Trump Lawyer's Testimony 'Clear Evidence' of His State of Mind: Attorney

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A testimony from one of Donald Trump's lawyers provides "clear evidence" of the former president's state of mind when he allegedly refused to return classified documents after leaving office, according to a former U.S. attorney.

Trump was indicted in June by the Department of Justice (DOJ) for mishandling presidential records by keeping them at his Mar-a-Lago home in Florida after vacating the presidency and then obstructing the government's efforts to retrieve them.

Documents that Trump had in his possession included "information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its Allies to military attack; and plans for possible retaliation in response to a foreign attack."

Trump has pleaded not guilty and denied any wrongdoing in the case.

Donald Trump
Donald Trump at Williams-Brice Stadium on November 25, 2023, in Columbia, South Carolina. A testimony from one of Trump's lawyers provides "clear evidence" of the former president's state of mind when he allegedly refused to... Jacob Kupferman/Getty Images

Jennifer Little, one of Trump's current lawyers, told a grand jury overseen by Special Counsel Jack Smith this year that within days of the DOJ issuing a subpoena last year for all the classified documents Trump had at his Florida home, she "very clearly" warned the former president that if he did not comply "it's going to be a crime," sources familiar with the matter told ABC. Little said that Trump "absolutely" understood her warning, according to the sources. Newsweek could not independently verify ABC's sources.

Evan Corcoran, another one of Trump's attorneys, also told investigators that he warned Trump about complying with the subpoena, telling him that authorities may search his Florida home if he did not. The FBI later raided Mar-a-Lago in August 2022.

Newsweek reached out to Little via online form and Trump's team via email for comment.

Joyce Vance, who served as the U.S. attorney for the Northern District of Alabama during the Obama administration, took to X, formerly Twitter, to share her take on the situation.

"A Trump attorney told prosecutors she warned him 'it's going to be a crime' if you didn't comply with a subpoena for classified docs & then lie about it. She said he understood. Clear evidence of state of mind. Too bad Judge Cannon is delaying the trial," Vance wrote.

Newsweek reached out to Vance via email for comment.

Trump's trial is still set for May 2024, despite efforts from Trump to delay the trial until after the presidential election in November 2024, in which he is the GOP front-runner. Judge Aileen Cannon who is presiding over the trial has already moved some deadlines in the case and says that she will revisit moving the trial date in early March.

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About the writer

Rachel Dobkin is a Newsweek reporter based in New York. Her focus is reporting on politics. Rachel joined Newsweek in October 2023. She is a graduate of The State University of New York at Oneonta. You can get in touch with Rachel by emailing r.dobkin@newsweek.com. Languages: English.


Rachel Dobkin is a Newsweek reporter based in New York. Her focus is reporting on politics. Rachel joined Newsweek in ... Read more