Attorney David Harbach argued the defendants’ attorneys were ethically prohibited from properly defending their clients
FORT PIERCE, Fla.—Attorney David Harbach with the special counsel’s office threw out a new argument during the two Garcia hearings scheduled Thursday, drawing ire from the judge for “wasting the court’s time” by not filing the arguments and case citations the motions the government had already submitted.
Mar-a-Lago property manager Carlos De Oliveira and butler Waltine Nauta were charged alongside former President Donald Trump for allegedly mishandling classified documents, and on Oct. 12, the government argued that their attorneys had conflicts of interest and could not properly represent them. The purpose of a Garcia hearing is so the defendants are clear about any potential conflicts of interest and their ramifications. The hearings for Mr. De Oliveira and Mr. Nauta were held back to back.
Mr. Harbach had argued there was an ethical issue with the defendants’ legal counsel, and that they should not be able to call into question their former clients’ credibility and characters on the witness stand. The roundabout arguments ended up frustrating the judge, and Mr. Nauta’s hearing was ultimately postponed.
Carlos De Oliveira
Mr. De Oliveira is represented by John Irving and local attorney Larry Murrell.
The prosecution argued that Mr. Irving previously represented three potential witnesses only identified as Trump Employee 3, Witness 1, and Witness 2, and though he no longer represents them, attorney-client privilege would still apply, and he would not be able to make use of confidential information regarding his former clients. Mr. Irving stopped representing the three clients on Aug. 30, and said there was nothing he knew that the government didn’t already know, and no issue of confidentiality would be a problem in the case.
Mr. Harbach appeared to cast doubt on the claim, saying “we don’t know what we don’t know.”
Judge Aileen Cannon, presiding over the case, repeatedly asked Mr. De Oliveira if he understood the arguments, and the impact of retaining his attorney, and the possibility that his lawyer may not represent him as “vigorously” as he is supposed to. Mr. De Oliveira, who speaks with a thick Portuguese accent, answered affirmatively each time.
By T.J. Muscaro and Catherine Yang
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