Appeals Court Rules Trump Attorney Must Testify In Classified Docs Probe
AllSides Summary
A federal appeals court rejected Former President Donald Trump’s stay request, requiring his attorney Evan Corcoran to testify in the special counsel’s documents probe.
The Details: The rejection backs a grand jury subpoena issued by special counsel Jack Smith. The ruling was made in a notably swift fashion by a panel of three Obama appointees on the D.C. Circuit Court of Appeals. Corcoran had previously cited Attorney-Client Privilege (ACP) as a means of blocking the special counsel from requiring him to testify or provide documents pertaining to his communications with Trump. D.C. District Court Judge Beryl Howell determined the DOJ had presented enough evidence pointing to Corcoran’s legal advice leading to the furtherance of a crime, a crime-fraud exception that pierces his ACP rights.
The Context: Last year, the National Archives concluded Trump had taken documents from the White House to his residence, Mar-a-Lago, during his presidency, that included classified information. The FBI raided the residence in August, looking for the documents, which Trump himself called “the weaponization of the Justice System,” a sentiment a Trump spokesperson echoed to ABC News today.
How The Media Covered It: Sources across the spectrum highlighted the unequivocal swiftness of the rejection. A writer for National Review mentions Biden’s classified documents scandal and says if Trump were eventually prosecuted, he may have a strong case for appeal on the grounds of violated ACP.
Featured Coverage of this Story
From the Left
Appeals court rules that Trump attorney Evan Corcoran must testify in special counsel's documents probe

An appeals court on Wednesday rejected an effort by former President Donald Trump's attorneys to block Trump lawyer Evan Corcoran from having to testify and hand over records to special counsel Jack Smith's team investigating Trump's handling of classified records after leaving the White House, according to court records.
The three-judge panel on the D.C. Circuit Court of Appeals ruled extraordinarily swiftly against the request for a stay by Trump's attorneys, who sought to block an order last Friday by the chief judge for the D.C. District Court, who determined the government...
From the Center
Appeals court backs DOJ, forcing Trump attorney to aid documents probe

An appeals court on Wednesday rejected attempts by former President Trump’s legal team to challenge a Friday ruling ordering his attorney Evan Corcoran to produce documents related to the probe into the potential mishandling of records at Mar-a-Lago.
A three-judge panel for the D.C. Circuit Court of Appeals sided with special counsel Jack Smith and backed a lower court judge who on Friday issued a sealed ruling directing Corcoran to cooperate on several lines of inquiry he had rebuffed, citing attorney-client privilege.
In that opinion, D.C. District Court Judge Beryl Howell determined that the...
From the Right
Federal Appeals Court Rejects Trump Stay Request, Ordering His Lawyer to Provide Information on Mar-a-Lago to Special Counsel

Earlier this afternoon, we posted my column on a federal judge’s ruling that a lawyer for Donald Trump in the special counsel’s investigation of his illegal retention of classified intelligence must testify and surrender key documents, including notes of conversations he had with Trump before he and another Trump lawyer provided a grand jury and investigators with what turned out to be a factually false representation that Trump had surrendered all documents marked classified. As explained in the column, the former president sought an emergency stay in the D.C. Circuit Court of...
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