(CN) — Special Counsel Jack Smith raised concerns on Wednesday about a second attorney’s role defending multiple clients in the confidential documents case against former President Donald Trump.
John Irving, a D.C.-based attorney, is representing Carlos De Oliveira, a Mar-a-Lago maintenance supervisor and Trump’s co-defendant — even as he claims three possible witnesses in the case as clients, according to a motion filed Wednesday by the Department of Justice.
Federal prosecutors asked the court to schedule a hearing to discuss the potential conflicts, but a specific remedy is not being sought at this point.
“A hearing would permit a colloquy with Mr. Irving’s clients to inform them of potential risks and inquire into possible waivers,” the prosecutors wrote.
Irving appeared with De Oliveira at his first court hearing on July 31 before a Miami magistrate judge. The 56-year-old man faces obstruction-related charges as part of an alleged scheme with the former president and his aide, Walt Nauta, to destroy security footage at Mar-a-Lago.
De Oliveira pleaded not guilty to the charges at an arraignment Tuesday.
Irving has represented four other people who have been questioned in the case, according to Wednesday’s motion, including three who may be called as witnesses at trial.
One witness, identified in the motion as “Trump Employee 3,” worked as a personal aide to Trump under Nauta.
The witness passed information between the men on June 24, 2022 that caused Nauta to abruptly arrange a flight to Florida, where Nauta schemed with De Oliveira to destroy the security footage, the motion states.
Another witness previously served as head of maintenance at Mar-a-Lago and has information “demonstrating the falsity of statements De Oliveira has made to the government,” according to the motion. Prosecutors also say a third witness was a receptionist and assistant for Trump who has information about the movement of classified documents at the Florida resort.
The Department of Justice filed a similar motion earlier this month raising concerns about Nauta’s attorney, who has also represented witnesses in the case.
Federal prosecutors have pointed out the attorneys may be forced to cross-examine their own clients, or former clients, if the case goes to trial, putting them in a difficult position.
A hearing on the motions has not been scheduled.
Nauta’s attorney is expected to file a response to the government’s motion Thursday.
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