A federal judge on Monday scheduled hearings over potential conflicts of interest for two lawyers representing former President Donald Trump's co-defendants, a request brought by the special counsel.
The hearings for defendants Carlos De Oliveira and Walt Nauta are slated for Oct. 12 at 1 p.m. and 3 p.m. local time, respectively. U.S. District Judge Aileen Cannon scheduled the so-called Garcia hearings in response to special counsel Jack Smith's team warning of a potential conflict of interest by Trump attorney Stanley Woodward, who is representing Trump aide Nauta.
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"The Office of Special Counsel shall be prepared to articulate the nature and scope of the potential conflicts identified ... along with any evidence in support," Cannon told Smith's team in a paperless order.
Cannon's order also instructed Nauta and De Oliveira to appear in person for the hearing, as well as defense counsel and attorneys for the special counsel's office. She noted that portions of the hearings could remain sealed to "protect privileged communications."
Last month, prosecutors claimed in court filings that Woodward represented "at least seven other individuals who have been questioned in connection with the investigation," including two who have testified about Nauta.
Prosecutors made that assertion just days after a July 27 superseding indictment was added to the case based on information from an interview with Mar-a-Lago employee Yuscil Taveras, who is described in the indictment as "Trump Employee 4" and was once represented by Woodward before obtaining outside counsel and signing a nonprosecution agreement.
Similarly, De Oliveira's attorney John Irving has been cited by the Department of Justice as representing three other people whom prosecutors may seek to call witnesses in the trial. Among Irving’s clients is a witness the DOJ said “has information demonstrating the falsity of statements De Oliveira has made to the government," according to an Aug. 16 motion.
The purpose of a Garcia hearing is to warn defendants about "potential risks" they face if they continue using the same counsel after one or more apparent conflicts of interest arises from the Justice Department's investigations, in this case over Trump's alleged improper handling of classified documents and his co-defendant's alleged acts of tampering with evidence.
The DOJ contends Woodward was warned twice about possible conflicts by representing both Taveras and Nauta, once in February and again in March.
House Judiciary Committee Chairman Jim Jordan (R-OH) fired off demands for records from Smith on Sept. 7, citing reports from June that Woodward felt like he was being pressured to cooperate with Smith's team.
Additionally, Woodward has suggested in court filings that prosecutors may be giving him unfair treatment, claiming a cooperation agreement was only offered to Taveras after he spoke to outside counsel.
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Taveras is expected to testify in the case. Woodward wants Taveras's testimony to be barred, citing the DOJ's dealings with Taveras.
“It is telling that the Non-Prosecution Agreement [DOJ] ultimately offered Trump Employee 4 was not offered before the District Court had agreed to appoint ‘conflict counsel,’” Woodward wrote in court filings on Sept. 6.