A hearing is scheduled for Wednesday in the case involving the government's classified documents against former President Trump. His defense team will argue that Trump's due process rights were violated during an FBI raid on his Mar-a-Lago property, where attorney-client privilege was allegedly breached.
The sealed hearing at 11 a.m. will not be open to the press or the public. This private session aims to protect materials subject to grand jury secrecy or those Trump's team claims fall under attorney-client privilege or work product protection.
Following the closed hearing, a public session is set for 1 p.m. to address the matter.
In August 2022, FBI agents raided Mar-a-Lago in Palm Beach, Florida, and reportedly seized 15 boxes of classified materials.
Trump's defense contends that evidence obtained during the search should be invalidated due to alleged Fourth Amendment violations, citing lack of specificity in the warrant.
The defense team also challenges the standing of Special Counsel Jack Smith's office to use the good-faith exception to retain evidence from the search, alleging misconduct by the agents involved.
Trump's lawyers assert that the government misled a judge to secure the search warrant and argue that attorney-client privilege was compromised during the raid.
They claim that the special counsel unlawfully accessed legal communications between Trump and his lawyer, protected by attorney-client privilege. The defense argues against the application of the crime-fraud exception, which they believe should not apply to Trump's lawyer, M. Evan Corcoran.
Trump's legal team maintains that the prosecution failed to meet the criteria for the crime-fraud exception, as they argue that the communications in question did not involve criminal activities.
In a request made in May, Trump's defense seeks to suppress evidence seized during the raid that allegedly violated attorney-client privilege and dismiss the superseding indictment from the special counsel's office.
