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Federal prosecutors have asked the judge overseeing the prosecution of Donald Trump, Walt Nauta and Carlos De Oliveira in the Southern District of Florida to hold a hearing that could result in Mr Nauta seeking new legal representation in the case against him. Special Counsel Jack Smith’s office on Wednesday filed a motion asking Judge Aileen Cannon to schedule what is known as a “Garcia Hearing,” at which Mr Nauta would be informed that he has the right to be represented by a lawyer who does not represent any other party in the case against him. The proceeding takes its’ name from a 1975 court case, United States v. Garcia, in which an appeals court found that a defendant could use an attorney with a conflict of interest if they were properly informed as to the risks in doing so. Prosecutors said they were asking for the hearing because Mr Nauta’s attorney, Stanley Woodward, has represented or is currently representing three other people who may be called to testify against the longtime Trump aide and his co-defendants when the case against them goes to trial in May 2024. They explained that the hearing is needed because “ an attorney who cross-examines a former or present client inherently encounters divided loyalties,” and suggested that Judge Cannon could “procure” an independent attorney to be present at the hearing to advise Mr Nauta should he wish to speak with them. The special counsel’s office said Mr Woodward, who is paid by Mr Trump’s Save America Political Action Committee, represents seven persons who have been questioned during the government’s probe into the ex-president’s alleged mishandling of classified information. Specifically, they said the individuals include the Mar-a-Lago IT director referenced in the indictment of Mr Trump, Mr Nauta and Mr De Oliveira as “Trump Employee 4” as well as two other Trump aides who worked for the ex-president “during his presidency and afterwards”. Prosecutors also noted that they had previously told Mr Woodward in February and March of this year that his representation of the IT supervisor constituted a conflict because the employee would give evidence that was damaging to Mr Trump and Mr Nauta. The IT worker subsequently obtained a different attorney in early July, just a few weeks before the government obtained a superseding indictment of the ex-president and Mr Nauta and added Mr De Oliveira as a defendant in the case using the worker’s testimony. Continuing, they said Mr Woodward’s representation of the potential witnesses raises a conflict of interest because it “may result in the attorney’s improper use or disclosure of the client’s confidences during the cross-examination” or result in the attorney “pulling his punches” during cross-examination of the witnesses to protect the client or his own personal interests. “Where, as here, a potential conflict arises from an attorney’s simultaneous or successive representation of a defendant and a potential witness, a Garcia hearing is warranted. Nauta should be thoroughly advised of the potential conflicts and attendant risks,” they said. Prosecutors added that the two witnesses other than the Mar-a-Lago IT worker should also attend the hearing so they can be advised of the risks of having Mr Woodward as an attorney. A response to the government motion by Mr Nauta’s legal team is due on 16 August. Read More Trump has now been indicted for a 3rd time. Here's where all the investigations stand Mar-a-Lago property manager is the latest in line of Trump staffers ensnared in legal turmoil Mar-a-Lago worker charged in Trump's classified documents case to make first court appearance

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The indictments against Donald Trump may help him get the Republican presidential nomination, but they’re harming his prospects of winning the general election against President Joe Biden. That’s among the results of a new poll from Politico Magazine and Ipsos which has revealed that the American people are taking the cases against Mr Trump seriously, with the survey revealing the electorate’s particular focus on the 2020 election subversion proscution brought by the Department of Justice. The poll also shows that most Americans remain sceptical of Mr Trump’s arguments that the cases against him have no merit and that they’re part of a politically motivated witch hunt and a weaponization of the justice system. Compared to a previous Ipsos survey from June, the numbers are moving in a negative direction for Mr Trump, specifically regarding the timeline of a trial and whether Mr Trump should be imprisoned if he’s convicted. The more recent poll was conducted between 18 and 21 August, about two and a half weeks after the second federal indictment against Mr Trump was handed down and some days following the former president being charged on 13 counts in Fulton County, Georgia. With 1,032 respondents, the poll had a margin of error of 3.2 per cent. The poll also found that most Americans think Mr Trump should stand trial before the 2024 election. Federal prosecutors have suggested a trial date of 2 January 2024 for the DoJ’s 2020 election case while Mr Trump’s lawyers have argued that the trial should wait until April 2026, the latter giving Mr Trump ample time to attempt to get re-elected, possibly return to the West Wing and shut down the case against him. The American people as a whole agree with the timeline of the Department of Justice — 59 per cent said they think the trial should occur before the GOP primaries and 61 per cent said they think it should take place before the general election. There’s a large partisan split between the parties with 89 per cent of Democrats saying the trial should take place before the general election, but only 33 per cent of Republicans agreeing. And among the most important group to win over in an election — independents — 63 per cent say the trial should happen before the election. After Mr Trump’s indictment in Florida regarding his alleged mishandling of classified documents, only 48 per cent of independents said the trial in that case should happen before the election. Mr Trump has similar problems when it comes to the number of Americans who believe he’s guilty in the federal election subversion case — 51 per cent believe he is. That includes 88 per cent of Democrats, 14 per cent of Republicans and 53 per cent of independents. Forty-four per cent of Americans said that a conviction of Mr Trump in the federal election subversion case wouldn’t affect their willingness to support Mr Trump, while 32 per cent said the outcome of the trial would affect how they voted, meaning that Mr Trump may lose support in a highly polarized race. Meanwhile, 13 per cent — a group made up mostly of GOP voters — said a conviction would make them more likely to vote for Mr Trump. Another potential issue for the former president is that there are still many Americans who know little about the allegations against him, meaning that his polling figures may worsen as voters tune into the news ahead of the election. Between a quarter and a third of respondents in the poll said they don’t understand the charges against Mr Trump well. If Mr Trump is convicted in the federal election subversion case, 50 per cent of Americans say he should go to prison, including 87 per cent of Democrats, 11 per cent of Republicans and 51 per cent of independents. When asked if the federal election subversion case was based on a “fair evaluation of the evidence”, 59 per cent of Americans agreed. Twenty-three per cent of Republicans said the indictment was fair, while the figure for Democrats was 89 per cent and 64 per cent for independents. While Mr Trump has been arguing that the Biden administration has been weaponizing the justice system, more Americans think Mr Trump is guilty of this. Fifty-three per cent of Americans said that the Trump administration used the Department of Justice to go after political enemies without evidence, compared to 45 per cent who said the same about the Biden White House. But 44 per cent of Americans — 20 per cent of Democrats and 40 per cent of independents — said the indictment of Mr Trump was an attempt to get an advantage for Mr Biden. The poll also measured the approval ratings of Mr Trump and Mr Biden in connection to the cases against the former president. Mr Trump received a net favourability rating of -31 per cent while Mr Biden received -9 per cent. Read More Eric Trump denies report of $422m Mar-a-Lago sale days before his dad’s Georgia arrest Kanye West’s latest link to Trump is captured in a grinning mug shot Trump cashes in on historic mug shot with ‘never surrender’ merch as last co-defendants booked at jail: Live