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Sources: Special counsel claims Trump deliberately misled his attorneys about classified documents, judge wrote

Prosecutors in the special counsel's office have presented compelling preliminary evidence that former President Donald Trump knowingly and deliberately misled his own attorneys about his retention of classified materials after leaving office, a top federal judge wrote Friday in a sealed filing, according to sources who described its contents to ABC News.

U.S. Judge Beryl Howell, who on Friday stepped down as the D.C. district court's chief judge, wrote last week that prosecutors in special counsel Jack Smith's office had made a "prima facie showing that the former president had committed criminal violations," according to the sources, and that attorney-client privileges invoked by two of his lawyers could therefore be pierced.

Trump has repeatedly denied any wrongdoing in his handling of classified documents.

MORE: Trump lawyer ordered to testify in classified documents case in landmark ruling, sources say

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In her sealed filing, Howell ordered that Evan Corcoran, an attorney for Trump, should comply with a grand jury subpoena for testimony on six separate lines of inquiry over which he had previously asserted attorney-client privilege.

Sources added that Howell also ordered Corcoran to hand over a number of records tied to what Howell described as Trump's alleged "criminal scheme," echoing prosecutors. Those records include handwritten notes, invoices, and transcriptions of personal audio recordings.

In reaching the so-called prima facie standard to pierce Corcoran's privilege, Howell agreed prosecutors made a sufficient showing that on its face would appear to show Trump committed crimes. The judge made it clear that prosecutors would still need to meet a higher standard of evidence in order to seek charges against Trump, and more still to prove his guilt beyond a reasonable doubt.

"It is a lower hurdle, but it is an indication that the government had presented some evidence and allegation that they had evidence that met the elements of a crime," Brandon Van Grack, a former top national security official in the Justice Department who is now in private practice, told ABC News.

PHOTO: FILE - The legal team of former US President Donald Trump, led by M. Evan Corcoran, arrives at the Brooklyn Federal Courthouse, Sept. 20, 2022 in New York City. (Alex Kent/Getty Images, FILE)
PHOTO: FILE - The legal team of former US President Donald Trump, led by M. Evan Corcoran, arrives at the Brooklyn Federal Courthouse, Sept. 20, 2022 in New York City. (Alex Kent/Getty Images, FILE)

Howell found that prosecutors showed "sufficient" evidence that Trump "intentionally concealed" the existence of additional classified documents from Corcoran, sources said, putting Corcoran in an unwitting position to deceive the government.

It's unclear what evidence Howell may have reviewed under seal from both DOJ and Trump's attorneys to help her arrive at her decision.

In response to ABC News, a Trump campaign spokesperson said, in part, "Shame on Fake News ABC for broadcasting ILLEGALLY LEAKED false allegations from a Never Trump, now former chief judge, against the Trump legal team."