Category: Lawyering

Lanny Davis And The Year Of Lawyers Living Dangerously

Below is my column in The Hill newspaper on the recent admission by Michael Cohen’s lawyer that he was the source on what appears a false story on the meeting at Trump Tower with Russians and Trump officials.  Davis also admitted that he lied to the media in denying that he was the source of the story.  It may be too early to predict the demise of Davis. We discussed earlier the controversy surrounding former CNN commentator and DNC official Donna Brazile lied to the public about being the author of hacked emails giving Hillary Clinton debate questions in advance. She is back as a commentator on various networks.

Here is the column: Continue reading “Lanny Davis And The Year Of Lawyers Living Dangerously”

Wall Street Journal Reports Manafort Sought Deal With Mueller

ManafortThe Wall Street Journal is reporting that Trump Campaign Chairman Paul Manafort sought a plea deal with Special Counsel Robert Mueller while the jury was deliberating in Virginia.  The report indicates that Manafort understood the likelihood of conviction and also could be willing to follow other Trump insiders with a deal.  Why such a deal broke down is an intriguing question.

Continue reading “Wall Street Journal Reports Manafort Sought Deal With Mueller”

The Great American Witness Auction: How Michael Cohen And Others Are Making Millions In A Testimony Market

Microcosm_of_London_Plate_006_-_Auction_Room,_Christie's_(colour)Below is my column in The Hill on the curious role that Gofundme is playing in the ongoing controversies surrounding the Trump Administration.  There is an emerging type of market for witnesses on both sides where they compete for donors based on their potential value attacking or defending President Donald Trump.

Here is the column: Continue reading “The Great American Witness Auction: How Michael Cohen And Others Are Making Millions In A Testimony Market”

Michael Cohen’s New Role As The “Liberated” Liar “Speaking Truth To Power”

Below is my column in the Hill newspaper on Michael Cohen’s emergence as a witness against President Donald Trump. The man who declared that he would take a bullet for the President just took a plea. In the meantime, Trump friend David Pecker has been given immunity and reportedly implicated Trump in knowing about the hush money payments before they were made.  In what could well be the worst development, Allen  Weisselberg, chief financial officer for the Trump Organization, has been granted immunity.  Weisselberg is referred in the tapes Cohen secretly recorded with Trump and could offer highly damaging and detailed evidence of any criminal conduct.

Here is the column: Continue reading “Michael Cohen’s New Role As The “Liberated” Liar “Speaking Truth To Power””

One Voice Louder Than Others: Manafort’s Diminishing Options

ManafortBelow is my column in USA Today on the increasingly dire situation for Paul Manafort who is looking at roughly a decade of potential jail time after the convictions in Alexandria — and substantially more jail time if convicted in the upcoming trial in Washington, D.C.  In the meantime, yesterday, White House said that no decision has been made yet on a possible pardon for Manafort.

Manafort once said, while he listens to everyone, Trump’s voice was louder than others. That voice must be uncomfortably quiet in the aftermath of the verdict.

Here is the column: Continue reading “One Voice Louder Than Others: Manafort’s Diminishing Options”

Manafort Heads To D.C. With Eight Felonies . . . And An Increasingly Desperate Pardon Strategy

ManafortBelow is my column in The Hill newspaper on the implications of the conviction of Paul Manafort in Alexandria Virginia.  Notably, if President Donald Trump is inclined to pardon Manafort, he may want to do it before the approaching start of the D.C. trial.  The counts in the new trial are a true parade of horribles for Manafort and his image will hardly improve by the end. He will face details over his work for a blood-soaked authoritarian figure who fled into exile to Moscow.  It will be much more difficult to portray Manafort as a victim and a “good man” after that evidence is aired in open court.

I previously warned that Manafort’s obvious hung jury strategy was likely to fail.  He is now left with only his pardon strategy, though his lawyer ominously warned that he is considering “all of his options.”

Continue reading “Manafort Heads To D.C. With Eight Felonies . . . And An Increasingly Desperate Pardon Strategy”

Michael Cohen, The Ultimate Red Shirt Defendant Takes A Plea

images-1.jpgThe appearance of Michael Cohen in court as a self-confessed felon was as riveting as predictable as scene in this unfolding drama. Indeed, if this is ever made into a movie, it would seem all too formulaic. Cohen is the ultimate red-shirt defendant. In the film industry, “red shirts” are characters in a movie plot that inevitably die (like those red shirted security officers in Star Trek that always seem to face demise by the end of an episode). You can often spot a red shirt in that character who is so over-the-top in reading letters from home or over compensating in the face of a pending battles. They are dead men walking.  If you play back the last year, there is one guy who stands out in the red shirt, the guy who has to implode and flip. It is Michael Cohen. Continue reading “Michael Cohen, The Ultimate Red Shirt Defendant Takes A Plea”

Giuliani: “Truth Isn’t Truth”

225px-rudy_giulianiIn a interview painfully reminiscent of the “alternative facts” statement of Kelly Anne Conway, Trump attorney Rudy Giuliani triggered another firestorm by declaring on NBC’s Meet the Press that “truth isn’t truth.”  I actually can see what Conway was trying to say with her “alternative facts” comment, but the Giuliani comment left me mystified why a lawyer would frame such an argument. He was understandably trying to convey that prosecutors can frame the facts in ways to trap a witness. However, it came out in a terribly mangled way.  In the meantime, President Trump was on Twitter asserting that White House Counsel Don McGahn is “no RAT” like John Dean in the Nixon Administration. Both statements took the worst possible framing of their respective arguments and predictably led to another wave of criticism. Continue reading “Giuliani: “Truth Isn’t Truth””

The False Friend Dilemma: Why Trump Has Few Options In Dealing With Omarosa

Below is my column in the Hill newspaper on the continuing controversy surrounding the release of the tell-all book by Omarosa Manigault Newman.  Manigault Newman has continued her release of secret tapes featuring the President and his staff.  Her latest tape captures a private conservation with Lara Trump who offers Manigault Newman a $15,000 a month job with the Trump campaign on the promise that she will “stay positive.”  Trump refers to the rumor that Manigault Newman has dirt of Trump as she offered a job with few apparent duties or expectations other than “staying positive.”  Of course, many of us are still wondering what Manigault Newman did in the White House.  Nevertheless, the taping shows the utter lack of loyalty or honestly by Manigault Newman in dealing with friends and coworkers. 

The Trump campaign has now filed a civil action, which is discussed as a possibility in the column below.  The potential for criminal liability however is limited in this case.

Here is the column: Continue reading “The False Friend Dilemma: Why Trump Has Few Options In Dealing With Omarosa”

Did Manafort’s Lawyers Just Commit A Serious Violation In Its Closing Argument? [Updated]

ManafortThe end of the trial of former Trump campaign chair Paul Manafort today proved controversial after the defense counsel made reference to the alleged selective prosecution by the Special Counsel. If accounts are accurate, it would seem a direct violation of the prior understanding with the court that no party was to make reference to selective prosecution and the Special Counsel investigation of President Donald Trump.

Continue reading “Did Manafort’s Lawyers Just Commit A Serious Violation In Its Closing Argument? [Updated]”

Manaport Declines To Testify Or Present Defense in Alexandria Trial

ManafortIn a brief exchange with Judge T.S. Ellis III, former Trump campaign chair Paul Manafort declined yesterday to take the stand in his own behalf.  His defense then declined to present its own case and moved the trial to closing arguments. Given the highly damaging evidence offered by the prosecution, there is little that will be offered to actually refute the charges.  The decision to waive testimony and a defense case can be a strong strategic choice in a case where the defense savaged the prosecution. That is not this case. Continue reading “Manaport Declines To Testify Or Present Defense in Alexandria Trial”

Four “Yutes” And Counting: Controversy Grows Over The Judge’s Comments In The Manafort Trial

ManafortBelow is my column in the Hill newspaper on the controversial statements of the judge presiding over the trial of Paul Manafort, the former Trump campaign chairman. Judge T.S. Ellis III has raised growing concerns over his comments in court, particularly before the jury.

Here is the column: Continue reading “Four “Yutes” And Counting: Controversy Grows Over The Judge’s Comments In The Manafort Trial”

FBI Fires Peter Strzok

peter-strzok-and-lisa-pageControversial FBI official Peter Strzok has been fired by the FBI — joining former acting FBI director Andrew McCabe in the ignoble distinction of being terminated by an agency that rarely jettisons its own.  The firing creates an obvious dissonant element to the Democratic defense of Strzok as someone unfairly hounded by the Republicans. The terminations of McCabe and Strzok are based on the view of officials who viewed their conduct as unacceptable and, in McCabe’s case, potentially criminal.

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One notable controversy was raised by Strzok attorney Aitan Goelman, who maintained that Deputy Director David Bowdich “overruled” the FBI’s Office of Professional Responsibility to remove him. The suggestion is that career officials did not view Strzok’s conduct as warranting such action.

Strzok was with the FBI for 21 years.  It did not take time for Trump to tweet out the news:

 

 

Strzok was removed from the special counsel probe last year after the discovery that his incendiary text messages with FBI lawyer, who had an affair with Strzok.

I am interested in the basis for Strzok’s attorney claiming that  the deputy director “reversed the decision of the career FBI official responsible for employee discipline who concluded, through an independent review process, that a 60-day suspension and demotion from supervisory duties was the appropriate punishment.”  There should be some explanation from Goelman as to whether that is true and, if so, the basis for such a reversal.  Generally, the recommendation of the OPR carries considerable weight in such matters. However, the ultimate decisions rests with officials like Goelman on whether the findings warrant more serious sanctions.

Roundup The Academics? Monsanto Verdict Raises New Troubling Questions About Professors Working Under Corporate Sponsorship

Roundup_herbicide_logoFor a growing number of critics, the breakthrough verdict against Monsanto for $289 million over its Roundup weedkiller is an indictment of the company’s corporate culture but also of academics who were used by the company to discredit scientific studies linking the herbicide to cancer.  Former groundskeeper, Dewayne Johnson, 46, reportedly has only months to live but he just delivered a body blow to one of the largest corporations in the world. It is not that $289 million is a crippling fine for Monsanto, but the verdict of guilt based on a finding of actions taken “with malice or oppression” will likely trigger tens of thousands of such claims.  Not surprisingly, Monsanto is now ditching its name in favor of Bayer after its recent acquisition. Continue reading “Roundup The Academics? Monsanto Verdict Raises New Troubling Questions About Professors Working Under Corporate Sponsorship”

Stone Cold: Mueller Wins Key Legal Challenge To His Authority As Special Counsel

440px-Director_Robert_S._Mueller-_IIIFor over a year, there has been an ongoing debate over the constitutionality of the appointment of Robert Mueller as Special Counsel.  The claim is that Mueller constitutes a “principal officer” who should be nominated by President Trump and confirmed by the Senate.  Instead, defenders claim Mueller is an “inferior officer” who does not require such a process. Chief Judge Beryl Howell of the United States District Court for the District of Columbia just gave Mueller an impressive legal victory in an opinion that swept aside this and two other fundamental challenges to the Special Counsel.  The decision came as part of the grand jury investigation into Trump confidant Roger Stone.

While there are good-faith arguments that Mueller is no inferior officer given the sweeping nature of his mandate, I have previously expressed great skepticism of the viability of these challenges in light of the prior decision of the Court in Morrison v. Olson, which upheld the constitutionality of the Independent Counsel Act.  That Act was allowed by Congress to lapse but the special counsel procedure is, if anything, stronger than the ICA since Mueller is squarely within the Justice Department and subject to its chain of command.  This of course could well change with the appointment of Brett Kavanaugh to the Supreme Court.  Kavanaugh is a long critic of Morrison.  However, his past writings do not clearly establish that he would rule a Special Counsel to be a principal officer.  However, this challenge is clearly designed to move up to the Supreme Court where Morrison is considered an endangered precedent, even before the expected addition of Kavanaugh.

 

Continue reading “Stone Cold: Mueller Wins Key Legal Challenge To His Authority As Special Counsel”

Res ipsa loquitur – The thing itself speaks