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Pence may resist DoJ subpoena: crime/fraud and speech/debate will out [1]

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Date: 2023-02-14  

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.

Among the questions that the Justice Department has been examining since last year is whether Mr. Trump or his associates obstructed justice in failing to comply with demands to return a trove of government material he took with him from the White House upon leaving office, including hundreds of documents with classified markings.

Last May, the Justice Department issued a subpoena for any classified documents still in Mr. Trump’s possession, after he had voluntarily turned over an initial batch of material to the National Archives that turned out to include almost 200 classified documents. In June, Mr. Corcoran met with investigators and handed over more than 30 documents in response to the subpoena.

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[1] Url: https://www.dailykos.com/stories/2023/2/14/2153028/-Pence-resists-subpoena-crime-fraud-and-speech-debate-will-out

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