Lawyer M. Evan Corcoran, who accompanied former President Donald J. Trump to court for his arraignment on charges related to the 2020 election overturn, has provided important evidence in another federal case against Mr. Trump. This case accuses him of illegally hoarding classified documents. Another close lawyer to Mr. Trump, Boris Epshteyn, has been interviewed by prosecutors and may be implicated as a co-conspirator in the election tampering case. Furthermore, Todd Blanche, Mr. Epshteyn’s lawyer, is defending Mr. Trump against both the document and election charges.
The legal team representing Mr. Trump in these cases is facing potential conflicts and overlapping interests, prompting the special counsel’s office to raise questions. Some lawyers are representing both charged defendants and uncharged witnesses, and one lawyer could potentially become a defendant while another may become a witness in a different case. Additionally, many of the lawyers are being paid by Mr. Trump’s political action committee, Save America PAC, which has been under government scrutiny.
Prosecutors have expressed concerns about potential conflicts of interest within the legal team. They have requested a hearing regarding potential conflicts arising from the complex client list of lawyer Stanley Woodward Jr., who represents one of Mr. Trump’s co-defendants. The judge overseeing the case has been asked to inform Woodward’s clients about the potential risks they face.
Similar concerns have been raised about another lawyer in the case, John Irving, who represents another co-defendant. Irving’s client list includes three potential witnesses who could be called to testify. Both Woodward and Irving have disclosed the potential conflicts to their clients, indicating that they may need to seek new lawyers at some point.
The complexities surrounding the case have raised concerns among prosecutors. Legal ethics experts have pointed out the potential conflicts that lawyers may face, including cross-examining former clients and conflicting loyalties between clients and payers. Judges often try to avoid conflicts by disqualifying lawyers if necessary to prevent potential dismissal of the case.
One notable situation was when Mr. Corcoran, who had previously worked with Mr. Trump, appeared in court during the arraignment. Five months ago, a federal judge ordered him to provide extensive audio notes about his work for Mr. Trump. These notes played a central role in the indictment against Mr. Trump, accusing him of illegally retaining classified documents. Mr. Corcoran may be called as a witness in the documents trial while continuing to assist Mr. Trump’s defense team in the election case. Prosecutors have inquired about Mr. Corcoran’s role in the election case but have not yet indicated objections.
Although conflicts can be waived or mitigated, the complexities of the case, including intertwined roles and overlapping interests, have raised concerns and questions about the legal team’s representation of Mr. Trump.