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Judge in classified docs case grants Trump request for hearing on key evidence

The federal judge presiding over the classified documents case of former President Donald Trump granted his request Thursday for a hearing on whether prosecutors had been permitted to improperly breach attorney-client privilege when they obtained crucial evidence from one of his ex-lawyers.

The order from U.S. District Judge Aileen Cannon ensures further delays in a criminal case that has already been snarled by significant postponements, resulting in the indefinite cancelation of trial date that had been set for May 20 in Fort Pierce, Florida. It means that Cannon will revisit a different judge's order from last year that permitted prosecutors to get testimony and other evidence from a Trump attorney that wound up being repeatedly cited in the indictment of the former president.

Trump faces dozens of felony counts accusing him of illegally hoarding classified documents from his presidency at his Mar-a-Lago estate and obstructing the FBI’s efforts to recover them. He has pleaded not guilty.

Defense 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.

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