Conflicts of Interest at Mar a Lago

My new column at The Hill explains how the lawyer for Walt Nauta, Trump’s codefendant in the “retained documents” case, has conflicts of interest that may lead to his disqualification. If so, Nauta’s new attorney is likely to counsel him to reconsider cooperating with the prosecution. Here is the gist:

There is more than one conflict in Trump’s classified documents case 

A seemingly routine pretrial motion in the Florida “retained documents” case — involving only codefendant Waltine Nauta — potentially spells serious trouble for the former president. 

On the surface, special counsel Jack Smith’s motion for Garcia hearing asks only that the court inquire into possible conflicts of interest for Nauta’s lawyer, Stanley Woodward. The subtext, however, is that Woodward, who has been described as a go-to lawyer for Trump world “bigwigs,” may well be disqualified as defense counsel, and any replacement attorney might be far more inclined to encourage Nauta to take a deal and testify against Trump. 

Woodward is unquestionably an honorable lawyer. I do not doubt that he has obtained Nauta’s formal consent to his representation, following extensive disclosure, which Nauta will confirm in court. Conflicts of interest, however, often have their greatest impact below the surface, subtly distorting judgment, clouding insights and blunting acuity, in ways that the lawyers and clients themselves do not appreciate or perceive. 

Nauta will ultimately decide for himself whether to defect from the defense camp. But Woodward is not the right attorney to deliver the sternest of warnings about the dangers of sticking with Trump. That would be the job of an unconflicted lawyer, and we will soon find out whether Judge Cannon will require one. 

You can read the entire essay at The Hill.