Trump appeal over lawyer evidence in classified documents case

Trump’s legal team has appealed a lower court’s ruling that lawyer Evan Corcoran must present evidence to prosecutors. His legal services may have been used to further a possible crime, according to people familiar with the matter who spoke on condition of anonymity to discuss the confidential court proceedings.

Attorneys for the former president had argued that the materials sought were in most cases protected by the Attorney-Client Privileges, which protect communications between attorneys and clients. , U.S. District Court Judge Beryl Howell ultimately agreed.

Corcoran was ordered to provide the Justice Department with memos, copies of records and bills as part of Howell’s sentencing, according to people familiar with the matter. It concluded that there was evidence to suggest Trump may have misled his own lawyers on the matter of classified documents. Details of Howell’s ruling were first reported by ABC News.

After Trump’s lawyers filed an appeal, the appeals panel has already begun reconsidering the decision, according to people familiar with the matter. A new federal court record book entry shows the three-judge appeals committee working on an unusually short schedule. One side of the lawsuit had to submit documents by midnight on Tuesday and the other by 6:00 am on Wednesday.

The remarkably quick timeline suggests that judges, all appointed by Democratic presidents, intend to deliver their verdicts quickly. On the panel are former DC Superior Court Judge Florence Spann and his J. Michelle Childs, former South Carolina Judge.Both were nominated by President Biden. Childs was on a shortlist of potential candidates for president to fill the Supreme Court opening created by the retirement of Justice Stephen G. Breyer. His third judge on the panel, Cornelia TL Pillard, was nominated by President Barack Obama.

If the committee rejects Trump’s appeal, the former president could take the fight all the way to the Supreme Court, though it’s not clear if he has a much better chance of winning the Supreme Court.

The battle over Corcoran’s information began when prosecutors sought all available information about conversations between Trump and his advisers after Trump and his advisers received a subpoena seeking all documents containing classified marks last May. It highlights the extent to which they are trying to gather evidence of

Attorneys for Special Counsel Jack Smith, who is leading the Justice Department investigation, said in a closed-door courtroom debate over Corcoran’s testimony and evidence, the documents said. A person familiar with the matter said there was evidence of a deliberate effort not to surrender all the materials covered by the subpoena.

After hearing both sides, Howell ruled in favor of prosecutors and Trump’s legal team may not have been completely honest with their claims on the matter, according to people familiar with the matter. suggested.

The investigation of classified documents is one of several criminal investigations focused on Trump. Smith is also overseeing a Justice Department investigation into alleged Trump efforts to block the outcome of the 2020 election, with a Manhattan grand jury investigating possible falsification of business records related to hush-money payments. The Atlanta area grand jury is considering the evidence in the court carefully. She was indicted in an investigation into activities surrounding the state’s 2020 election results.

Anne E. Marimou contributed to this report.