden official invokes the Fifth Amendment during House deposition - The Center Square - July 20th, 2025 [July 20th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - MSN - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - themercury.com - July 20th, 2025 [July 20th, 2025]
- Annie Tomasini Invoked Her Fifth Amendment Right in Response to Questions - Purdue Exponent - July 20th, 2025 [July 20th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WPDE - July 20th, 2025 [July 20th, 2025]
- Biden doctor Kevin OConnor invokes Fifth Amendment when asked if he lied about ex-prezs health - MSN - July 20th, 2025 [July 20th, 2025]
- Third Biden witness invokes Fifth Amendment during House deposition - Iosco County News Herald - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - WV News - July 20th, 2025 [July 20th, 2025]
- Another Biden aide invokes Fifth Amendment in deposition before House panel - MSN - July 20th, 2025 [July 20th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Purdue Exponent - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - KFOX - July 18th, 2025 [July 18th, 2025]
- Bernal invokes Fifth Amendment, refuses to testify in Biden's mental health in probe - WOAI - July 18th, 2025 [July 18th, 2025]
- Fmr. Jill Biden aide pleads the fifth amendment - LiveNOW from FOX - July 18th, 2025 [July 18th, 2025]
- Second Biden official invokes the Fifth Amendment during House deposition - Read Lion - July 18th, 2025 [July 18th, 2025]
- FNF: Anthony Bernal Invoked His Fifth Amendment Right in Response to Questions - Citizen Tribune - July 18th, 2025 [July 18th, 2025]
- Trumps history with the Fifth Amendment still isnt doing his allies any favors - MSNBC News - July 16th, 2025 [July 16th, 2025]
- Requiring man to unlock phone with fingerprint violated Fifth Amendment, court says - Oswego County News Now - July 16th, 2025 [July 16th, 2025]
- Former White House Physician Pleads the Fifth Amendment at House Hearing - The Presidential Prayer Team - July 12th, 2025 [July 12th, 2025]
- Maddow Blog | Trumps history with the Fifth Amendment still isnt doing his allies any favors - Yahoo News - July 12th, 2025 [July 12th, 2025]
- Broadcaster and commentator Josh Bernstein criticises a former White House doctor who treated former US President Joe Biden, after the doctor invoked... - July 12th, 2025 [July 12th, 2025]
- Alert: Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Connecticut Post - July 10th, 2025 [July 10th, 2025]
- Biden's former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment - Yahoo - July 10th, 2025 [July 10th, 2025]
- Trumps FBI Director Grilled on What He Thinks Fifth Amendment Says - The New Republic - May 11th, 2025 [May 11th, 2025]
- 'Turtleboy' blogger invokes Fifth Amendment in connection with Karen Read case - WCVB - April 18th, 2025 [April 18th, 2025]
- Woman accused of performing illegal abortions invokes Fifth Amendment right, posts bond - KHOU.com - March 28th, 2025 [March 28th, 2025]
- Are Your BYOD Policies Fifth Amendment-Ready? The Growing Tension Between Biometrics & Individual Rights - Corporate Compliance Insights - March 13th, 2025 [March 13th, 2025]
- Patel Invoked the Fifth Amendment in a Case Tied to Trump - The New York Times - February 5th, 2025 [February 5th, 2025]
- Trump says he took the Fifth Amendment in NY investigation - Central Oregon Daily - February 5th, 2025 [February 5th, 2025]
- Travis Kelce avoids answering the most compromising question about Taylor Swift and pleads the fifth amendment - Marca English - February 5th, 2025 [February 5th, 2025]
- Do presidential pardons remove the Fifth Amendment rights of recipients? - National Constitution Center - January 26th, 2025 [January 26th, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - MSN - January 22nd, 2025 [January 22nd, 2025]
- Biden preemptively pardons Fauci, creating Fifth Amendment trouble for him - Washington Examiner - January 22nd, 2025 [January 22nd, 2025]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- President Muizzu ratifies the fifth amendment to the Criminal Procedure Act - The Edition - December 18th, 2024 [December 18th, 2024]
- Doctor accused of abusing Indiana University athletes repeatedly invokes Fifth Amendment in deposition - NBC News - December 16th, 2024 [December 16th, 2024]
- Ex-IU doctor Brad Bomba Sr. invoked Fifth Amendment 45 times in deposition over alleged abuse - The Herald-Times - December 16th, 2024 [December 16th, 2024]
- The Constitution: The Twenty-Fifth Amendment - Houston Public Media - November 28th, 2024 [November 28th, 2024]
- Karen Read accused of weaponizing Fifth Amendment by seeking to delay civil trial - CBS Boston - October 31st, 2024 [October 31st, 2024]
- Mother and grandmother of Willacy County murder victim invoke Fifth Amendment during trial - KRGV - August 20th, 2024 [August 20th, 2024]
- This Is What the Twenty-fifth Amendment Was Designed For - The New Yorker - July 4th, 2024 [July 4th, 2024]
- Young Thug trial: State witness held in contempt, taken into custody - The Atlanta Journal Constitution - June 12th, 2024 [June 12th, 2024]
- That's Not How Pleading The Fifth Works - Above the Law - June 12th, 2024 [June 12th, 2024]
- Why was Lil Woody arrested? Rapper invokes Fifth Amendment against self-incrimination to avoid testifying in Young ... - Sportskeeda - June 12th, 2024 [June 12th, 2024]
- New Ad Taunts Trump: 'Take the Stand, Donald, or Admit You're a Coward' - The New York Times - May 18th, 2024 [May 18th, 2024]
- How Democrats In Arizona Are Damaging The Fifth Amendment - The Daily Wire - May 1st, 2024 [May 1st, 2024]
- Social Media Platforms Have Property Rights Too - Reason - April 16th, 2024 [April 16th, 2024]
- Utah high court rules suspects don't have to provide police with phone passcodes - The Record from Recorded Future News - December 21st, 2023 [December 21st, 2023]
- Utah Supreme Court says accused don't have to share cellphone passwords with police - Salt Lake Tribune - December 21st, 2023 [December 21st, 2023]
- High court must uphold constitutional taking clause to protect ... - The Midwest Center for Investigative Reporting - November 9th, 2023 [November 9th, 2023]
- Jump Crypto chief pled Fifth over alleged backroom Do Kwon deal - Protos - November 9th, 2023 [November 9th, 2023]
- Donald Trump civil trial in Manhattan: Maybe he's not trying to win ... - Slate - November 9th, 2023 [November 9th, 2023]
- Commission weighs whether to discipline Illinois judge who ... - St. Louis Post-Dispatch - November 9th, 2023 [November 9th, 2023]
- Smith Sentenced To Probation In Break-In At Sheriff's Residence - wkdzradio.com - November 9th, 2023 [November 9th, 2023]
- SCOTUS accepts 43 cases this term; 20 scheduled for argument so ... - Ballotpedia News - November 9th, 2023 [November 9th, 2023]
- Movie Review - Anatomy of a Fall | The-m-report | wboc.com - WBOC TV 16 - November 9th, 2023 [November 9th, 2023]
- Another Result Before It Happens: The Trump Civil Case In New York - Above the Law - November 9th, 2023 [November 9th, 2023]
- The inherent American rights involved during and after an arrest - FOX 29 - June 15th, 2023 [June 15th, 2023]
- She was killed walking home. Two men are now on trial for her ... - CBS 6 News Richmond WTVR - June 15th, 2023 [June 15th, 2023]
- Are Abortion Bans Takings? - Reason - June 15th, 2023 [June 15th, 2023]
- Ex-San Francisco Official Offers Alibi for One of Series of Bear-Spray ... - The San Francisco Standard - June 15th, 2023 [June 15th, 2023]
- Road project threatens preserved farmland | News | dailycourier.com - Front Page - June 15th, 2023 [June 15th, 2023]
- Teacher, accused of seven felonies, pleads his case to Grand Island ... - Grand Island Independent - June 15th, 2023 [June 15th, 2023]
- "That is a crime of cinema": After Saving Vin Diesel's Career With an ... - FandomWire - June 15th, 2023 [June 15th, 2023]
- There Is No 'Moving On' From Corruption, by Laura Hollis - Creators Syndicate - June 15th, 2023 [June 15th, 2023]
- Left-wing Democrats Running Roughshod Over Constitutional ... - The New York Sun - June 15th, 2023 [June 15th, 2023]
- Tether SEC Action? USDT Selling Floods Liquidity Pools in Wake of ... - CCN.com - June 15th, 2023 [June 15th, 2023]
- Essential Education: Professor, attorney discuss importance of ... - LA Downtown News Online - June 4th, 2023 [June 4th, 2023]
- Inside The Murder Of Kristin Smart And How Her Killer Was Caught - All That's Interesting - June 4th, 2023 [June 4th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 27th, 2023 [May 27th, 2023]