Exclusive: if ex-president succeeds, prosecutors could be left with only a sliver of evidence for obstruction charge

Donald Trump is expected next week to ask the federal judge presiding in the criminal case over his retention of classified documents to revoke prosecutors’ access to memos made by his ex-lawyer that became key evidence of his efforts to obstruct the investigation, according to sources familiar with the plans.

The request will be made before US district judge Aileen Cannon at a sealed hearing Tuesday. The former president last month challenged prosecutors’ access to transcripts of voice memos made by ex-lawyer Evan Corcoran, but what Trump will seek behind closed doors has not been reported.

Trump’s lawyers are expected to argue that none of the memos should have been given to prosecutors on the crime-fraud exception, which allows prosecutors to see privileged communications between a defendant and a lawyer, if their legal advice was used in furtherance of a crime.