Prosecutors reportedly seek to compel Trump lawyer's testimony by citing crimes in classified papers case
Federal prosecutors investigating former President Donald Trump's mishandling of classified documents are seeking to compel one of his lawyers to testify about his work with Trump by suggesting those legal services were used in a crime, The New York Times and other news organizations reported Tuesday night.
The lawyer, Evan Corcoran, previously invoked attorney-client privilege repeatedly when asked certain questions before a federal grand jury, The Associated Press reports. Prosecutors working with Special Counsel Jack Smith have asked a federal judge to revoke that privilege in this case through the crime-fraud exception, suggesting they believe they have evidence Trump and maybe his allies committed a crime. The federal judge, Beryl Howell, will consider the motion in a closed-door hearing in Washington, D.C.
The Justice Department has already said Trump may have violated the law by keeping classified defense documents after leaving office and obstructing the effort by federal agents to get them back. It isn't clear if prosecutors, in invoking the crime-fraud exception, suspect criminal misconduct by Corcoran and Trump, Trump and other associates, or Trump alone, the Times reports.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Along with compelling Corcoran's testimony about Trump's handling of top secret government papers, prosecutors also want him to answer questions about one of Trump's top aides, ABC News reports. Smith's team has been asking a lot of questions about Trump associate Boris Epshteyn, who is deeply involved in Trump's legal defense in the several investigations, per the Times.
"It remains unclear whether Trump or anyone else will be charged, though the move is a notably aggressive act by Smith's team," AP reports. "Smith is separately investigating efforts by Trump and his allies to overturn the results of the 2020 election and recently subpoenaed former Vice President Mike Pence as part of that probe." Pence is trying to avoid that testimony through a separation-of-powers argument because he was acting as president of the Senate, not U.S. vice president, on Jan. 6.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
The rise in unregulated pregnancy scansUnder The Radar Industry body says some private scan clinics offer dangerously misleading advice
-
Democrats seek 2026 inspiration from special election routsIN THE SPOTLIGHT High-profile wins are helping a party demoralized by Trump’s reelection regain momentum
-
Film reviews: ‘Bugonia,’ ‘The Mastermind,’ and ‘Nouvelle Vague’feature A kidnapped CEO might only appear to be human, an amateurish art heist goes sideways, and Jean-Luc Godard’s ‘Breathless’ gets a lively homage
-
Democrats seek 2026 inspiration from special election routsIN THE SPOTLIGHT High-profile wins are helping a party demoralized by Trump’s reelection regain momentum
-
‘Not all news is bad’Instant Opinion Opinion, comment and editorials of the day
-
A most profitable presidencyfeature Donald Trump has added $3 billion to his wealth since returning to the White House. How?
-
Trump to partly fund SNAP as shutdown talks progressSpeed Read The administration has said it will cover about 50% of benefits
-
Trump’s White House ballroom: a threat to the republic?Talking Point Trump be far from the first US president to leave his mark on the Executive Mansion, but to critics his remodel is yet more overreach
-
‘Not every social scourge is an act of war’Instant Opinion Opinion, comment and editorials of the day
-
Pentagon unable to name boat strike casualtiesSpeed Read The Pentagon has so far acknowledged 14 strikes
-
41 political cartoons for October 2025Cartoons Editorial cartoonists take on Donald Trump, ICE, Stephen Miller, the government shutdown, a peace plan in the Middle East, Jeffrey Epstein, and more.
