MIAMI—A second co-defendant in the classified documents case involving former President Donald Trump has asked that a hearing to determine possible conflicts of interest involving his attorney be sealed from the public record.
“A Garcia hearing is appropriate given that an attorney who cross-examines a client inherently encounters divided loyalties,” Mr. Smith wrote in the motion filed in federal court on Aug. 16.
The purpose of the hearing is to ensure that Mr. De Oliveira is aware of any conflict of interest in his attorney and has the opportunity to seek independent counsel.
Mr. Irving and co-counsel Larry Donald Murrell Jr. replied on Aug. 30, stating they had no objection to the hearing but asked that the three potential witnesses be excluded from the hearing and that the record not be made public.
The attorneys also argued that the request for a Garcia hearing seemed premature, as the trial itself is not scheduled to begin until May 2024, and added that they don’t see a need for the hearing.
“To be clear, undersigned counsel is unaware of any confidential information he obtained from any of those potential witnesses that could be used to cross-examine them, as it appears clear that they provided the same information to the Government. Even if such information existed, any potential prejudice to Mr. De Oliveira can be easily avoided by having Mr. De Oliveira’s Florida counsel, Donnie Murrell, cross-examine those witnesses,” they wrote.
Mr. Irving asserted that he no longer represents the three potential witnesses.
Attorneys for Waltine Nauta, a personal aide and President Trump’s other co-defendant in this case, made similar points in their response to the prosecutor’s motion on Aug. 17, also asking that any hearing not include the potential witnesses and be sealed from the public record.
Both sets of attorneys pointed out that the law guarantees a right to counsel for defendants only, not for witnesses.
If a conflict of interest were discovered, the judge could bar Mr. Irving from participating, or Mr. De Oliveira could sign a waiver indicating that he would like to proceed despite the conflict, or he could request a different attorney.
Judge Cannon has not determined whether or not the hearing will be held.
