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 — 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 — as is customary in criminal suppression litigation —is following an evidentiary hearing at which both sides can present evidence (documentary and testimonial, as applicable)."
Republicans on Sunday sought to distance themselves from Donald Trump's latest insults of Democratic nominee Kamala Harris during a rambling weekend rally in Wisconsin in which he called her 'mentally disabled.'
Two and a half years after losing her best friend and first love to suicide, Brooke Ford shared her story of grief and resilience at the CMHA Windsor-Essex Suicide Awareness Walk.
John Ashton, the veteran character actor who memorably played the gruff but lovable police detective John Taggart in the 'Beverly Hills Cop' films, has died. He was 76.
A fire at a Georgia chemical plant apparently caused by a sprinkler head malfunction Sunday morning is forcing evacuations and road closures in the area, according to Rockdale County officials.
Migrant groups are pushing the federal government to reverse its cap on international study permits and tightening post-graduate work permit qualifications, claiming it will leave many students 'in limbo.'
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British Columbia saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.
An Ottawa driver has been charged with stunt driving after being caught going 154 km/h on Highway 417, according to the Ontario Provincial Police (OPP).
This Monday, Sept. 30 is the National Day for Truth and Reconciliation (NDTR), a federal statutory holiday and day of remembrance for the Indigenous children who never came home from Canadian residential schools, as well as those who survived them.
A pedestrian has died after reportedly getting struck by an OPP cruiser in Bala early Sunday morning.
British Columbia saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.
A child was sent to hospital after being attacked by a coyote in northwest Calgary.
A commemorative rally marking the fourth anniversary of Joyce Echaquan’s death will take place in Ville-Marie on Saturday afternoon.
Alberta's premier spoke to calls for an outside, independent investigation into the death of Jon Wells during an incident involving Calgary police last week.
The union representing longshore workers at the Port of Montreal says work at two terminals could come to a standstill next week as the union served a 72-hour strike notice today.
A fire at a Georgia chemical plant apparently caused by a sprinkler head malfunction Sunday morning is forcing evacuations and road closures in the area, according to Rockdale County officials.
U.S. President Joe Biden said he would speak with Israeli Prime Minister Benjamin Netanyahu, and believes that an all-out war in the Middle East must be avoided.
Tim Walz and JD Vance might have the chance to reshape the political landscape Tuesday in their first and only debate.
Riding in a black SUV with tinted windows, lawyer Mariel Colon rolls up to the gates of a remote mansion, strolling past a security guard side-by-side with Emma Coronel, the wife of notorious drug lord JoaquÃn 'El Chapo' Guzman.
Newly emerged film footage of U.S. President John F. Kennedy's motorcade speeding down a Dallas freeway toward a hospital after he was fatally wounded sold at auction Saturday for US$137,500.
Republicans on Sunday sought to distance themselves from Donald Trump's latest insults of Democratic nominee Kamala Harris during a rambling weekend rally in Wisconsin in which he called her 'mentally disabled.'
The Liberal government is announcing more details on its existing strategy and funding to fight hate crimes.
Migrant groups are pushing the federal government to reverse its cap on international study permits and tightening post-graduate work permit qualifications, claiming it will leave many students 'in limbo.'
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A man from Alberta has been at the Medipal International Hospital in Kampala, Uganda for over two months with a hefty medical bill. He says he can’t leave until it’s been paid for.
More than 550 symptomatic people responded to an online questionnaire about a gastrointestinal illness at a Prince Edward Island shellfish festival last weekend.
A partial masking mandate has returned to Nova Scotia hospitals and provincially run healthcare facilities for visitors and healthcare workers.
Canadian innovators and technical leaders gathered in Ottawa Thursday to demonstrate the latest cutting-edge technology.
SpaceX launched a rescue mission for the two stuck astronauts at the International Space Station on Saturday, sending up a downsized crew to bring them home but not until next year.
Trees haven't grown on the Falkland Islands for thousands of years. But tree trunks and branches preserved in peat suggest the islands were once home to a forest.
John Ashton, the veteran character actor who memorably played the gruff but lovable police detective John Taggart in the 'Beverly Hills Cop' films, has died. He was 76.
Francis Ford Coppola’s decades-in-the-making, self-financed epic 'Megalopolis' flopped with moviegoers, while the acclaimed DreamWorks Animation family film 'The Wild Robot' soared to No. 1 at the weekend box office.
Given the sudden popularity of Moo Deng, the Thai national treasure whose name roughly translates as 'bouncy pork,' it was only a matter of time before someone turned her into a digital asset.
A strike by grain terminal workers at the Port of Metro Vancouver has ended, their employer announced Friday night.
When Annie Korver sits down with a new corporate or small business client, she encourages them to focus first on the 'truth' part of Truth and Reconciliation.
The U.S. Department of Transportation said Friday it had fined Air Canada US$250,000 for operating flights in 2022 and 2023 in prohibited Iraqi airspace.
While libraries might be stereotyped by some as boring or outdated, they’ve become popular digital destinations for young viewers on TikTok.
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Matt Perrault has shipped animals in and out of Canada on behalf of owners for more than two decades, handling creatures ranging from birds to bearded dragons, rabbits and ferrets.
South Korea's Si Woo Kim missed a birdie putt on No. 18 and lost his match to Keegan Bradley as the United States clinched another win over the International team at the Presidents Cup.
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On an eventful Saturday at the Presidents Cup, the U.S. took an 11-7 lead over an International team that saw big performances from the world's No. 1 ranked golfer, Scottie Scheffler.
A tale about a taxicab hauling gold and sinking through the ice on Larder Lake, Ont., in December 1937 has captivated a man from that town for decades.
A U.S. driver somehow squeezed her vehicle through a parkade hallway at a Metro Vancouver casino Thursday, before getting stuck at an elevator bank.
More than 12,000 vehicles in Canada are included in two separate recalls by Toyota Motor Corp. and Mazda.
When a group of B.C. filmmakers set out on a small fishing boat near Powell River last week, they hoped to capture some video for a documentary on humpback whales. What happened next blew their minds.
A tale about a taxicab hauling gold and sinking through the ice on Larder Lake, Ont., in December 1937 has captivated a man from that town for decades.
A pizza chain in Edmonton claims to have the world's largest deliverable pizza.
Sarah McLachlan is returning to her hometown of Halifax in November.
Wayne MacKay is still playing basketball twice at Mount Allison University at 87 years old.
A man from a small rural Alberta town is making music that makes people laugh.
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Police are looking to the public for help after thieves broke into a Lethbridge ice creamery, stealing from the store.
An ordinary day on the job delivering mail in East Elmwood quickly turned dramatic for Canada Post letter carrier Jared Plourde. A woman on his route was calling out in distress.
British Columbia saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.
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A car on fire in a parkade in Vancouver’s downtown core sent black smoke billowing out in the area of Robson and Hornby streets Saturday evening.
A woman is dead after being stabbed in a home in Scarborough Sunday afternoon.
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A grassroots organization is calling on the provincial government to reopen the Ontario Science Centre after it was abruptly closed in June following the discovery of structural issues in the building.
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With CTV broadcasting NFL football games on Sundays this season, Â鶹´«Ã½ at Six with Austin Lee will be broadcasting live on our website and the Â鶹´«Ã½ App.
The federal holiday on Sept. 30 will bring some schedule changes in Ottawa as Canada marks the National Day for Truth and Reconciliation.
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Women entrepreneurs from across New Brunswick were front and centre at a ‘pop-up shop’ showcase on Sunday.
A mother in a community where the cost of living is one of the highest in the country says grocery prices are 'inhumane' and retailers are putting profits ahead of people’s basic human right to food.
The East Coast Ukrainian Festival kicked off at Pier 21 in Halifax on Saturday, celebrating Ukrainian culture and traditions.
Residents in Tadoule Lake, Man., and Churchill can expect to see heavy rain trickle in Sunday afternoon, lingering until Monday evening.
RCMP in Thompson, Man., are investigating two shooting incidents that took place within an hour Saturday evening.
As the temperatures begin to drop and the leaves change colour, the time for fall suppers has returned in Manitoba.
The National Day for Truth and Reconciliation takes place on Sept. 30 every year and is meant to recognize residential school survivors and their families.
The Town of Lumsden held their ninth annual Scarecrow festival Saturday.
The Saskatchewan Roughriders moved into second place in the CFL's West Division with a 29-16 victory over the Ottawa Redblacks on Saturday.
People in Guelph may notice a new addition at the entrance to Franchetto Park in Guelph.
A young motorcyclist has been taken to an out-of-region hospital after a single vehicle crash in Woolwich Township.
A grassroots organization is calling on the provincial government to reopen the Ontario Science Centre after it was abruptly closed in June following the discovery of structural issues in the building.
RCMP are seeking tips after a church on Main Street in Loon Lake burned to the ground.
Saskatoon Police Service has arrested a suspect in connection with two separate stabbing incidents that occurred earlier this month.
Minister of Health Everett Hindley wrote to healthcare provider unions on Friday inviting them to join a nursing task force, something the government previously said no to.
Ontario Provincial Police remind the public that ‘a case is never closed until it is solved,’ while highlighting the force's continued investigation of the 1996 disappearance of Melanie Ethier.
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The CEO of the Ottawa Mission is responding to controversial comments made this week by Premier Doug Ford about those living in homeless encampments that received swift blowback from advocates.
A crash between a car and motorcycle closed a portion of Oxford St. in downtown London for several hours on Sunday.
On Saturday night at her parents’ home in Delaware, Ont. the Olympic bronze medallist in pole vault welcomed everyone who played a role in getting her to the podium in Paris.
The fourth annual National Day for Truth and Reconciliation in Canada is on Monday, Sept. 30.
A pedestrian has died after reportedly getting struck by an OPP cruiser in Bala early Sunday morning.
A Barrie police officer suffered serious but non-life-threatening injuries while arresting a suspect Sunday afternoon.
Members of the Southern Georgian Bay OPP and the Canadian Anti-Fraud Centre (CAFC) are sounding the alarm on a rising number of online and phone scams targeting residents.
Two and a half years after losing her best friend and first love to suicide, Brooke Ford shared her story of grief and resilience at the CMHA Windsor-Essex Suicide Awareness Walk.
The BSI aims to elevate Black academic excellence, promoting scholarship, mentorship, and cultural knowledge.
The fourth annual National Day for Truth and Reconciliation in Canada is on Monday, Sept. 30.
British Columbia saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.
A man was found dead in a home in the Ditidaht First Nation on Vancouver Island Saturday morning, prompting local council to ask residents to shelter in place.
For decades, Melven Jones couldn’t talk about what happened to him as a child. He didn’t even remember it.
Fire crews in Vernon, B.C., responded to a large house fire early Saturday morning.
A pair of runaway pigs are in the custody of an animal sanctuary in the Okanagan after evading police and volunteers for hours earlier this week.
The Red Bridge, a historic landmark in Kamloops, B.C., was completely destroyed by fire early Thursday morning.
The sentencing for three men convicted of helping lead and coordinate the COVID-19 protest blockade at Coutts, Alta., in 2022 has been delayed.
A 10-year-old boy from Lethbridge is being praised as a hero after a routine summer outing at the pool nearly turned tragic for his friend.
A man and woman have been charged after a Lethbridge ice creamery was broken into earlier this week. Staff arrived at Cookie Crimes, in the 300 block of Sixth Street South, just before 5:30 a.m. on Monday to discover the front window broken.
Ontario Provincial Police remind the public that ‘a case is never closed until it is solved,’ while highlighting the force's continued investigation of the 1996 disappearance of Melanie Ethier.
Sault residents may notice some commotion on the Algoma University campus over the next two weeks as a team conducts an archaeological search.
The Pride crosswalk in downtown Sault Ste. Marie, Ont., has been hit by vandalism for the second time in less than three months.
A mother in a community where the cost of living is one of the highest in the country says grocery prices are 'inhumane' and retailers are putting profits ahead of people’s basic human right to food.
A soccer game in England on Tuesday night drove a spike in online traffic across the Atlantic to a website launched by the Newfoundland and Labrador government.
Newfoundland and Labrador sponsored a minor football team in England, now they’re about to play one of the biggest clubs in European soccer.
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