(Bloomberg) — The federal judge presiding over the prosecution of Donald Trump over his handling of classified documents is reviewing the government’s “legal estate” using grand juries in both Florida and Washington to build his case against the former president.
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U.S. District Judge Aileen Cannon, a Trump appointee, on Monday ordered both sides to submit reports on how special counsel John “Jack” Smith’s team used a grand jury in Washington to continue gathering evidence after he had already indicted Trump in Florida via a grand jury. in miami
The involvement of multiple grand juries is an issue raised by Trump’s lawyers as a possible line of attack against the prosecution because there are rules that limit how and where the government can use them. Cannon’s order puts Smith in charge of explaining the process.
The special counsel’s spokesman, Peter Carr, said in an email that Smith’s office “will respond at the appropriate time through a court filing.”
Read more: Trump special counsel probes remain active even after indictments
Cannon’s order was prompted by a request from Smith’s team last week for a hearing on whether there were conflict-of-interest issues involving Stanley Woodward, a lead attorney for co-defendant Trump and personal assistant Waltine “Walt” Nauta.
Cannon rejected an attempt by prosecutors to present more information on the conflict issue under seal, saying they had not provided a “sufficient legal or factual basis.” He gave Nauta until August 17 to respond and said the government should respond by August 22. Trump’s lawyers can also intervene before August 17.
Woodward declined to comment. A Trump spokesman did not immediately respond to a request for comment.
In its motion last week, the government confirmed it was continuing to use grand juries in Florida and Washington after indicting Trump on June 8 “to investigate further obstructionist activities.” Trump and Nauta are accused of trying to interfere with federal officials’ efforts to retrieve classified documents after Trump left the White House. Trump is separately accused of mishandling state secrets. He and Nauta have pleaded not guilty.
A Florida grand jury returned a new version of the indictment on July 27 that added more obstruction counts and an additional co-defendant, Carlos De Oliveira, an employee at Trump’s Mar-a-Lago resort. De Oliveira also pleaded not guilty.
Woodward has represented at least seven other people besides Nauta who were questioned in the classified documents investigation, including three potential trial witnesses, according to the government. The potential witnesses are not being named, which prosecutors said they were filing under seal, but were described as Mar-a-Lago’s director of information technology and two people who worked for Trump while he was president and after he left office.
Mar-a-Lago’s CIO has a new attorney, according to the government, but prosecutors said that doesn’t fully resolve potential conflicts with Woodward staying on the case. Prosecutors have alleged that Trump, Nauta and De Oliveira conspired to try to get that employee to delete security footage at Mar-a-Lago after the government demanded it.
Woodward continues to represent the other two potential witnesses, the government told Cannon.
Lawyers may represent multiple clients in the same investigation, but not at the expense of a single client’s interests. A client can agree to retain their attorney and waive raising any issues of conflict later, but the judge can investigate to make sure the person’s rights are protected and has the power to reject a waiver.
The government has requested this investigation when it comes to Woodward’s representation of Nauta.
The case is USA v. Trump, 23-cr-80101, U.S. District Court, Southern District of Florida (West Palm Beach).
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