Text communications between adult film actress Stormy Daniels and an attorney who now represents former President Donald Trump have been turned over to the Manhattan District Attorney’s Office, possibly complicating the former president’s defense ahead of a looming indictment.
The Manhattan district attorney obtained text messages dating back to 2018, when Daniels was seeking legal representation after she first sued Trump for allegedly paying her to keep quiet about having sexual affairs, according to CNN. Those communications were exchanged with Joe Tacopina, who is now the defense lawyer for Trump in the same case.
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The text messages contain details about Daniels’s testimony in the case and could be considered confidential, according to her current attorney, Clark Brewster. As a result, the messages could limit Tacopina in his defense of Trump, possibly complicating his case if he goes to trial.
Under New York law, a lawyer who meets with a “prospective client” may not use or reveal any of the information that was shared during a consultation meeting, even if an attorney-client relationship was not established. That means if Daniels did share confidential information with Tacopina, the defense attorney would be barred from cross-examining her on the witness stand in a trial against Trump.
Tacopina would also be prohibited from using any of the information Daniels shared with him against her as a witness, the outlet reported. That could further complicate Trump’s case, as it’s likely Daniels’s team would push to limit Tacopina from sharing that information with the rest of his legal team.
Tacopina has denied any conflict of interest in the matter and rejected claims that Daniels shared confidential information with this office in their exchanges, according to the outlet. However, if the judge rules in favor of Daniels, it could significantly limit what the defense attorney can do during a hypothetical trial.
The revelation comes as Trump faces a looming indictment in the hush money case, which could come as soon as next week. It’s not yet clear what charges the former president may face. Reports of a looming indictment emerged after former Trump attorney Michael Cohen testified before the Manhattan grand jury multiple times earlier this month.
Cohen was convicted in 2018 after pleading guilty to paying two women who accused Trump of sexual affairs to be silent, which included Daniels. As part of the scheme, Cohen paid Daniels $130,000 and was later reimbursed by the Trump Organization.
Manhattan prosecutors later opened an investigation into whether Trump falsified business records to list the reimbursement as a legal expense. Such a crime is a misdemeanor in New York but could be enhanced to a felony if Manhattan District Attorney Alvin Bragg’s office argues the fraud was intended to conceal a second crime.
At the time of Cohen’s trial, federal prosecutors did not press charges against Trump due to guidance from the Justice Department that a sitting president cannot be charged with a crime. However, prosecutors revived discussions about possible charges shortly before Trump left office in 2021.
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The case received increased attention after Trump posted on his Truth Social account over the weekend that he expected to be arrested on Tuesday, urging his supporters to protest and “take our nation back.” The call for protests has prompted increased security measures outside the Manhattan District Attorney’s Office, the U.S. Capitol building, and Trump’s home in Mar-a-Lago.
GOP lawmakers were quick to decry Trump’s possible arrest, denouncing it as being a political attack ahead of a crucial election cycle. House Republicans announced on Monday they would be opening investigations into Bragg and his conduct surrounding Trump’s indictment.
