Hump Day open thread: LET'S F***ING GO!
I was planning on writing a different piece for today, which you shall be forced to read tomorrow. But we had this late-breaking news last night:
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.
If Corcoran thinks he can avoid answering this questions, he will be in for a shock:
It remains unclear what questions Mr. Corcoran sought to avoid answering by asserting attorney-client privilege or what crime the Justice Department cited in invoking the crime-fraud exception in its motion to Judge Beryl A. Howell, the chief judge in the Washington federal courthouse, who oversees all grand jury matters.
But after his appearance in front of the grand jury, Mr. Corcoran received notice that the Justice Department was seeking to use the exception to break through his assertions of privilege, the people familiar with the matter said. Judge Howell, who has consistently decided in the government’s favor on privilege issues surrounding Mr. Trump, will ultimately rule on the department’s request about Mr. Corcoran. She will be stepping down from the position of chief judge next month.
Corcoran is the third of Trump's lawyers to have appeared before the grand jury under Special Counsel Jack Smith, along with Alina Habba and Christina Bobb. It's understandable, under ethics rules, that none of these attorneys would voluntarily break attorney-client privilege. But it seems that Smith is going full tilt, and the judiciary will back him up. (And no, the Supreme Court won't save Trump. It has failed to do so to this point.)
Although not quite at the dramatic pace of a Law & Order episode, the investigation is gathering a head of steam. This is on top of some of the Fulton County, GA, grand jury's report being unsealed tomorrow. District Attorney Fani Willis may beat Jack Smith to the punch. And Manhattan DA Alvin Bragg is investigating the sordid Stormy Daniels affair. By this summer we could see Donald Trump in court before three different jurisdictions.
I understand the frustration and skepticism on our side of Trump ever seeing justice. After all, we just saw Texas Attorney General Ken Paxton get a slap on the wrist. Men like Trump seem to never face consequences. But Trump is such an egregious cancer on our body politic that the usual rules have gone out the window. I'm firmly convinced he will meet justice in one, if not all three, cases. And it will be a signal warning to future autocrats: this Republic is stronger than you.
***
Like what you're reading? Never miss another post! Get notified via email here.
Donate at the link below to keep us going.