(TargetLiberty.org) According to recent reports, the investigation by federal prosecutors into the mishandled documents found in former President Donald Trump’s Mar-a-Lago estate is intensifying, with the Department of Justice looking to get testimony from the former President’s lawyer.
The Department of Justice appointed special counsel Jack Smith to oversee the case relating to the classified documents in November. Smith is now trying to get Evan Corcoran, Trump’s attorney, to testify in front of a grand jury. Smith has alleged that Trump might have sought legal advice in order to further a crime.
Prosecutors are allegedly trying to get Corcoran to answer the questions that he had previously avoided by using the argument of certain conversations and information being protected by the attorney-client privilege. Attorney-client privileges absolutely protect all legal communications between a lawyer and their client. However, there is a crime-fraud exception that could be used to void those privileges. This means that a lawyer cannot rely on citing these privileges if their client had been using their service in order to cover up or commit a crime.
During a recent appearance in front of the grand jury which related to the classified documents repeatedly asserted attorney-client privileges to avoid answering certain questions. It was after this testimony that the Justice Department assessed that the crime-fraud exception might be applicable in this case.
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