M. Evan Corcoran Called to Testify Before Grand Jury in Special Counsel Investigation

Donald Trump's former attorney, M. Evan Corcoran, is being asked to testify before a federal grand jury in the special counsel investigation into the former president's handling of classified documents.[0] Prosecutors allege that they have evidence that some of Trump's conversations with Corcoran were in furtherance of a crime, and are seeking to invoke the crime-fraud exception to attorney-client privilege, meaning the lawyer would not be able to cite the privilege to avoid testifying.[1]

Corcoran, a former federal prosecutor, served as lead Trump lawyer in responding to inquiries from the U.S. Justice Department when federal prosecutors started investigating the unauthorized retention of documents marked classified.[2] He also unsuccessfully defended MAGA ally Steve Bannon on contempt charges in July, and was observed entering the chambers of Chief Judge Beryl Howell for a sealed proceeding related to a grand jury matter in December.[3]

In January, Corcoran testified before the grand jury about the Mar-a-Lago classified documents.[4] Now, federal prosecutors are trying to make him return to be questioned again – without the ability to invoke attorney-client privilege.[4] It is unknown what questions Corcoran originally avoided during his previous appearance in front of the grand jury, nor what specific crime federal prosecutors cited to a judge while hoping to assert crime-fraud exception.[5]

Corcoran is one of three Trump lawyers who have now appeared before the grand jury in this investigation, alongside Christina Bobb and Steve Bannon's attorney.[6] Bobb signed a certification statement which indicated that Trump had fully complied with a grand jury subpoena and no longer had any classified materials at Mar-a-Lago.[1] This was later found to be untrue, as the FBI discovered during a search two months later.[1]

The special counsel's office is also probing into Donald Trump’s efforts to overturn the 2020 election and the January 6 riot, and has recently subpoenaed former Vice President Mike Pence and Trump's former national security adviser Robert O’Brien for documents and testimony. Pence is fighting the subpoena, citing the Constitution's “speech or debate clause.”[5]

Trump spokesperson called the move a “targeted, politically motivated witch hunt against President Trump, concocted to try and prevent the American people from returning him to the White House.[7]

0. “Tickle The Wire » M. Evan Corcoran” ticklethewire.com, 15 Feb. 2023, https://www.ticklethewire.com/tag/m-evan-corcoran/

1. “Special counsel seeks answers from Trump lawyer on classified docs” MSNBC, 15 Feb. 2023, https://www.msnbc.com/rachel-maddow-show/maddowblog/special-counsel-seeks-answers-trump-lawyer-classified-docs-rcna70746

2. “Three Trump lawyers have appeared before grand jury in documents inquiry” The Guardian US, 15 Feb. 2023, https://www.theguardian.com/us-news/2023/feb/14/trump-documents-mar-a-lago-lawyers-grand-jury

3. “Trump Lawyers Appeared Before Grand Jury as Part of Classified-Documents Probe” msnNOW, 11 Feb. 2023, https://www.msn.com/en-us/news/politics/trump-lawyers-appeared-before-grand-jury-as-part-of-classified-documents-probe/ar-AA17nhxd?li=BBnbfcL

4. “Prosecutors probing Mar-a-Lago documents want Trump's LAWYER to appear” Daily Mail, 15 Feb. 2023, https://www.dailymail.co.uk/news/article-11752111/Prosecutors-probing-Mar-Lago-documents-want-Trumps-LAWYER-appear.html

5. “Jack Smith Tightens the Screws on Donald Trump” Newsweek, 15 Feb. 2023, https://www.newsweek.com/trump-classified-documents-jack-smith-lawyer-1781323

6. “Second Trump attorney met with Mar-A-Lago probe grand jury in recent weeks” CNN, 12 Feb. 2023, https://www.cnn.com/2023/02/11/politics/christina-bobb-trump-mar-a-lago-grand-jury/index.html

7. “Authorities Request Evidence from Trump's Attorney, Alleging Criminal Activity | Godwin” NewsBreak Original, 15 Feb. 2023, https://original.newsbreak.com/@godwin-1602372/2925563205478-authorities-request-evidence-from-trump-s-attorney-alleging-criminal-activity