Court finds enough evidence to compel Trump lawyer to testify for secret Mar-a-Lago papers

By Michael Kosnar, Ken Dilanian and Rebecca Shabad —

The office of special counsel Jack Smith has presented sufficient evidence to establish that former President Donald Trump committed a crime through his lawyers, Washington DC District Judge Beryl Howell ruled late Friday.

Their ruling did not decide whether Trump is guilty of a crime, but whether his lawyer is required to testify in the case, a source familiar with the process told NBC News.

Prosecutor wants to subpoena Trump's lawyer for investigation into handling of classified documents

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Howell ruled in favor of applying the "criminal fraud" exception to Trump's attorney-client privilege, ordering Trump's attorney, Evan Corcoran, to testify before the federal grand jury.

Trump's legal team has appealed the ruling, the source quoted by NBC News said.

The decision was first reported by ABC News.

[Trump says "illegal leaks" indicate he will be arrested Tuesday in New York]

An appeals court refused to block the judge's decision that Corcoran should testify, according to the CNN news network.

The Justice Department declined to comment, and Corcoran did not respond to requests from NBC.

In the new search of a Biden property, the FBI found no other classified documents

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Smith was appointed in November by Attorney General Merrick Garland to investigate Trump's handling of classified documents and his role in the January 6 insurrection.

NBC News indicated in February that Smith wanted to force Corcoran to testify.

Corcoran instructed another Trump lawyer, Christina Bobb, to sign a statement in June telling the Justice Department that a search of classified documents had turned up no additional material.

However, the FBI discovered in August that it was not true when it found 100 classified documents in its Mar-a-lago registry.