The lawyer working for Donald Trump in the Stormy Daniels hush money investigation may be disqualified from representing the former president over alleged previous communications he had with the adult film star, according to reports.
Lawyers for Daniels, whom Trump organized a $130,000 payment for to keep an alleged affair between the pair a secret ahead of the 2016 election, handed over exchanges between Daniels and lawyer Joe Tacopina to the Manhattan District Attorney's office that could represent a conflict of interest, CNN reported.
Tacopina has been outspoken in recent days amid reports the former president faces possible indictment as prosecutors investigate if the hush money Trump arranged for his former attorney Michael Cohen to pay Daniels amounted to a campaign violation, or if any records were falsified when Cohen was reimbursed for the money, which was listed in Trump Organization records as legal fees. Trump denies wrongdoing and denies having an affair with Daniels.
It is unclear what the apparent communications between Daniels and Tacopina dating back to 2018 amount to. Daniels' lawyer, Clark Brewster, believes there could be confidential information about his client within the exchanges that may impact the investigation.
If the claims are accurate, a judge could disqualify Tacopina from representing Trump in the hush payment probe due to the conflict of interest.
"If Daniels did consult with Trump's lawyer, and if she did seek legal advice or provide confidential information, then there is attorney-client privilege attached and there is an actual conflict of interest," Neama Rahmani, a former federal prosecutor, told Newsweek.
"Daniels would be a witness, maybe the key witness, in a criminal case brought by the Manhattan District Attorney's Office. Trump's lawyer would have to withdraw from representing Trump, and if he did not voluntarily do so, Daniels or prosecutors could file a motion to disqualify him."
Tacopina denies that there is a conflict or that confidential information was shared with his office. The Trump attorney also denied that he has met or spoken with Daniels.
Newsweek has contacted Tacopina for comment via email.
Brewster told CNN he handed the Daniels' communications over to prosecutors after seeing Tacopina make public statements that contradicted emails he and his firm sent Daniels.
In recent days, a 2018 interview Tacopina gave to CNN's Don Lemon re-emerged which appeared to suggest he had contact with Daniels before she hired the disgraced lawyer Michael Avenatti to represent her in the hush money investigation.
Avenatti was sentenced in June 2022 to four years in prison for cheating Daniels out of hundreds of thousands of dollars in book proceeds.
During his March 2018 appearance on CNN, Lemon asked Tacopina whether he had communications with Daniels before she ended up hiring Avenatti.
"You know, obviously there's attorney client issues, let's put it this way," replied Tacopina.
"I was contacted...but I can't go into anything further. I'm not representing her. I don't represent her. I've never represented her. I've been asked to represent a lot of people. I don't take every case I'm asked to represent."
In another March 2018 appearance, Tacopina also hinted that he may have had some sort of conversation with Daniels after Lemon asked whether it appeared Daniels may have signed a non-disclosure agreement under duress or appeared afraid for her physical safety.
"Of course I can't really talk about my impressions or any conversations we had because there is an attorney-client privilege that attaches even to a consultation," Tacopina said.
After Trump said he would be arrested on Tuesday as part of the hush money investigation, Tacopina told Newsweek that next week instead "looks like the way it will be" with regards to a potential arraignment.
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March 22, 2023 at 06:48PM
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Donald Trump's Lawyer Might be Disqualified Over Conflict of Interest - Newsweek
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