May 25th, 2017

Some Advice for Trump’s New Lawyer

Marc Kasowitz

As the rapidly burgeoning #TrumpRussia scandal moves forward, with evidence piling up that Trump is trying to obstruct congressional investigations into collusion between his campaign and Russia, Donal Trump has picked some personal counsel.

Trump, of course, has picked many attorneys before, he being involved in over 3,500 lawsuits. And today’s “winner” of the competition for the job is Marc Kasowitz, of Kasowitz Benson Torres.

This is the same firm that employs former Senator Joseph Lieberman, who was rumored to be in line to be FBI chief. Whether it was an obvious conflict of interest to keep considering Lieberman, or Lieberman thought the 10-year gig might not actually provide the job security it once did, nobody has (yet) leaked.

But rather than go down that rabbit hole, I wanted to focus on this tidbit from one of Trump’s former  lawyers, Patrick “Paddy” McGahn. Mcgann had represented Trump many,  many times, and testified when Trump’s Taj Mahal casino went belly-up.

If the McGahn name sounds familiar, it’s because his nephew Donald McGahn is now White House Counsel. That’s another Trumpian rabbit hole I’ll try to avoid.

No, the place I’m going is this little piece of deposition testimony from Paddy McGahn over the Taj bankruptcy proceedings: It seems that the lawyers decided they could never meet with Trump one-on-one. The rule was that there always had to be a second lawyer in the room.

Why a second lawyer? To run up the bills? Hell no, to protect themselves.

Trump, Paddy McGahn testified, always had a practice of having two lawyers present when meeting with Trump to avoid problems with his lying. He and another attorney would meet together with Trump because “Donald says certain things and then has a lack of memory.”

So the lesson for Kasowitz is this: Make damn sure there are no one-on-one meetings with Trump. Record anything that can be recorded and have someone take explicit notes while it happens.

This is the only way to protect yourself when making representations about Trump, as he has a penchant for tweeting or saying something completely opposite later on. It’s a a habit.

#ProtectYourReputation

 

 

May 10th, 2017

TrumpRussia, the Watergate Sketches, and You

Jurors listen to the Watergate tapes. Sketch by John Hart.

The sketches hang in my office as souvenirs from a trial long ago. I represented the estate of the courtroom sketch artist in a medical malpractice trial, and a grateful widow sold them to me when the trial was over.

Watergate. The scandal by which all others are measured, as the ubiquitous -gate suffix was tagged to anything and everything that it could be tagged to.

The scandal stood for, above all else, obstruction of justice and abuse of power. As everyone knows (or should know) it wasn’t the “third-rate burglary” that sent Nixon packing. It was the cover-up.

I look at the sketches every day.

H.R. Haldeman, White House Chief of Staff, on the witness stand. Judge John Sirica behind him. Sketch by John Hart.

And now, with FBI Director James Comey being fired amidst an investigation he was conducting into the TrumpRussia scandal — no need for the -gate suffix here — Watergate is on everyone’s mind.

For it was Nixon that gave the order to ax special prosecutor Archibald Cox who was doing the investigation. And when the attorney general and deputy attorney general both refused, and resigned in what became known as the Saturday Night Massacre, the job fell to future judge Robert Bork.

No one in the Trump White House, it seems, could foresee that a president firing the guy that was investigating his own administration regarding Russia’s meddling in our election, and possible collusion, might be a problem.

But while Trump can fire Comey, and Acting Attorney General Sally Yates, and Preet Bharara, all of whom were investigating him — he can’t fire everyone. Because not everyone works for him.

Prosecutor James Neal talking to the jury. Judge John Sirica in the background. Sketch by John Hart.

New York Attorney General Eric Schneiderman is investigating Trump. And Schneiderman is beyond Trump’s reach.

The tell for if/when Schneiderman is getting close to something will be when Trump starts tweeting about him.

Ultimately, however, the Constitution charges we the people with the task of removal. And if not by an unwilling Congress, then by a change of the Congress the next election day.

One way or another the republic will survive this. We can only hope that there are no improvident actions in the interim that cost people lives.