Special Counsel Jack Smith is definitely signaling that crimes have been committed in Trump's classified document scandal, straight out asking a federal judge to nullify attorney-client privilege between Trump and one of his lawyers, Evan Corcoran, because of evidence of commission of a criminal act.
Federal prosecutors overseeing the investigation into former President Donald J. Trump’s handling of classified documents are seeking to pierce assertions of attorney-client privilege and compel one of his lawyers to answer more questions before a grand jury, according to two people familiar with the matter, adding an aggressive new dimension to the inquiry and underscoring the legal peril facing Mr. Trump.
The prosecutors have sought approval from a federal judge to invoke what is known as the crime-fraud exception, which allows them to work around attorney-client privilege when they have reason to believe that legal advice or legal services have been used in furthering a crime. The fact that prosecutors invoked the exception in a sealed motion to compel the testimony of the lawyer, M. Evan Corcoran, suggests that they believe Mr. Trump or his allies might have used Mr. Corcoran’s services in that way.
Among the questions that the Justice Department has been examining since last year is whether Mr. Trump or his associates obstructed justice in failing to comply with demands to return a trove of government material he took with him from the White House upon leaving office, including hundreds of documents with classified markings.
Last May, the Justice Department issued a subpoena for any classified documents still in Mr. Trump’s possession, after he had voluntarily turned over an initial batch of material to the National Archives that turned out to include almost 200 classified documents. In June, Mr. Corcoran met with investigators and handed over more than 30 documents in response to the subpoena.
Another lawyer for Mr. Trump, Christina Bobb, then signed a statement asserting that a “diligent search” had been conducted at Mar-a-Lago, Mr. Trump’s residence and private club in Palm Beach, Fla., and that there were no additional documents bearing classification markings. Ms. Bobb has told investigators and others that Mr. Corcoran drafted the statement, and that she added some caveats to it, seeking to make it sound less ironclad.
But when the F.B.I. searched Mar-a-Lago in August, agents found more than 100 additional classified documents. The affidavit submitted by the Justice Department to obtain the search warrant said that there was “probable cause to believe that evidence of obstruction” would be found in the search.
Mr. Corcoran recently appeared before a grand jury in Federal District Court in Washington and is believed to have asserted attorney-client privilege on behalf of Mr. Trump in refusing to answer certain questions related to his representation in the documents investigation, according to three people familiar with the matter.
It's the clearest sign yet that federal charges are coming. Whether any will be leveled against Trump himself, well, it certainly seems like it.
Again, the case Smith has to bring, and Merrick Garland has to sign off on, has to be perfect. And even if it is perfect, all Trump needs is one MAGA asshole to acquit him...or just one juror bought off or extorted into a not guilty verdict.
We'll see.
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