Special counsel Jack Smith has asked Judge Aileen M. Cannon for a hearing to discuss whether the lawyer who represents one of Trump’s co-defendants in the classified documents case has too many conflicts to provide adequate legal advice to his client.
Special counsel Jack Smith has asked Judge Aileen M. Cannon for a hearing to discuss whether the lawyer who represents one of Donald Trump’s co-defendants in the classified documents case has too many conflicts to provide adequate legal advice to his client.
If that happens, Woodward may need to cross-examine his other clients as part of defending Nauta, said Smith, the prosecutor leading the Justice Department’s investigation.“The conflict may result in the attorney’s improper use or disclosure of the client’s confidences during the cross-examination,” the filing reads. “The conflict may cause the attorney to pull his punches during cross-examination, perhaps to protect the client’s confidences or to ‘advance the attorney’s own personal interests.
Trump, Nauta and property manager Carlos De Oliveira are charged in a 42-count indictment that accuses the former president of improperly retaining 32 classified documents at Mar-a-Lago, his Florida residence and private club, and seeking to thwart government attempts to retrieve them. All three men are accused of trying to delete security footage that the government wanted as evidence in the case.
Smith asked Cannon to hold a hearing in which the judge would inform Nauta and the two witnesses, whose names have not been made public, of their legal rights and the potential conflicts their attorney poses. Lawyers are generally required to flag to a judge any potential conflicts of interest they encounter.If there is a conflict, Nauta would be asked if he still wants Woodward to represent him and if he waives his right to conflict-free representation.
Woodward declined to comment. But the filing said he has told prosecutors he will respond and does not generally oppose his clients being informed of their legal rights and potential conflicts.
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