Judge rebukes prosecutors at hearing on attorney-client tangle in Mar-a-Lago case

FORT PIERCE, Fla. (CN) — A federal judge admonished prosecutors in the classified documents case against former President Donald Trump for raising unexpected arguments at a court hearing Thursday to discuss possible conflicts of interest involving two defense attorneys.

U.S. District Judge Aileen M. Cannon said she was “disappointed” that the Department of Justice did not raise arguments before the hearing on whether to curtail defense attorney Stanley Woodward Jr.’s ability to cross-examine his former clients at trial.

Cannon, a Trump appointee, said she was not prepared to rule on the issue Thursday.

Woodward, an attorney for Trump’s co-defendant, Walt Nauta, has represented at least seven potential witnesses in the former president’s criminal case in Florida, where he is accused of mishandling classified documents he kept at the Mar-a-Lago resort after leaving office.

Those witnesses include an ITspecialist at Mar-a-Lago who has become a key cooperator for the prosecution.

The employee, who is not identified in court records, told a federal grand jury in March he had no knowledge of the scheme to hide classified documents at the resort. He changed his story in June after dropping Woodward as his attorney, telling authorities De Oliveira pressured him to delete incriminating surveillance footage last summer at the resort.

The Department of Justice filed a superseding indictment in July charging all three co-defendants with additional obstruction-related offenses based on the employee’s statements.

Assistant Special Prosecutor David Harbach told Cannon at Thursday’s hearing the IT specialist would be called to testify at Trump’s trial in May. Other witnesses in the case represented by Woodward or John Irving, De Oliveira’s defense attorney, may also take the witness stand, Harbach said.

Lawyers have a duty to maintain the confidentiality of information provided by their current or former clients, Harbach said. He argued attorneys also have a duty of loyalty, which would preclude Woodward and Irving from cross-examining their former clients at trial or even questioning their integrity before the jury.

In a hearing with his client, Irving agreed that his co-counsel on the case would cross-examine three witnesses he previously represented in the case if they are called to testify. He told Cannon those witnesses have obtained independent counsel since the Department of Justice raised the issue of potential conflicts in August.

Cannon explained the potential conflicts to De Oliveira. The Mar-a-Lago property manager said he understood and waived his right to later appeal on the issue if found guilty.

Woodward balked at the prosecution’s demands, however. He agreed he had a duty to maintain the confidentiality of information provided to him by the witnesses, two of whom he continues to represent. But he accused the government of blindsiding the court by arguing he could not challenge their credibility at trial.

Woodward said he discussed the conflicts with Nauta, but he did not anticipate having his trial role diminished. He told Cannon his client could not waive his rights without further discussion.

Harbach provided the judge several cases that supported the government’s position, but acknowledged the issue was not raised in prior briefings. He said prosecutors were “at a loss” as to how Woodward could believe he could fairly cross-examine his former clients.

Cannon said she would issue an order for further briefings on the matter.

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