Monday, March 26, 2018

No problems at all with his legal team, with whom he is "very happy"

As President Trump heads into one of the most critical phases of the special counsel’s investigation, his personal legal team has shrunk to essentially just one member [Jay Sekulow, a conservative commentator who made his name on religious freedom cases], and he is struggling to find any top lawyers willing to represent him.

[...]

In some cases, lawyers’ firms have blocked any talks, fearing a backlash that would hurt business.

The president lost two lawyers in just the past four days, including one who had been on board for less than a week.

Joseph diGenova, a longtime Washington lawyer who has pushed theories on Fox News that the F.B.I. made up evidence against Mr. Trump, left the team on Sunday. He had been hired last Monday, three days before the head of the president’s personal legal team, John Dowd, quit after determining that the president was not listening to his advice.

[...]

Roger Cossack, a seasoned legal analyst, said the key to successfully defending a high-profile client under immense scrutiny was to have a cohesive legal team with a consistent strategy.

“In these types of cases, you need highly competent lawyers and a client who will listen and follow their advice,” Mr. Cossack said. “If you don’t have both, you have what we’re seeing here: chaos and disaster.”

[...]

“He is looking for the guy who can say, ‘I know how to handle Mueller, I know you think he is bad, and we’ll take care of it.’ Problem is you can’t find that lawyer because no one will be able to do that.”

[...]

[Trump attorney Marc] Kasowitz pushed for an adversarial approach to the special counsel, which the president was poised to follow. But Mr. Kasowitz clashed with Mr. Kushner, and he was soon pushed aside after a series of missteps and embarrassing incidents.

[...]

When Mr. Kasowitz took the lead after Mr. Mueller was appointed in May, he wanted to follow a model used by Mr. Clinton, with a separate team of lawyers and communications professionals handling issues related to the inquiry, so that the White House staff could keep its distance.

But Mr. Trump, who trusts few people and considers himself his best lawyer, spokesman and strategist, never wanted that type of system. As a result, his legal and public relations strategies have been out of sync, with the president at times publicly contradicting his lawyers, and the White House often finding itself flat-footed in the face of new disclosures about the Russia investigation.

[...]

This month, the president met with the veteran lawyer Emmet Flood about the possibility of joining the legal team. But Mr. Trump was put off by the fact that Mr. Flood, a Republican, had represented Bill Clinton during his impeachment process, and Mr. Flood has made clear that he will not represent the president if Marc E. Kasowitz, his brash longtime personal lawyer, has any role in the effort.

Mr. Trump also tried to recruit Theodore B. Olson, a well-known Republican lawyer, but Mr. Olson has said he would not be representing the president.

[...]

One reason Mr. Dowd quit was that, against his advice, Mr. Trump was insistent that he wanted to answer questions under oath from Mr. Mueller, believing that it would help clear him.

Mr. Dowd had concluded that there was no upside and that the president, who often does not tell the truth, could increase his legal exposure if his answers were not accurate.

  NYT
"If".

Mr. Trump, hoping to bolster his team, met with Mr. diGenova and Ms. Toensing in recent days but, according to two people told of details about the meeting, did not believe he had personal chemistry with them.

There were also significant conflict-of-interest issues, but Mr. Trump could have waived them if he wanted. Ms. Toensing is representing Mark Corallo, who was the spokesman for Mr. Trump’s legal team in 2017 before they parted ways. Mr. Corallo has told investigators that he was concerned that a close aide to Mr. Trump, Hope Hicks, may have been planning to obstruct justice during the drafting of a statement about a meeting between a Russian lawyer and Donald Trump Jr. during the campaign.
How could he have waived that conflict? That's a big conflict. To argue on behalf of Corallo - against Hope Hicks, the lawyers would have to implicate Trump in Hicks' actions.

...but hey, do what you want...you will anyway.

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