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Lawyers for two defendants in Donald Trump's classified documents case ought to consider whether their clients should cooperate with investigators after a key witness flipped, according to a legal expert.
Former federal prosecutor Michael McAuliffe was reacting to confirmation that Mar-a-Lago IT worker Yuscil Taveras changed his under-oath testimony and provided evidence against Trump, his aide Walt Nauta, and Mar-a-Lago maintenance worker Carlos De Oliveira in order to avoid perjury charges.
Taveras had previously testified to a special grand jury in March that he was not aware of any attempts by Trump, Nauta, or De Oliveira to delete security footage which had been subpoenaed by federal prosecutors as part of the classified documents case, a claim investigators said they knew was false.
After being made aware he faced potential perjury charges, Taveras changed his lawyer and then "immediately" retracted his prior testimony to provide information that implicated all three defendants regarding their alleged "efforts to delete security camera footage."
Both Nauta and De Oliveira have pleaded not guilty to conspiracy to obstruct justice allegations, with Trump denying all 40 charges against him.
After a court filing showed that Taveras changed his testimony in order to avoid charges himself, McAuliffe suggested that Nauta and De Oliveira's lawyers may want to "reevaluate" if not cooperating with the inquiry is in the best interest of their clients.
"Yuscil Taveras's cooperation in the documents prosecution is no surprise and puts significant pressure on the three defendants," McAuliffe told Newsweek.
"How the three charged defendants react to Taveras' role as a government witness will vary. It likely won't change Trump's approach. However, Nauta and De Oliveira are in a different category of culpability.
"They did not create or lead the efforts to obstruct or withhold documents. In theory, a defendant's lawyer should be constantly reevaluating the likelihood of conviction for the client and assessing whether cooperation is in the client's best interest," he added.
"Criminal cases are dynamic and reflect circumstances that can change. The new confirmation of a cooperator who has precipitant knowledge of the allegations is one such potential change."
Nauta and De Oliveira's legal teams have been contacted for comment.
Taveras was previously represented by Stanley Woodward, a lawyer paid for by Trump's PAC who also represents Nauta.
Federal prosecutors had previously raised a potential conflict of interest from Woodward, as Taveras' cooperation meant the lawyer could represent a defendant in the classified documents trial, and then cross-examine another of his clients providing evidence during a trial.
Special Counsel Jack Smith's office had requested that Judge Aileen Cannon, who is overseeing the classified documents case, hold what is known as a Garcia hearing so Nauta could be aware of a conflict of interest with Woodward and potentially request a new attorney.
McAuliffe added that Woodward being removed as Taveras' lawyer shows the "messiness" of having a small group of attorneys representing multiple participants in a matter.
"It creates actual and perceived conflicts of interest," he told Newsweek. "How the parties and the court manage those issues is one of challenges in the documents case."
About the writer
Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida ... Read more