Two Trump lawyers could become witnesses or targets in the FBI investigation – today’s event

The Ministry of Justice published revised photos of documents seized during the property search Mar Ago from the former president Donald Trump from Florida. The subject of the controversy is an interaction that occurred on June 3, in which the two attorneys, according to a court filing filed on Tuesday by the Department of Justice in a separate but related case, made statements that they had complied with a grand jury subpoena, which was later found to be false.

That day, Justice Department Counterintelligence Chief Jay Pratt and three FBI agents went to Mar-a-Lago to collect subpoenas, as the file says, and Bob and Corcoran handed an envelope to Redweld, taped with classified material.

But before Pratt left, Christina Pope presented and signed a letter certifying that all documents responding to the subpoena had been delivered, while Corcoran noted that the documents requested by the government were confined to a single storage room, the file shows. The problem with Trump’s lawyers is that the Justice Department then uncovered new evidence, through multiple sources, that presidential and other classified documents remained in Mar-a-Lago — which was proven correct when FBI I searched the property two months later.

Obstruction of justice, the main charge

In the filing late Wednesday, Trump’s lawyers denounced the search as taking place “in the middle of a record exchange” between a former president and the National Archives and Records Administration over presidential documents. They said the Justice Department “freely” released some information, including a photo of classified documents taken from the home.

According to the search warrant and court documents, the Justice Department is investigating, among other crimes, whether there was a possible obstruction of justice in the way Trump and his lawyers appeared to have resisted returning government documents, according to the Guardian. This points to the possibility that both Bob and Corcoran could become witnesses in the obstruction investigation.

The question for federal prosecutors is whether Trump’s lawyers intentionally misled the Department of Justice so that Trump could keep the documents, or whether the lawyers made those statements because they were misled by Donald Trump. To determine the exact circumstances, the Department of Justice will likely have to move to summon both attorneys to give sworn testimony.

Privilege between attorney and client

Such a move would immediately confront the problem of attorney-client privilege because the type of information the Department of Justice would seek to extract for a potential obstruction case targeting Trump would be protected communications between Trump and his attorney. The privilege exists to protect the rights of defendants who may have committed a crime, as they must be able to speak openly with their attorney about what happened without fear that prosecutors may use their conversations against them at trial.

The protection can be removed by the so-called crime and fraud exception. But even if there is a felony fraud exception in Trump’s case, his attorneys can still invoke their Fifth Amendment right against self-incrimination if they intentionally mislead the government on his behalf.

Ultimately, the Justice Department issue is whether Attorney General Merrick Garland will agree to proceed with an extraordinary obstruction trial against the former president, or against his attorney. It appears that people close to the former president’s lawyer do not believe that either Bob or Corcoran will have to testify against Trump and withdraw from the legal team. One of them said that none of them had hired their lawyer.

Leave a Comment