Prosecutors have dropped an felony invasion of privacy charge against Greitens on Monday.
Missouri's rules of professional conduct prohibit attorneys from litigating a case in which they've been called as a witness, though those rules don't normally require the disqualification of the entire office or firm, said University of Missouri associate law professor Ben Trachtenberg. "But this case is full of things that are extraordinarily rare".
The prosecution agreed to dismiss the case on Monday. A prosecutor would have to have firsthand, relevant knowledge of a crime to be called as a witness, they said.
Greitens' attorneys have attacked Gardner's handling of the invasion-of-privacy case against the governor since a grand jury indicted him in February.
Saint Louis University law professor John Ammann reviewed the transcripts obtained by 5 On Your side.
Eric Greitens no longer faces a felony charge stemming from an extramarital affair, but a legislative panel signaled Tuesday that it's pushing forward with its own expanded investigation into a variety of allegations against the Republican governor.
Greitens attorneys say Tisaby refused to testify in a deposition about his perjury and misbehavior in the case and pleaded the Fifth Amendment in response to over 50 questions. Greitens' defense team had accused Gardner of allowing private investigator William Tisaby, whom she hired, to commit perjury and withhold evidence from defense attorneys. His attorney, Jermaine Wooten, said Tuesday that Tisaby did not have time to prepare for questioning. "He's an honest and decent man".
At one point during one of the pretrial hearings, Judge Rex Burlison called prosecutors and defense attorneys into his chambers for a conversation that was, until now, kept out of the public eye and under seal.
A partial, unsealed transcript showed Burlison told the attorneys that while he was allowing Greitens' lawyers to list Gardner as a witness, he as the judge still needed to determine "whether that witness can actually be used".
Gardner said the reason she dropped the charges was that the defense team meant to put her on the witness stand. Greitens has declined to directly answer questions about whether he took the photo.
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