Special Advisor Jack Smith under investigation Former President Donald Trump’s handling of classified documents has put pressure on one of Trump’s lawyers to testify before a grand jury, a person familiar with the matter told CBS News on Thursday.
Prosecutors say they need to know more about the purported June 24, 2022 phone call between Trump and his attorney Evan Corcoran. At the time, investigators were trying to secure documents at Trump’s home and video surveillance tapes of Mar-a-Lago.
ABC News first reported What investigators were trying to question Corcoran.
A person familiar with the investigation told CBS News that prosecutors wanted to know what Mr. Trump said in the conversation and whether he gave Mr. Corcoran any orders about how to handle the subpoena.
The lead judge overseeing the case is expected to make a decision in the next few days on whether Corcoran will be compelled to testify about the phone calls.
Corcoran appeared before a grand jury, but has so far refused to answer questions about his correspondence with Trump, claiming attorney-client privilege.
Prosecutors now took advantage of the “criminal fraud exception” when Corcoran was ordered to submit surveillance footage of his client Trump and Mar-a-Lago to investigators via a subpoena. is seeking to testify about the actions of the former president of
Under the Criminal Fraud Exception, attorney-client privileges do not apply if the discussion furthers illegal activity.
Key questions remain about how Trump responded to federal document requests and what he said to his lawyers before and after the FBI first searched Mar-a-Lago in August, according to another person close to the investigation.
Smith was named special counsel in November to oversee the Justice Department’s criminal investigation into Trump. This includes handling classified government documents and potentially sabotaging attempts to retrieve them, as well as attempting to interfere in the 2020 election.
Trump, who denies wrongdoing, has not been charged.
Corcoran was not available for comment when contacted by CBS News.