Special counsel Jack Smith raised considerations Thursday that the lawyer representing one in every of former President Donald Trump‘s co-defendants within the categorized paperwork case could have a battle of curiosity.
In a South Florida federal court docket submitting, Mr. Smith mentioned John Irving, an lawyer representing Carlos De Oliveira, can also be representing three witnesses prosecutors could name through the trial.
Mr. De Oliveira is charged with obstruction of justice and making false statements arising from his alleged efforts to assist Mr. Trump thwart the federal government’s efforts to retrieve categorized paperwork saved at Mar-a-Lago.
In the submitting, Mr. Smith‘s crew mentioned Mr. Irving “might be in the position of cross-examining current clients.”
“An attorney’s cross-examination of a client raises two principal dangers. First, the conflict may result in the attorney’s improper use or disclosure of the client’s confidences during the cross-examination. Second, 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 interest,’” prosecutors wrote.
The submitting doesn’t determine the witnesses, however mentioned they’ve “information demonstrating the falsity of statements De Oliveira has made to the government.”
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The identical witness additionally “has information about De Oliveira‘s loyalty to Trump and about De Oliveira‘s involvement in the replacement of a lock — at the direction of Trump — on a closet inside Trump‘s residence at Mar-a-Lago,” the prosecutors wrote.
Prosecutors say the alleged lock alternative got here on the identical day Mr. De Oliveira and Walt Nauta, a Trump aide additionally charged within the case, moved bins out and in of a storage room on the property.
Mr. Smith‘s crew says if Mr. De Oliveira desires to maintain Mr. Irving as his lawyer, the court docket ought to maintain a listening to to evaluate that selection.
It’s the second time Mr. Smith‘s team has raised the issue of attorney conflict of interest in the Mar-a-Lago case. Earlier this month, prosecutors requested a hearing on whether Mr. Nauta’s lawyer Stanley Woodward has a battle as a result of he represents two Mar-a-Lago staff, together with one cooperating within the case.
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