President Donald Trump continued his ill-advised tweeting about the Special Counsel investigation, calling on Attorney General Jeff Sessions to stop Robert Mueller “right now.” Putting aside that Sessions correctly recused himself from such matters over a year ago, the demand for terminate the investigation undermines Trump’s legal team and, for those other than his core base, it comes across as defensive and increasingly alarmed about the investigation. I have never understood these tweets because I have yet to see compelling evidence of a crime by Trump linked to obstruction or collusion.
Continue reading “Trump: Sessions Should Terminate The Mueller Investigation “Right Now””
Lost in the mix of Manafort and other news, there is a significant development in Special counsel Robert Mueller’s investigation. Mueller has referred a number of cases to the Southern District of New York for possible prosecution, including reportedly case involving longtime Democratic lobbyist Tony Podesta and his work for his former firm, the Podesta Group and former Obama White House counsel Greg Craig, a former partner at law firm Skadden, Arps, Slate, Meagher & Flom LLP. It is not clear if charges would emerge from these cases but the referral further decentralizes the investigation.
Below is my column in the Hill newspaper on release of the first Cohen tape and rumored seizure of many more such tapes by federal prosecutors. I have previously stated that the secret taping of Donald Trump was, in my view, flagrantly dishonest and disloyal in dealings with a client. While the American Bar Association relaxed the rule against secret taping from being per se unethical, few lawyers would contemplate what Cohen did to his client. Indeed, New York is a jurisdiction that looks with disfavor on such taping as a routine matter. Unless done for some clear societal benefit, it is a serious potential unethical act. Michael Cohen continues to be an embarrassment to the profession in his low level of legal judgment and even lower professional standards of conduct.
Michael Cohen is reportedly ready to give Special Counsel Robert Mueller key testimony contradicting not only President Donald Trump but the sworn testimony of his son, Donald Trump Jr. He will reportedly say that Trump was aware of the planned meeting with the Russians in Trump Tower. Such testimony may also contradict Cohen’s own statements, which would make a deal all the most essential with Mueller. Cohen’s lawyer Lanny Davis has announced that “Cohen is trying to reset his life . . . This is a turn for him. It’s a new resolve to tell the truth no matter what, even if it endangers him.” It certainly could be dangerous if it contradicts sworn testimony or statement to investigators 
The much-discussed $3.9 billion acquisition of Tribune Media by Sinclair Broadcast Group Inc. is now in serious question after the discovery of undisclosed facts and relationships. A hearing has been called and many believe that Sinclair will drop its bid to avoid the highly damaging adjudication of these issues. On Wednesday, the Federal Communications Commission unanimously 
MGM Resorts International has gone to an extraordinary point to forum shop for more sympathetic judges: it is actually 
Below is my column in The Hill newspaper on the legacy and vision or Associate Justice Anthony Kennedy. The departure of Kennedy will leave the Supreme Court more calcified and rigid in its ideological division. 
There is an interesting new story about a bizarre practice by 
Below is my column in The Hill newspaper on the implications of the indictment of James Wolfe for lying to federal investigators. I have very serious concerns over the targeting of a journalist for surveillance in this case, particularly because there seems ample alternatives to the intrusion into confidential communications of a reporter. However, the most obvious threat may be to Andrew McCabe who is still awaiting word on whether he will be criminally charged and 
There has been continued controversy over the penchant of President Donald Trump to pardon celebrities or political figures or, most recently, 
Rudy Giuliani has often strayed far beyond his brief as a lawyer representing the President in the Russian investigation. These include controversial comments about Korean nuclear negotiations where he was criticized widely in falsely predicting an imminent change. Most recently, while in Israel, Giuliani told the world that Kim Jong-un “got back on his hands and knees and begged” for the United States to revive the Singapore summit. Now, Giuliani is not being contradicted by a foreign leader but the first lady. Giuliani, also during the Israeli trip, declared on the Stormy Daniels scandal that the First Lady “believes her husband, and she knows it’s untrue.” That led to the rare push back from the First Lady’s office from her spokesperson and East Wing communications director Stephanie Grisham that “I don’t believe Mrs. Trump has ever discussed her thoughts on anything with Mr. Giuliani.” In Washington talk, that is a take down. The First Lady rarely issues statements and this statement would never be released absent her consent.
In what must be a particularly awkward move for the former acting FBI Director, Andrew McCabe has 
Below is my column in The Hill newspaper on the continuing attacks on Attorney General Jeff Sessions. There is obviously an effort to push Sessions into resigning while laying the groundwork for firing him if he is still around after the completion of the Mueller report. Sessions on the other hand is standing firm, a position that is clearly encouraged by career officers at Justice who view the threats as undermining the integrity of the department.
The recent disclosure of a memo from former acting FBI Director Andrew McCabe on a conversation with Deputy Attorney General Rod Rosenstein on an alleged “cover story” demanded by President Donald Trump for his memo on the firing of McCabe’s boss James Comey: I have already said that the memo may shed more light on the mindset of McCabe than Trump. It is most likely that Trump was asking (as he did with everyone of these individuals) for a statement that he was not a target of the Russian investigation. That is not a cover story. However, the memo does raise the question of why Rosenstein has not recused himself.