Tomorrow Could Be More Critical For Trump’s Legal Peril Than A Monday Manhattan DA Indictment

I know, I know, you’re all as bummed as I am at having to wait yet another weekend before finally seeing Traitor Tot get what’s coming to him. But be stout of heart, for tomorrow may be far more damaging to Trump’s long term golf course privileges than any Manhattan DA indictment.

Because Trump lawyer Evan Corcoran is in the hurt locker. You all remember good old Evan, I wrote about him. He’s the one who coordinated with another Trump lawyer to jury rig together a bullshit proclamation for the FBI and DOJ in June saying how every classified document Trump took was now back in the government’s possession. But not being stupid enough to get disbarred for Trump, they pressured junior coffee lawyer Christina Bobb to sign it for them and turn it in.

Obviously Special Counsel Jack Smith would want to have a chat with Corcoran about that in front of the grand jury, but also as expected, Corcoran claimed attorney-client privilege to keep from testifying. And that set in motion a legal brouhaha like nothing I’ve ever seen before.

DC Chief District Judge Beryl Howell ruled that the government had conclusively proved that Trump had committed crimes, and allowed the prosecution to examine Corcoran under oath in the grand jury on six different issues.

Of course Corcoran appealed, and here’s where it runs off the rails. The appellate court accepted the case, and stayed Howell’s ruling, but they only gave Corcoran’s lawyers until midnight to file their official appeal, and gave Smith until 6 am to file his rebuttal, for a hearing to begin at 11 am. Obviously the federal judicial system is sick of Trump’s appeal-and-delay tactics.

The appellate court heard the arguments, and within minutes ruled in favor of Smith and the prosecution. The court lifted the stay, and ordered Corcoran to be ready to appear in front of the grand jury, with the requested documents as soon as tomorrow.

I know, so what? Corcoran just appeals to the Supreme Court and runs some more clock. Except no. According to my understanding, the Supreme Court does not rule on pre-trial motions. If Trump is convicted, his defense can argue on appeal for an improper ruling on the crime-fraud exemption, but for now Corcoran is one-and-done.

Which sets up an apocalyptic decision for Corcoran. Smith’s assertion is that when that bogus letter was created, Trump himself gave to go ahead to Corcoran to create the letter, knowing full well that it was a lie. And if that’s the case, and Corcoran testifies to it, that’s enough for Smith to pile a criminal conspiracy charge on Trump. But here’s the nub. Who would be the co-conspirator?

Why, Evan Corcoran of course! After all, Corcoran was coordinating with Trump, and he had to know whether a thorough, exhaustive search had been conducted or not. Spoiler Alert! If it had, there would have been no reason for Corcoran to have Bobb sign the document, he could have done it himself. But he didn’t.

And so, tomorrow Evan Corcoran is about to have a Come to Jesus moment. Corcoran has no choice, he must turn over the requested documents. But under questioning, does he answer truthfully, trying to make a good impression, or does he see legal culpability for himself and plead the 5th Amendment?

And if he goes the 5th Amendment route, then Jack Smith has a tactical decision to make. Does he override Corcoran by announcing he’s giving him criminal immunity, requiring Corcoran to testify truthfully with no fear of future criminal prosecution? Or does Smith decide that his other information and testimony is strong enough to charge Trump, take Corcoran’s documents, release him from the grand jury and then indict him when the time is right?

My personal take? Jack Smith is a seasoned, veteran prosecutor. His last job before Merrick Garland pulled him back was working as a prosecuting attorney for the International Crimes Court at The Hague. Jack Smith doesn’t go before Chief District Judge Beryl Howell on a fishing expedition trying to prove that The Cheeto Prophet conspired to spread false documentation. And Howell herself confirmed it in her ruling, when she said that the prosecution had conclusively proved that defendant Trump had committed crimes in association of the letter. The only question left to answer is whether of not Evan Corcoran was complicit in the crime, and if so, does he want to go down for it?

So yes, we all have to wait until Monday to see if Trump finally goes down for his crimes. But Evan Corcoran is scheduled to go before the grand jury tomorrow, and the decisions he makes in that room may well determine whether or not he goes down and does long time, or whether he implicates Trump in the conspiracy, one way or the other, exposing Trump to more hard time. Whatever you do tomorrow, Don’t touch that dial.