In January 2023, Corcoran was subpoenaed and appeared before a grand jury and testified for about four hours, but he invoked
attorney–client privilege to avoid answering certain questions about his conversations with President Trump. Special counsel
Jack Smith in turn asked federal judge
Beryl A. Howell in February to invoke the
crime-fraud exception, arguing that Corcoran's communications with Trump were not protected by attorney-client privilege based on the
crime-fraud exception. On March 17, 2023, Howell ruled that DOJ had justified the crime-fraud exception, and she ordered Corcoran to testify again. On March 22 the
United States Court of Appeals for the District of Columbia Circuit rejected Trump's appeal by 3–0, forcing Corcoran to testify to the grand jury about his role in responding to the subpoena for documents and to turn over his contemporaneous notes.
The Guardian reported two months later that Corcoran's roughly 50 pages of notes memorialized how he had warned Trump that he could not retain any subpoenaed classified documents, as well as the fact that Trump's valet
Walt Nauta, himself under scrutiny in the criminal investigation, was closely involved in Corcoran's efforts to locate classified documents.
The Guardian also reported that Corcoran's notes suggested the storage room, where he was searching, might have been left unattended when Corcoran took breaks.
CNN subsequently confirmed some of the ''Guardian's'' reporting on Corcoran's notes. In April 2023, on the eve of his testimony, Corcoran recused himself from the documents case while continuing to represent Trump in other cases. In May 2023, the
Guardian reported that Corcoran had told associates he believed he had been misled when he searched Mar-a-Lago for classified documents in response to the subpoena. According to the report, Corcoran was said to have asked if there was anywhere other than the storage room he should look, including Trump's office, but that he was steered away. When the FBI returned months later with a search warrant, agents found classified documents located in Trump's office, among other places. After the indictment of President Trump, Corcoran’s notes were at the center of a legal battle in the classified documents case, and Judge
Aileen Cannon, the judge overseeing the case, heard arguments from the parties on whether “to limit prosecutors' use of the notes and to have the entire case dismissed based on the role of the notes in the government's case.” On August 24, 2023, Corcoran accompanied President Trump to his arraignment in the U.S. District Court for the District of Columbia, on separate federal charges brought by special counsel Jack Smith relating to efforts to overturn the 2020 presidential election. On September 19, 2023, President Trump designated Corcoran, along with attorney Todd Blanche, as his sole representatives under the Presidential Records Act in all respects that pertain to access to the records of his Presidency. On November 25, 2024, following President Trump’s election as the 47th U.S. President, Special Counsel Jack Smith dropped the classified documents case. == References ==