Chief Judge James Boasberg has ordered the release of previously sealed court records from high-profile disputes over attorney-client privilege in Special Counsel Jack Smith’s investigations targeting former President Donald Trump.
The ruling applies to both Smith’s now-defunct election interference probe and his classified documents case. Boasberg’s decision comes after years of secrecy over the legal battles between Trump’s legal team and prosecutors.
What Will Be Unsealed
In the election case, Boasberg ordered the release of all opinions, orders, and docket sheets involving attorney-client privilege disputes.
In the classified documents case, he ordered the release of docket sheets and related court rulings on disputes over Trump’s lawyers’ testimony. The Justice Department will be allowed to propose redactions to protect grand jury material before the records become public.
Smith’s Aggressive Tactics
The disputes stem from Smith’s use of a D.C. grand jury, overseen by then-Chief Judge Beryl Howell, to force testimony from Trump’s attorneys. Howell repeatedly ruled against Trump — including ordering attorney Evan Corcoran to testify despite privilege protections. She invoked the “crime-fraud” exception, which allows privileged communications to be used if prosecutors claim they further a crime.
In July 2024, U.S. District Judge Aileen Cannon dismissed the classified documents case, ruling that Smith’s appointment and unlimited funding were unconstitutional. After Trump’s reelection, the DOJ dropped its appeals in both cases.
Public Disclosures Reduced Secrecy Claims
Boasberg noted that public filings, along with Trump’s own legal submissions, had already revealed much about these disputes. In the election case, prosecutors admitted at least 25 witnesses had withheld evidence under attorney-client privilege, prompting court orders to compel some of that information.
In the documents case, Trump filed redacted versions of Howell’s orders in Florida court, putting portions of those rulings into the public domain. However, Boasberg said lawyers’ names and certain details will remain redacted.
