DC Circuit Issues Lightning-Fast Order Requiring Trump Lawyer To Turn Over Docs To Special Counsel

The court swatted away a Trump argument in less than 24 hours.
PALM BEACH, FLORIDA - NOVEMBER 15: Former U.S. President Donald Trump waves after speaking during an event at his Mar-a-Lago home on November 15, 2022 in Palm Beach, Florida. Trump announced that he was seeking anoth... PALM BEACH, FLORIDA - NOVEMBER 15: Former U.S. President Donald Trump waves after speaking during an event at his Mar-a-Lago home on November 15, 2022 in Palm Beach, Florida. Trump announced that he was seeking another term in office and officially launched his 2024 presidential campaign. (Photo by Joe Raedle/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

A federal appeals court took less than a day to bat away an attempt from President Trump to block an attorney of his from participating in Jack Smith’s investigation.

A three-judge panel on the D.C. Circuit Court of Appeals upheld a lower court ruling on Wednesday and ordered Trump attorney Evan Corcoran to hand over records to Smith’s investigation, per a docket entry. The order itself is sealed, as were the lower court’s rulings.

CNN reported that, per the ruling, Corcoran would also be required to testify before the grand jury. That is likely to take place on Friday.

Corcoran came into Smith’s sights for his involvement in the Mar-a-Lago records investigation, in which Trump is suspected of illegally retaining classified government records after leaving office.

Smith asked former chief D.C. judge Beryl Howell to pierce the attorney-client privilege that bound Corcoran from discussing his work on the Mar-a-Lago case with Trump. Secrecy rules between lawyers and their clients can be broken if a judge determines that the privilege was likely used in furtherance of a crime.

Lo and behold, reports indicate that Judge Howell agreed with federal prosecutors that Trump likely committed a crime in his dealings with Corcoran. One report said that Howell found that Trump likely lied to Corcoran in an effort to continue retaining the records, though it specified that Howell said that evidence presented by prosecutors fell short of what would be needed to bring criminal charges against Trump.

Trump appealed that ruling, and drew a panel of judges who had all been appointed by various Democratic presidents.

In the past, appeals panels have largely ruled against Trump as he has sought to stymie criminal investigations. Many of them, however, have allowed the cases to drag on for weeks and, in some cases, months, delaying the investigation while eventually restating bedrock principles of law that lead to his defeat in court.

In this case, the court asked Trump’s attorneys to file a brief by midnight. The DOJ had a 6 a.m. deadline to respond.

The ruling came in after 3:00 p.m. EST, affirming Howell’s ruling as it applied to documents.

Latest News

Notable Replies

  1. So much winning.

    “We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore. Mr. President, it’s too much.’”
    — Cadet Cockholster mit der Bone Spurs von Queens, April 12, 2016

  2. But you can’t make up your mind when the facts are all on your side so quickly! You have to be deliberate and slow.

    Nice to see that the wheels of justice don’t grind so slowly all the time.

  3. Trump is our retribution lol

  4. Well past time to speed up Trump’s demise.

Continue the discussion at forums.talkingpointsmemo.com

116 more replies

Participants

Avatar for lestatdelc Avatar for heart Avatar for paulw Avatar for srfromgr Avatar for littlegirlblue Avatar for steviedee111 Avatar for inversion Avatar for chelsea530 Avatar for arrendis Avatar for lastroth Avatar for alyoshakaramazov1 Avatar for robcat2075 Avatar for leftcoaster Avatar for darrtown Avatar for thunderclapnewman Avatar for blogamator Avatar for known_thespian Avatar for tmulcaire Avatar for bcgister Avatar for occamscoin Avatar for txlawyer Avatar for rogerhead Avatar for emiliano4 Avatar for ClutchCargo

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: