DOJ Thinks Trump Deceived His Lawyers About Classified Documents, Report Says

Topline

A federal judge overseeing a legal battle between the Department of Justice and former President Donald Trump over his handling of classified documents said prosecutors have gathered enough evidence to show Trump “intentionally concealed” his knowledge of a trove of classified records from his attorneys, according to ABC News, in the latest legal blow for the ex-president as he faces a separate potential indictment in New York.

Then-President Donald Trump looks back at journalists after welcoming Mongolian President Battulga … [+] Khaltmaa to the White House on July 31, 2019 in Washington. (Photo by Chip Somodevilla/Getty Images)

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Key Facts

D.C. District Judge Beryl Howell ruled last week that special counsel Jack Smith’s office made a “prima facie showing that the former president had committed criminal violations” by allegedly lying to attorney Evan Corcoran about the records, ABC News reported, citing sources with knowledge of the sealed filing.

Howell essentially shot down the Trump legal team’s argument that Corcoran cannot be compelled to testify in the case due to attorney-client confidentiality issues, ordering him to answer questions and turn over records related to what she reportedly called Trump’s “criminal scheme.”

Last week, Howell reportedly ruled Corcoran must testify because of the “crime-fraud exception,” an exception to normal attorney-client privilege rules that applies if an attorney’s legal advice was used in furtherance of a crime or fraud.

Howell suggested the special counsel still needs to bring more evidence to successfully indict or prosecute Trump, according to ABC News.

Trump’s 2024 presidential campaign blasted the ABC News report in a statement, saying, “Shame on Fake News ABC for broadcasting ILLEGALLY LEAKED false allegations from a Never Trump, now former chief judge, against the Trump legal team” (Howell stepped down as chief judge for the D.C. District Court on Friday).

Trump is reportedly expected to appeal the ruling.

Crucial Quote

“This disinformation is on par with their breathless Russia, Russia, Russia, Ukraine, Ukraine, Ukraine and ‘no-collusion’ Mueller speculation,” the Trump campaign said.

Key Background

The FBI seized more than 100 classified documents from Trump’s Mar-A-Lago resort in an August raid, some of which were marked “top-secret.” Months earlier, prosecutors subpoenaed Trump to hand over the records, and Trump’s attorneys assured prosecutors they had turned over all documents marked classified that they were aware of, with one of his attorneys signing a statement claiming the records were returned “based upon the information that has been provided to me.” The DOJ later suggested in a filing that “efforts were likely taken to obstruct the government’s investigation.” Trump has repeatedly denied any wrongdoing and has asserted, without evidence, that all the records he took with him after leaving the White House in 2021 were declassified. The documents have been the subject of an ongoing legal tug-of-war between Trump’s attorneys and prosecutors, who have suggested Trump may still possess sensitive records. Howell reportedly ordered Trump’s attorneys to carry out additional searches for classified records in December and January, which uncovered additional documents and a laptop that may have held sensitive government information.

What To Watch For

Trump said over the weekend he believes an indictment from the Manhattan district attorney in a separate case is imminent, though he has not been charged as of late Tuesday—the day he predicted he would be arrested. A grand jury there is wrapping up its investigation into an apparent $130,000 hush money payment made to porn star Stormy Daniels in the final days of the 2016 presidential campaign, in an alleged attempt to cover up an affair she says she had with Trump—an allegation Trump has repeatedly denied.

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Key Background

What To Watch For

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