On Thursday, June 27, 2024, The Associated Press reported that U.S. District Judge Aileen Cannon granted former President Donald Trump’s request for a hearing regarding key evidence in his classified documents case.

Judge Cannon, who is presiding over the case in which Trump is accused of illegally holding classified materials at his Mar-a-Lago estate after leaving office, agreed to Trump’s demand for an evidentiary hearing on whether prosecutors improperly obtained evidence from one of his former attorneys. This evidence includes audio recordings and quotes from conversations between Trump and his lawyer about documents requested by the FBI.

Trump’s lawyers have argued that the recorded conversations between the former president and attorney M. Evan Corcoran should be protected by attorney-client privilege. However, prosecutors obtained approval from a different judge last year to use this evidence, citing the crime-fraud exception which allows privileged communications to be accessed if they furthered a crime.

Judge Cannon, in her order allowing the requested hearing, said it was the court’s duty to make fresh factual findings on whether the crime-fraud exception was properly applied in this case. She rejected concerns from prosecutors that the hearing could become a “mini-trial,” saying properly conducted evidentiary hearings did not constitute unwarranted delays or wasted resources.

The order means further postponement of Trump’s trial, which had been scheduled for May but is now indefinitely delayed. It also ensures Judge Cannon will re-examine the previous judge’s ruling that permitted investigators to obtain Corcoran’s grand jury testimony and recordings of his conversations with Trump about classified documents at Mar-a-Lago.

In her order, Judge Cannon denied a separate request from Trump’s lawyers for a hearing on their claims that the search warrant application submitted by prosecutors contained false or misleading information. She found the alleged omissions raised by the defense did not affect the establishment of probable cause for the search.



Source: The Associated Press