Benjamin Brafman, Harvey Weinstein: Defense attorney will have to receive approval.

Benjamin Brafman will seek court permission to depart as Harvey Weinstein’s defense attorney, according to ABC News. The exit must be approved by Judge James Burke in New York.

A representative for Weinstein said there is nothing new to report right now but did not deny that Brafman would be departing when contacted TheWrap for comment by on Monday. Brafman did not immediately return a request for comment.

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Weinstein faces five charges, including rape, in which the former Hollywood mogul is accused of sexually assaulting two women. Brafman was successful in getting one of six charges dismissed but had another request dismissed back in December.

A pre-trial hearing is set for March 7 with the trial set to begin on May 6.

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In November, Weinstein via Brafman filed paperwork in New York Supreme Court saying that the entire prosecution had been tainted by police misconduct. Manhattan District Attorney Cyrus Vance Jr. dismissed a sixth criminal charge against Weinstein, in which Lucia Evans accused Weinstein of forcing her to perform oral sex on him in 2004.

At the time, Brafman had said the superseding indictment should be dismissed “because it was based on a defective Grand Jury proceeding, that was irreparably tainted by police misconduct, Lucia Evans’ false testimony and the District Attorney’s failure to provide the Grand Jury with exculpatory evidence of the long-term, consensual, intimate relationship between Mr. Weinstein and the alleged rape victim in counts three, four and five.”

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