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One of the lawyers involved in the classified documents case against Donald Trump and two other defendants could face punishment over conflict of interest concerns, a legal expert said.
Stanley Woodward, a lawyer who represents Mar-a-Lago valet and Trump aide Walt Nauta, who is accused of attempting to obstruct the federal attempt to retrieve the sensitive material from the former president's Florida resort, has already had a potential conflict of interest raised by Special Counsel Jack Smith's office.
Woodward, who is paid by Trump's Save America PAC, was previously representing three potential witnesses who could be called to give evidence during the classified documents trial.
The issue was raised in early August after Mar-a-Lago IT worker Yuscil Taveras began cooperating with federal prosecutors while being represented by Woodward. Taveras had previously testified to a special grand jury in March that he was not aware of any attempts by Trump, Nauta, or Mar-a-Lago maintenance worker Carlos De Oliveira to delete security footage which had been subpoenaed by federal prosecuted as part of the classified documents case.
Federal prosecutors said they had evidence indicating that Taveras's claim was false and informed him in June that he was facing a potential perjury charge. This meant that Woodfaced faced one of his clients, Taveras, either committing perjury by not changing his statement, or allowing him to potentially testify against another one of his clients, Nauta, by retracting his previous remarks under oath.
Taveras later requested a new lawyer represent him instead of Woodward, then retracted his prior statement and gave evidence implicating Trump, Nauta, and De Oliveria over their alleged efforts to delete security camera footage.
In previous court filings, Woodward said he no longer represents Taveras and suggested Judge Aileen Cannon, who is overseeing the classified documents case, could dismiss the evidence from the IT worker to avoid any potential conflict of interest.
Attorney and legal political analyst Andrew Lieb said that Cannon would have never granted such a request "in a million years" and that Woodward may face legal proceedings for trying to withhold evidence in order to prevent his own conflict of interest in the case.
"Woodward is following a long line of Trump-backed attorneys whose representation could result in legal peril for the attorney," Lieb told Newsweek. "It's possible that Woodward could face a grievance and it's also possible that he could face a malpractice suit if he was to continue to represent clients in an unwaivable situation."
Lieb added that Woodward "has been fully cooperative" in the investigation so far.
Newsweek reached out to Woodward via email for comment.
Federal prosecutors cited concerns that Woodward may have to cross-examine one of his own clients during the federal trial who gave evidence against Nauta in court filings.
Smith's office had requested that Judge Cannon 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.
"Every person in a legal case has a right to representation by an attorney that is loyal to that person. However, sometimes lawyers have conflicts of interest in representing two or more parties at the same time when such parties have conflicting interests," Lieb told Newsweek.
"The purpose of a Garcia hearing is to make a defendant in a criminal case aware of those conflicts and that each defendant has a right to have an attorney, without conflicts, who is completely loyal to them and not splitting their loyalty with a co-defendant or a witness in the case."
Prosecutors had also raised similar concerns about John Irving, who is representing De Oliveira in the classified documents case. As Irving also represents others who may be called as witnesses during the proceedings due to begin in May 2024, prosecutors again called for a Garcia hearing to take place.
In both cases, De Oliveria and Nauta could request new lawyers to represent them, just like what Taveras did before retracting his previous grand jury testimony and flipping.
Trump, Nauta and De Oliveira have pleaded not guilty to all the charges against them in the classified documents case, including obstruction allegations.
Former federal prosecutor and former elected State Attorney Michael McAuliffe said that the Special Counsel's tactic of pointing out potential conflicts of interest regarding various Trump lawyers is a "dynamic" process that could be repeated during the federal cases against the former president and others.
"It is very likely that others—witnesses in particular—will seek to obtain new counsel or that the special counsel will seek the court's intervention about counsel conflict issues for others," McAuliffe told Newsweek.
"It's an effective tactic by the special counsel that can strengthen the prosecution's evidence when witnesses admit previously providing inaccurate or false information."
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