Special counsel might think there are still more classified documents out there: expert

An appeals court shot down the idea of Donald Trump's lawyer not testifying about the documents scandal. It means that Trump's lawyer, Evan Corcoran, must testify about the documents.

Lawfare editor Scott R. Anderson said that folks are not "grasping how strange it is for the D.C. Circuit to have moved at lightning speed on this. Or what I think it might mean that DOJ thinks there is still classified information in the wild and Corcoran can lead them to it."

The New York Times report about the appeals court decision noted several details about special counsel Jack Smith's investigation.

"About three weeks after Mr. Corcoran’s meeting with investigators in June, federal prosecutors issued another subpoena — this one for surveillance footage from a camera near a storage room at Mar-a-Lago," said the Times report. "Among the subjects that Mr. Smith’s office wants Mr. Corcoran to testify about is a phone call he had with Mr. Trump around the time that the subpoena for the video footage was issued, according to a person familiar with the matter."

The report goes on to say that prosecutors also want to know details about two men that were caught on the surveillance footage moving boxes from the storage room, those familiar told the Times.

"One of the men was Waltine Nauta, a former White House aide who went to work for Mr. Trump in Florida. The other was a worker at Mar-a-Lago," the report said.

The judge agreed that the government met the threshold for breaching attorney-client privilege, but as part of the comments, Judge Beryl Howell told Corcoran that he must turn over "most of the legal documents he had tried to withhold and return to the grand jury to more fully answer the prosecutors’ questions."