Judge orders hearing to consider tossing key evidence in Trump classified docs case
Judge orders hearing to consider tossing key evidence in Trump classified docs case
At issue is whether the evidence is protected by attorney-client privilege.
ByKatherine Faulders and Peter Charalambous
June 27, 2024, 4:30 PM
The federal judge overseeing Donald Trump's classified documents case on Thursday ordered an additional hearing to determine whether prosecutors improperly used evidence protected by attorney-client privilege to secure their indictment against the former president.
In an 11-page ruling issued, Judge Aileen Cannon wrote that an additional hearing was necessary to resolve "pertinent factual disputes" related to key evidence in the case.
MORE: Trump expressed concern that returning classified docs after subpoena could result in criminal charges, according to sealed notes
As previously reported by ABC News, prosecutors have relied on the notes of Trump’s former lead attorney Evan Corcoran to support their allegations that the former president obstructed justice by hiding classified documents from investigators.
After a federal judge in Washington D.C. determined last year that the notes were not protected by attorney-client privilege because Trump used his attorney in furtherance of a crime, defense attorneys asked Cannon to reconsider whether the evidence should be tossed out.
Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga.Mike Stewart/AP
Judge Cannon wrote in Thursday's order that she would set a date for the hearing in a separate order.
She heard arguments on the defense motion to suppress the evidence during a sealed hearing on Tuesday morning.
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents and took steps to thwart the government's efforts to get the documents back.
Trump has denied all charges and denounced the probe as a political witch hunt.
This is a developing story. Please check back for updates.