Special Counsel Jack Smith Takes Aggressive New Legal Strategy in Investigation of Former President Donald Trump’s Handling of Classified Documents

Special Counsel Jack Smith is taking an aggressive new legal strategy in the investigation into former President Donald Trump’s handling of classified documents. According to a source familiar with the matter, Smith has asked a judge to allow prosecutors to invoke the “crime fraud” exception, which would let them sidestep protections afforded to Trump lawyer Evan Corcoran through attorney-client privilege.

Prosecutors have alleged in writing to the judge that the former president used his attorney in furtherance of a crime or fraud, according to the source. The Justice Department is now seeking to compel Corcoran to provide additional testimony before a grand jury.

A sealed filing from prosecutors alleges they have evidence that some of Trump’s conversations with Corcoran were in furtherance of a crime, the source said. Corcoran recently appeared before the grand jury for roughly four hours and is the third attorney to testify before the grand jury. The source did not say what questions the government is trying to force Corcoran to answer.

The crime fraud exception is a legal doctrine that allows prosecutors to access information that would otherwise be protected by attorney-client privilege. It is rarely used and is considered a last resort for prosecutors.

The investigation into Trump’s handling of classified documents is ongoing and it is unclear what the outcome of the prosecutors’ motion will be. It is also unclear what implications this motion could have for the former president.