Special counsel Jack Smith is locked in at least eight secret court battles that aim to unearth some of the most closely held details about Donald Trump's actions after the 2020 election and handling of classified material, according to sources and court records reviewed by CNN.
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Special counsel is locked in at least 8 secret court battles in Trump investigations
Special counsel Jack Smith is locked in at least eight secret court battles that aim to unearth some of the most closely held details about Donald Trump’s actions after the 2020 election and handling of classified material, according to sources and court records reviewed by CNN.
The outcome of these disputes could have far-reaching implications, as they revolve around a 2024 presidential candidate and could lead courts to shape the law around the presidency, separation of powers and attorney-client confidentiality in ways they’ve never done before.
Yet almost all of the proceedings are sealed, and filings and decisions aren’t public.
The sheer number of grand jury challenges from potential witnesses is both a reflection of the scope of the special counsel’s investigation and a hallmark of Trump’s ultra-combative style in the face of investigations.
By comparison, Robert Mueller’s grand jury investigation into Trump had a smattering of sealed proceedings where investigators used the court to pry for more answers, and independent counsel Kenneth Starr’s Whitewater investigation ultimately totaled seven similar sealed cases.
A key sealed case revealed Wednesday is an attempt to force more answers about direct conversations between Trump and his defense attorney Evan Corcoran, where the Justice Department is arguing the investigation found evidence the conversations may be part of furthering or covering up a crime related to the Mar-a-Lago document boxes.
A spokesman for Smith’s office declined to comment.
About half a dozen cases are still ongoing in court, either before Chief Judge Beryl Howell or in the appeals court above her, the DC Circuit. Most appear to follow the typical arc of miscellaneous cases that arise during grand jury investigations, where prosecutors sometimes use the court to enforce their subpoenas.
More challenges from subpoenaed witnesses – including former Vice President Mike Pence – are expected to be filed in the coming days, likely under seal as well. Pence may raise novel questions about the protections around the vice presidency.
Investigations that implicate government officials often beget sealed court proceedings, because confidential grand jury witnesses become more likely to assert privileges that prompt prosecutors to ask judges to compel more answers, criminal law experts say.
“I think we are in extraordinary times. Part of it is I think President Trump continues to assert these theories long after they’ve been batted away by the court,” Neil Eggleston, a former White House counsel who argued for executive privilege during the Clinton administration and the Whitewater investigation.
In Whitewater, after the court in DC ruled that privilege claims wouldn’t hold up when a federal grand jury needed information, other witnesses shied away from trying to refuse to testify, Eggleston recalled. But in the Trump investigations, witnesses aligned continue to test whether he still may have special confidentiality protections.
Still, the number of cases is out of the ordinary.
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He still seems to be lining up witnesses for the documents case and is full steam ahead on J6. There is a reason Garland gave Jack those two separate cases, the documents and J6, and he will use the documents case to leverage on theJ6 case. Once the kingpin goes down before there are indictments over J6, it will loosen some tongues and they won't need to give deals for Donald over J6, if he is convicted of the documents and obstruction of justice.
