While Judge Cannon probed De Oliveira about these potential conflicts, the property manager remained stoic, refusing to divulge any discussions with his legal team on the matter. Irving clarified that he no longer represented the three potential witnesses, a move he made on August 30. Nauta’s attorney, Stanley E. Woodward Jr. of Brand Woodward Law LP, admitted to still representing two people who had been interviewed by investigators.
Unforeseen Obstacles in Nauta’s Hearing
Forty-five minutes into Nauta’s hearing, the court hit an impasse. David V. Harbach II of the Special Counsel’s Office raised a last-minute issue, suggesting that Woodward might be restricted from cross-examining a former client, thus jeopardizing the proceedings. Judge Cannon did not mince words, admonishing Harbach for wasting the court’s time, and insisted that his argument be framed procedurally, allowing opposing counsel a chance to respond.
Trump, Nauta, and De Oliveira: Facing Charges
The underlying issue in this legal maze revolves around classified national security documents allegedly retained unlawfully after Trump left the White House in 2021. Trump and Nauta were indicted in June, while De Oliveira faced indictment in July. All three defendants have steadfastly maintained their innocence.
The Garcia Hearings: Unveiling Potential Conflicts
The Garcia hearings were convened for De Oliveira and Nauta to acquaint themselves with potential conflicts of interest regarding their legal representatives, should the government call their lawyers’ former clients as witnesses. Judge Cannon underscored that their lawyers might “take it easy” on these former clients and may not be able to aggressively cross-examine them. Importantly, the defendants could refuse any waiver of counsel, but if found guilty, they would be barred from raising the conflict issue on appeal.
Trump Secret Docs Case : The Government’s Case
During De Oliveira’s hearing, Judge Cannon elucidated why government attorneys might want to call Irving’s former clients to the stand. One of these, known as Trump Employee 3, reportedly has crucial information regarding a June 2022 phone conversation between Trump and one of his lawyers, concerning security camera footage. Another former client, identified as Witness 1, oversaw maintenance at Mar-a-Lago and possesses insights into De Oliveira’s activities, including his curious actions inside a tunnel. The third individual, Witness 2, a former receptionist for Trump, is said to possess vital information on the movement of boxes containing classified material.
A Legal Clash Over Conflicting Loyalties
Harbach, the prosecutor, contended that Irving might have a “divided loyalty” when cross-examining his former clients or presenting jury arguments. He argued that defendant attorneys have an ethical duty to protect the confidentiality of their former clients. Irving vehemently disagreed, stating that the government’s arguments were a “solution in search of a problem.” He assured the court that co-counsel Larry D. Murrell Jr. would cross-examine his former clients if called as witnesses, a stance De Oliveira found acceptable.
Trump Secret Docs Case : The Legal Duel Continues
In an unexpected twist, Harbach presented three cases as authority for his arguments, but when questioned by Judge Cannon about Eleventh Circuit opinions, he was found wanting. The judge expressed her concerns about the last-minute nature of these arguments and urged a more deliberate approach.