UPDATE: Wednesday, Mar 22, 2023 · 1:25:01 AM +00:00 · KeithDB
SIGNIFICANT UPDATE
As noted in the main article below, Trump filed an appeal with the D.C. Court of Appeal today appeal Judge Howell’s order compelling Evan Corcoran to testify. Unless the D.C. Circuit intervened he would have to testify.
The D.C. Circuit just intervened technically staying Howell’s order. However, they set a briefing schedule like I have never seen. Team Trump must respond by midnight tonight (yes, Tuesday night, less than 3 hours from when I write this) and the DOJ must respond by 6 a.m. tomorrow (Wednesday) morning.
My impression of this is they intend to deny it but are providing an appearance of due process. I believe they are also sending a strong message that the courts are fed up with Trump’s stalling tactics. They will probably rule tomorrow.
Last Friday Federal Judge Beryl Howell ruled that Trump attorney Evan Corcoran must testify to Jack Smith’s grand jury. In the sealed ruling the judge found the attorney/client privilege was pierced by the crime/fraud exception, meaning Trump’s communications with the attorney were in the furtherance of a crime.
Tonight, ABC News is reporting that much more. ABC News reports that the judge found there is “compelling preliminary evidence” that Trump “knowingly and deliberately” misled his attorney about retaining classified documents.
This does much to explain why Smith has been working so hard to secure the testimony of Trump attorneys. He needs to know exactly what Trump said to them and when. The information goes to the heart of proving intent by Trump and obstruction of justice.
Judge Howell also immediately turned over to the DOJ some of Corcoran’s documents she reviewed in camera. Clearly the judge felt confident doing so would hold up later based on what she saw in them and from the DOJ’s presentation of the case. Then there is little nugget from ABC:
Sources added that Howell also ordered Corcoran to hand over a number of records tied to what Howell described as Trump's alleged "criminal scheme," echoing prosecutors. Those records include handwritten notes, invoices, and transcriptions of personal audio recordings.
Trump today appealed Howell’s decision. If anything close to the ABC News reporting is true, that appeal doesn’t have a chance. I honestly think this report will produce noticeable erosion of Republican support for Trump on legal issues, to include in the Bragg case.
