The federal judge presiding over the classified documents case of former President Donald Trump granted a defence request for a hearing on whether prosecutors improperly breached attorney-client privilege when they obtained crucial evidence from one of Trump's ex-lawyers.
But U.S. District Judge Aileen Cannon also denied a request for a hearing on a separate Trump team claim that the Justice Department had submitted false or misleading information in an application for a warrant to search the Republican ex-president's Florida estate for classified records two years ago.
The order amounts to a mixed result for both sides and ensures further delays in a criminal case that has already been snarled by significant postponements, resulting in the indefinite postponement of a trial that had been set to begin on May 20 in Fort Pierce, Florida.
In a bid to suppress as evidence the classified documents seized by the FBI during the Aug. 8, 2022, Mar-a-Lago search, defence lawyers have said the Justice Department omitted or misrepresented certain facts in its application to a magistrate judge to obtain a warrant. They argued, for instance, that the application should have noted that a senior FBI official proposed seeking the consent of Trump's lawyers for a search rather than obtaining a court-authorized search warrant.
But Cannon sided with special counsel Jack Smith's team in finding that neither that nor any other of the alleged omissions raised by the defence had any bearing on whether or not prosecutors had sufficient probable cause to search the property.
"Even accepting those statements by the high-level FBI official, the Motion offers an insufficient basis to believe that inclusion in the affidavit of that official's perspective (or of the dissenting views of other FBI agents as referenced generally in his testimony) would have altered the evidentiary calculus in support of probable cause for the alleged offences," Cannon wrote.
But her order was not a complete win for the government as she said she would schedule a separate hearing to consider the question of whether prosecutors had improperly obtained the cooperation of Trump's lawyers through an exception to attorney-client privilege.
Defence lawyers are ordinarily shielded from being forced to testify about their confidential conversations with their client but can be compelled to do so if prosecutors can show that their legal services were used in furtherance of a crime 鈥 a doctrine known as the crime-fraud exception.
The then-chief federal judge in the District of Columbia, Beryl Howell, agreed with Smith's team that the exception applied and ordered grand jury testimony from two of Trump's lawyers. She also directed one of his lawyers, M. Evan Corcoran, to turn over audio recordings that documented his impressions of conversations he had had with Trump about returning the documents. Those conversations are repeatedly cited "It is the obligation of this Court to make factual findings afresh on the crime-fraud issue," Cannon wrote. "And a standard means by which to make such findings 鈥 as is customary in criminal suppression litigation 鈥攊s following an evidentiary hearing at which both sides can present evidence (documentary and testimonial, as applicable)."
U.S. President Joe Biden vowed to stay in the 2024 presidential race during a call with campaign staff on Wednesday and sought to reassure top Democrats on Capitol Hill that he is fit for reelection despite his shaky debate performance last week.
Ottawa city councillor Clarke Kelly says he is not apologizing after a Kinburn daycare owner alleged he screamed and swore in front of children during a dispute that saw police called to the scene on Wednesday afternoon.
As some Canadian companies explore offering staff a four-day work week, experts are watching Greece's move closely and suggest it could work in Canada.
Ireland's prime minister says he's "absolutely appalled" by an assault in the country's capital that resulted in the death of a tourist from Montreal.
An Ontario man who wanted to spend time with his family in Florida was hospitalized after suffering a cardiac arrest at the airport as he was about to fly back to Canada.
Five earthquakes were recorded in quick succession off the British Columbia coast on Wednesday afternoon.
Hudson's Bay Co. has reached a deal to buy luxury department store chain Neiman Marcus, according to media reports.
Prime Minister Justin Trudeau has been taking calls from different members of his Liberal caucus following the party's historic byelection loss in a Toronto riding last week, but the prime minister said his focus remains on governing.
More than 1,100 WestJet flights and counting have been cancelled since last Thursday, when a strike by the airlines mechanics union grounded travel plans for more than 100,000 customers.
Lacey may look like just another pet chicken on Emily Carrington鈥檚 B.C. property. But she has a title her coop mates don鈥檛: Guinness World Record holder.
Five earthquakes were recorded in quick succession off the British Columbia coast on Wednesday afternoon.
A landlord in Ottawa is facing thousands of dollars in repairs after his tenant left his only rental property damaged and disorderly.
There was relief in central Labrador Wednesday night as officials lifted a wildfire evacuation order, allowing people to return to their homes in Churchill Falls two weeks after they were asked to flee.
A Calgary man is $66 million richer after claiming a Lotto 6-49 jackpot.
Regina police have identified 29-year-old Skylar Ochuschayoo as a suspect in the city's third homicide of the year.
Hurricane Beryl was roaring by Jamaica Wednesday, bringing fierce winds and heavy rain after the powerful Category 4 storm earlier killed at least six people and caused significant damage in the southeast Caribbean.
A flight to Manchester, New Hampshire, was diverted Wednesday after a man allegedly exposed himself and urinated in the aisle of the airplane, officials said.
A Delta flight from Detroit to Amsterdam was diverted to New York's Kennedy Airport on Wednesday after passengers were served spoiled food, airline officials said.
Firefighters lined roads to keep flames from reaching homes as helicopters dropped water on a growing wildfire Wednesday in Northern California that has forced at least 26,000 people to evacuate, as the state sweltered under extreme heat.
More than 120 people died in a stampede after a religious gathering in northern India, making it one of the deadliest such accidents in recent years.
Los Angeles will pay more than US$21 million to settle claims by residents of a neighborhood where police bungled the detonation of a cache of illegal fireworks three years ago, injuring 17 people and displacing dozens of others.
Ottawa city councillor Clarke Kelly says he is not apologizing after a Kinburn daycare owner alleged he screamed and swore in front of children during a dispute that saw police called to the scene on Wednesday afternoon.
A woman will finally hold the Canadian military's top job, after the federal government named Lt.-Gen. Jennie Carignan as the new defence chief on Wednesday.
The co-chair of the Liberals' Ontario campaign is suggesting the party's candidate in the Toronto鈥擲t. Paul's byelection needed more time to campaign before the vote.
A fourth farm worker has been infected with bird flu in the outbreak linked to dairy cows, health officials reported Wednesday.
People who take Ozempic or Wegovy may have a higher risk of developing a rare form of blindness, a new study suggests. Still, doctors say it shouldn鈥檛 deter patients from using the medicines to treat diabetes or obesity.
When Hannah was seven years old, she told her parents she didn鈥檛 want to be afraid of food anymore.
Grapes have been intertwined with the story of humanity for millennia, providing the basis for wines produced by our ancestors thousands of years ago 鈥 but that may not have been the case if dinosaurs hadn鈥檛 disappeared from the planet, according to new research.
Marine mammal rescuers in British Columbia are searching for an entangled humpback whale in the waters off northern Vancouver Island.
The former Apollo 8 astronaut best known for taking the iconic 'Earthrise' photo, who died last month while piloting a plane over the waters off Washington state, was doing a flyby near a friend's house when the fatal accident occurred, federal authorities said Tuesday.
Robert Towne, the Oscar-winning screenplay writer of 'Shampoo,' 'The Last Detail' and other acclaimed films whose work on 'Chinatown' became a model of the art form and helped define the jaded allure of his native Los Angeles, has died. He was 89.
Producers of the western movie "Rust" may have to forgo a robust economic incentive as they try to sell the film to distributors and fulfill financial obligations to the immediate family of a cinematographer who was fatally shot by Alec Baldwin during rehearsal in 2021.
Jin, the oldest member of K-pop supergroup BTS, will be an Olympic torchbearer at the Paris games after recently completing his mandatory military service.
OpenText Corp.'s chief executive says the company plans to shed about 1,200 roles as part of a business optimization plan.
As some Canadian companies explore offering staff a four-day work week, experts are watching Greece's move closely and suggest it could work in Canada.
Hudson's Bay Co. has reached a deal to buy luxury department store chain Neiman Marcus, according to media reports.
Billionaire heir Anant Ambani is set to marry his longtime girlfriend Radhika Merchant later this month, in a lavish ceremony widely described as the country's wedding of the year.
Barry Nussbaum, a Toronto-based family lawyer who has counselled countless couples, offers advice about the details you don't want to overlook before getting married.
When Ruth Harrison and Dan Phillips relocated from the U.S. to Ecuador two years ago, their main goal was to enjoy a peaceful retirement. Life had other ideas.
Former Toronto Raptors player Jontay Porter will be charged with a federal felony connected to the sports betting scandal that spurred the NBA to ban him for life, court papers indicate.
Jessica Campbell will become the first woman to work on the bench of an NHL franchise after the Seattle Kraken hired her as an assistant coach Wednesday.
To be sure, Emma Navarro used clean tennis to defeat Naomi Osaka at Wimbledon on Wednesday: just five unforced errors compared to 16 winners; zero break points faced; a 4-for-4 success rate at the net.
CDK Global said 'substantially all' of the nearly 15,000 car dealerships that use its software across North America are back online to its core management system, almost two weeks since a cyber incident caused a software blackout.
Transport Canada recalled various vehicles over the last week, including Kia, Toyota, Volkswagen and Porsche cars.
It used to be cash was king and that you could get a better deal if you paid for a car in full, but now many dealers want you to finance your purchase so they can make more money.
A never-before-lived-in mansion in Whistler is on the market for $17.9 million 鈥 with the listing describing it as a 'steal for the international buyer' due to the current exchange rate, which puts the price in U.S. dollars at $13.1 million.
A new documentary filmed in Nova Scotia by marine biologist and veterinarian Dr. Chris Harvey Clark explores the increased number of white shark observations in Canadian waters.
Irish singer Niall Horan had to ditch his car and walk to Scotiabank Arena where his concert was being held last weekend because the traffic was 'too bad' downtown.
A rave at the Ontario Science Centre was the place where Greg LeBlanc says his relationship first began with his husband Mark in 1997.
Travellers flying with WestJet continue to watch as the airline cancels more flights due to a sudden strike by its mechanics union.
The remains of a soldier from Newfoundland killed in the battlefields of France during the First World War will be laid to rest in St. John's Monday, bringing an emotional end to a years-long effort in a place still shaken and forever changed by the bloodshed.
The city is entering the final stages of resuming water service through its repaired feeder main, as water consumption continues to fall below the city鈥檚 threshold level.
A grandfather and grandson duo proudly graduated alongside each other at the same northern Manitoba school.
A large basking shark was captured close to the shoreline on Nova Scotia's Eastern Shore.
Two washrooms in the neighbourhood 鈥 one located at Pigeon Park and the other at 144 East Hastings St. 鈥 risk closing due to their funding running out in less than two weeks.
As Hurricane Beryl churns through the Caribbean, levelling coastal communities, Global Affairs Canada has issued a travel advisory for areas already devastated 鈥 and those in the path of the storm.
HandyDART riders are watching closely as the labour dispute between unionized drivers and their employer Transdev heats up in Metro Vancouver.
A plainclothes officer with the Toronto Police Service鈥檚 Drug Squad has been charged after another Toronto area police service alleged he was found driving while impaired and in possession of illicit drugs.
Pro-Palestinian protesters who have been occupying King's College Circle for more than 60 days have moved out ahead of a 6 p.m. deadline set by the court to vacate the encampment.
Mosetta Ferguson says she saved up for more than a year to take her first trip to Canada to visit her daughter, a trip she says was wonderful until her flight home was cancelled as a result of a strike involving WestJet mechanics that stranded thousands of people over the long weekend.
A Calgary man is $66 million richer after claiming a Lotto 6-49 jackpot.
Calgary's new logo for its 'Blue Sky City' civic brand has officially been revealed as creators of the design hope it sends a welcoming message and acts as a nod to innovation.
Calgary Stampede crews were busy on Wednesday putting the finishing touches on the grounds before the party begins.
Ottawa city councillor Clarke Kelly says he is not apologizing after a Kinburn daycare owner alleged he screamed and swore in front of children during a dispute that saw police called to the scene on Wednesday afternoon.
A landlord in Ottawa is facing thousands of dollars in repairs after his tenant left his only rental property damaged and disorderly.
Tensions are rising as furniture piles up outside an Ottawa apartment building on Richmond Road, where tenants are receiving eviction notices to vacate for renovations.
Ireland's prime minister says he's "absolutely appalled" by an assault in the country's capital that resulted in the death of a tourist from Montreal.
In Jamaica, people were shopping for essentials and fishermen were bringing boats back to shore as they braced for the worst ahead of Hurricane Beryl.
The number of disciplinary cases against Quebec realtors accused of "financially abusing" their clients is going up.
The RCMP are searching for a man they say asked two 15-year-old girls if they wanted to have sex with him and punched a 14-year-boy last Wednesday.
A man is in police custody following the early Wednesday morning death of a woman in southeast Edmonton.
An Edmonton company that once held a competition for free rent of its former office space is doing it again.
After a string of thefts over the Canada Day long weekend in Amherst, N.S., local businesses are raising concerns about shoplifting trends in the town
The 2024 Atlantic hurricane season has been off to a rare and dangerous start. Hurricane Beryl is the earliest Category 4 and Category 5 hurricane on record for the Atlantic, developing as a result of primed conditions that favour a very active hurricane season.
Police in Cape Breton are investigating reports of a scam involving a seemingly stranded motorist flagging down drivers and offering gold jewelry in exchange for money to pay for gas or repairs.
In order to pay what some advocates consider a living wage, a new report says the City of Winnipeg would have to spend more than $3 million more per year.
A search of the grounds of a former residential school in northern Manitoba has uncovered 187 anomalies, according to First Nation leaders.
It was a giant celebration for a giant birthday in south Winnipeg Wednesday, which featured a flyover from the Royal Canadian Air Force.
School divisions across Saskatchewan are making it known that fiscal challenges remain, despite the province's attempts at addressing capacity issues in its most recent budget.
A Regina couple who were paid $800 in compensation from Sunwing Airlines are now being taken back to court as the airline seeks to overturn the decision.
Regina police have identified 29-year-old Skylar Ochuschayoo as a suspect in the city's third homicide of the year.
Mark McCreadie鈥檚 family fears his admitted killer will harm someone else if he鈥檚 ever released from prison.
OpenText Corp.'s chief executive says the company plans to shed about 1,200 roles as part of a business optimization plan.
Progress has been made in the ongoing strike at the Cargill meat processing plant in Guelph, Ont., as the union representing workers announced Tuesday they reached a new recommended memorandum of settlement with the company.
Shoppers who frequent Co-op stores in Saskatoon and the area may have to shop around to get what they need because of limited supply due to a cyberattack.
Traffic restrictions are in place for Northbound traffic exiting from Highway 16 onto Circle Drive East due to a single-vehicle collision involving a school bus.
The mother of a Saskatoon homicide victim says getting justice in her daughter鈥檚 killing has been painful.
A federal court hearing Wednesday saw lawyers for Elliot Lake homeowners and the Attorney General of Canada argue over the definition of nuclear mine waste.
The Greater Sudbury Police Service advised of a heavy police presence in the city鈥檚 downtown on social media on Wednesday evening.
A northern Ontario beekeeper has lost half of her bee population 鈥 more than 1.5 million bees to be exact 鈥 due to what she believes is an acute chemical kill.
Police in Huron County are overseeing a death investigation. Around 4:15 p.m. on Tuesday, emergency services responded to an address on Cut Line Road between Parr Line and Tipperary Line in Central Huron.
The sexual assault case involving five former Canadian World Junior hockey players was back in court as the trial date draws near. The pre-trial was dealt with this afternoon via zoom at the London courthouse, however a ban on publication was placed any issues discussed during the proceedings.
The London Fire Department is working alongside the London Police Service following a fire in the city.
Police arrested and charged two individuals for allegedly stealing over $5,000 worth of furniture from an Airbnb.
Emergency crews are responding to a motor vehicle collision on Crossland Road and Townline in Tiny Township.
On Wednesday, a distressed senior was successfully rescued along a trail in New Tecumseth, Ont.
The recent death of a cyclist on Lauzon Road has renewed concerns about Windsor's cycling infrastructure.
A Maidstone couple discovers an unexpected object while doing landscaping in their backyard.
A trick or a treat? The Town of Kingsville wants residents to weigh in on rescheduling Halloween.
Five earthquakes were recorded in quick succession off the British Columbia coast on Wednesday afternoon.
Three years after a man was gunned down outside a fast-food restaurant on Vancouver Island, a 42-year-old suspect has been charged with murder.
Lacey may look like just another pet chicken on Emily Carrington鈥檚 B.C. property. But she has a title her coop mates don鈥檛: Guinness World Record holder.
British Columbia residents are being told to brace for a coming heat wave that could send temperatures into the high 30s and beyond, with the government reminding people to check in on their neighbours.
A swath of B.C.鈥檚 southern Interior is being told to brace for potential severe thunderstorms Tuesday.
A severe thunderstorm watch is in effect Sunday for a swath of the B.C. Interior, according to Environment and Climate Change Canada.
One of two men accused of conspiring to kill Mounties at the border blockade at Coutts, Alta., characterized the protest as a last stand and told his mother there 鈥渨ill be a war鈥 if police moved in.
With the recent moisture and cooler temperatures, fire bans and restrictions in the Lethbridge area are no longer in effect.
Plenty of tourists will descend on Lethbridge to see what the city offers. Locals, too, will have no shortage of activities this weekend.
Sault Ste. Marie native and four-time Stanley Cup champion Marty Pavelich has died.
Police and city officials say a Pride display in Sault Ste. Marie, Ont., was vandalized.
A federal court hearing Wednesday saw lawyers for Elliot Lake homeowners and the Attorney General of Canada argue over the definition of nuclear mine waste.
There was relief in central Labrador Wednesday night as officials lifted a wildfire evacuation order, allowing people to return to their homes in Churchill Falls two weeks after they were asked to flee.
The union representing inshore fish harvesters in Newfoundland and Labrador is calling on the federal government to reverse its recent decision to reopen the commercial Northern cod fishery.
As part of the emotional ceremony honouring Newfoundland and Labrador's Unknown Soldier, the province's national anthem, The Ode to Newfoundland, was sung. Military members received special permission from defence officials to salute the Ode.
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