In Trump probe, US seeks to pierce attorney-client privilege

Yeah, my name is erIC tucker and I cover the FBI Justice Department and National Security for the Associated Press. We are learning new details about *** classified documents investigation involving former Vice President Mike Pence the FBI is searching his indiana home for possible classified documents. This comes after Pence's own attorneys had discovered what they said was *** small number of documents, very classified markings during *** search of his home last month. But we also have new news about the fact that Mike Pence has been subpoenaed by the special counsel as part of *** separate investigation involving efforts by Donald trump to overturn the 2020 presidential election. And the special counsel has summoned Mike Pence to provide testimony to *** grand jury that is hearing evidence in that matter. Mike Pence is clearly *** *** really natural and obvious witness for the Justice Department as it tries to identify people who may be able to speak to Donald Trump's state of mind and the steps he was taking along with his allies to undo the results of the 2020 election. Mike Pence was really in the center of it because as you'll recall Trump and others pushed this idea that despite pence's ceremonial role overseeing the election, that he somehow had the authority to turn the way the electors from the states that trump was contesting and disputing. And if if Pence were to have done that, that would have sent the results back to the States and basically thrown the results into chaos. Pence correctly determined that he did not have the authority to do that. And so Jack smith, the special counsel wants to hear from him. So this subpoena to mike Pence sets off what we expect to be *** closed door privilege fight. The privilege belongs with Donald trump. So he would be the one in position to try to block or limit mike Pence's testimony. We don't know if that's gonna happen and it's worth noting that other very senior trump. Administration officials have already appeared before the grand jury. It's not clear that trump really has ample or good grounds to try to block mike Pence's testimony. These developments, the subpoena and the FBI search are coming as many expect mike Pence to enter the 2024 presidential race, which would pit him against Donald trump the former president. And so it is impossible to untangle the legal and political implications here because there's *** lot that's happening in the weeks and months ahead in the political realm about Mike Pence's potential 2020 for candidacy. And so this is all happening at *** very interesting moment

Related video above: FBI searches Pence home amid subpoena requestJustice Department prosecutors investigating the mishandling of classified documents at Donald Trump's Florida estate are seeking to pierce the attorney-client privilege and want to again question one of the former president's lawyers before a grand jury, a person familiar with the matter said Tuesday night.The privilege protects lawyers from having to tell prosecutors about confidential conversations their clients have with them. But prosecutors can get around that privilege if they can convince a judge that the communications they want information about were made in furtherance of a crime — a principle known as the crime-fraud exception.Prosecutors have already questioned M. Evan Corcoran before a grand jury, but he repeatedly invoked attorney-client privilege in declining to answer certain questions, according to the person who spoke with The Associated Press and insisted on anonymity to discuss an ongoing investigation. They're seeking to question him again, and want to be able to move past attorney-client privilege, the person said.The request from prosecutors working with special counsel Jack Smith is expected to lead to closed-door arguments before the chief judge of the District of Columbia federal court about whether prosecutors can compel Corcoran to answer their questions about his conversations with Trump.It is not the first time during the course of the investigation prosecutors have raised the specter of criminal conduct in connection with the Mar-a-Lago investigation. Last August the Justice Department revealed in a search warrant affidavit that it had probable cause to investigate the unlawful retention of national defense information as well as efforts to obstruct that probe.It remains unclear whether Trump or anyone else will be charged, though the move is a notably aggressive act by Smith's team. A war crimes prosecutor who previously led the Justice Department's public corruption section, 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.A spokesman for Smith did not return a call seeking comment Tuesday night, and Corcoran did not return an email seeking comment.Trump's lawyers and representatives have featured prominently for months in the investigation into the retention by Trump of roughly 300 documents with classified markings at Mar-a-Lago. The Justice Department issued a subpoena last May to recover any remaining classified documents at Mar-a-Lago, but officials who visited the property were given a folder containing only about three dozen records.One of Trump's lawyers, Christina Bobb, signed a letter stating that a "diligent search" had been conducted for classified documents and that all such records had been returned to the government. She told FBI investigators in an interview last fall that she had not drafted the letter and that Corcoran was the one who prepared it and asked her to sign it in her role as custodian of records.But Justice Department say they subsequently developed evidence that led them to suspect that additional classified records remained at the property. FBI agents returned in August with a search warrant, removing roughly 100 documents with classified markings.The New York Times first reported that the Justice Department was seeking to pierce attorney-client privilege.

Related video above: FBI searches Pence home amid subpoena request

Justice Department prosecutors investigating the mishandling of classified documents at Donald Trump's Florida estate are seeking to pierce the attorney-client privilege and want to again question one of the former president's lawyers before a grand jury, a person familiar with the matter said Tuesday night.

The privilege protects lawyers from having to tell prosecutors about confidential conversations their clients have with them. But prosecutors can get around that privilege if they can convince a judge that the communications they want information about were made in furtherance of a crime — a principle known as the crime-fraud exception.

Prosecutors have already questioned M. Evan Corcoran before a grand jury, but he repeatedly invoked attorney-client privilege in declining to answer certain questions, according to the person who spoke with The Associated Press and insisted on anonymity to discuss an ongoing investigation. They're seeking to question him again, and want to be able to move past attorney-client privilege, the person said.

Attorney M. Evan Corcoran

The request from prosecutors working with special counsel Jack Smith is expected to lead to closed-door arguments before the chief judge of the District of Columbia federal court about whether prosecutors can compel Corcoran to answer their questions about his conversations with Trump.

It is not the first time during the course of the investigation prosecutors have raised the specter of criminal conduct in connection with the Mar-a-Lago investigation. Last August the Justice Department revealed in a search warrant affidavit that it had probable cause to investigate the unlawful retention of national defense information as well as efforts to obstruct that probe.

It remains unclear whether Trump or anyone else will be charged, though the move is a notably aggressive act by Smith's team. A war crimes prosecutor who previously led the Justice Department's public corruption section, 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.

A spokesman for Smith did not return a call seeking comment Tuesday night, and Corcoran did not return an email seeking comment.

Trump's lawyers and representatives have featured prominently for months in the investigation into the retention by Trump of roughly 300 documents with classified markings at Mar-a-Lago. The Justice Department issued a subpoena last May to recover any remaining classified documents at Mar-a-Lago, but officials who visited the property were given a folder containing only about three dozen records.

One of Trump's lawyers, Christina Bobb, signed a letter stating that a "diligent search" had been conducted for classified documents and that all such records had been returned to the government. She told FBI investigators in an interview last fall that she had not drafted the letter and that Corcoran was the one who prepared it and asked her to sign it in her role as custodian of records.

But Justice Department say they subsequently developed evidence that led them to suspect that additional classified records remained at the property. FBI agents returned in August with a search warrant, removing roughly 100 documents with classified markings.

The New York Times first reported that the Justice Department was seeking to pierce attorney-client privilege.

��vlog