Category: Lawyering

“They Are Almost All Legal Clients”: The Curious Defense of Squire Patton Boggs Over The Cohen Contract

Squire_Patton_Boggs_logoA new article out in Politico explores the disastrous decision of Squire Patton Boggs to bring in Michael Cohen in a blatant scheme to sell access to the President.  Edward Newberry, one of the top lobbyists for Squire Patton Boggs, is described as one of the critical players in taking on a lawyer who was already viewed as one of the sleaziest and unethical lawyers in the country. Indeed, the article describes how some members of the struggling firm noted that he could well end up as the next Jack Abramoff, who went to jail for a long pattern of grotesque corruption.  What was most interesting however about Theordoric Meyer’s piece however was the defense by the firm spokesperson, Angelo Kakolyris, in the article on the five clients that Cohen brought the firm under his bloated deal: “they are almost all legal clients.” “Almost all”?  In reality, Kakolyris was making a finer point, I assume, that the small number of clients were legal not lobbying matters.  However, it is an unfortunate choice of words for dealings with a man who seems to be spinning off criminal allegations the way hurricanes spin off tornados.

 

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Controversy Erupts With The Intervention Of The President’s Counsel Before Two Highly Classified Briefings

350px-US-WhiteHouse-Logo.svgEmmet Flood, the latest lawyer added to the White House as part of its defense to the Russian investigation, was meant to bring experience and order to the chaotic legal team around President Donald Trump.  However, his first public move can only be described as a blunder of the first order.  Flood went to yesterday’s much discussed briefing to speak with members of Congress. Two highly classified briefings were scheduled to discuss the use of informants by the FBI in its investigation of Trump campaign associates.  It was precisely the type of thoughtless act that has baffled many of us for months.  Little would be achieved by Flood briefly addressing the members but, in appearing, Flood undermined the integrity and stated purpose of the meeting.  He created the impression that the briefing was first and foremost about the defense of the President personally.  In doing so, he undermined the entire exercise with virtually nothing to gain from his attending the meeting.  None of this was criminal or unethical. The concern is that it shows a continued failure to mind critical lines of separation as well as a dumbfounding lack of judgment.

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Justice Delayed Is Justice: Mueller Fights To Delay Russian Collusion Trial

440px-Director_Robert_S._Mueller-_IIIThere is an old joke among criminal defense attorneys that “justice delayed is justice,” a twist of the old adage that “justice delayed is justice denied.”  The joke reflects that fact that the defense almost always benefits from the passage of time and it is the prosecution that often pushes for earlier trial debates to deny the defense enough time to absorb and address evidence. That is not the case with Special Counsel Robert Mueller who has asked federal Judge Dabney L. Friedrich to deny a speedy trial motion and delay any trial of 13 Russians and three Russian companies for efforts to influence the 2016 election. The effort reflects problems in Mueller’s matinee case, including the allegation that he has charged a company that did not exist at the time of the alleged offenses.

 

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New York Attorney Under Fire After Video Of His Threatening To Call ICE On Spanish Speakers In Restaurant

 

download-2New York lawyer (and GW Law graduate) Aaron Schlossberg who went on a bizarre tirade against Spanish-speaking restaurant workers has quickly become the most hated man of the week in New York.  The New York Post reports that he has now been kicked out of his office by Corporate Suites, the company that held his lease.  There is also an effort to disbar him and even a petition to hire a mariachiband to follow him around New York.  That could lead to an interesting legal fight if he alleges harassment or stalking.  The moves against Schlossberg raises our long-standing debate over actions taken against people for obnoxious or unpopular speech in their private lives or on social media.

 

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“Reach Out To Touch Someone”: Michael Cohen and Washington’s Only Indigenous Crop

300px-AT&T_logo_2016.svgBelow is my column in USA Today on recent disclosure of Michael Cohen, President Donald Trump’s longtime personal lawyer, received hundreds of thousands of dollars from companies like AT&T seeking access to Trump.  Accounts indicate that Cohen actively sold himself as a conduit to Trump to companies seeking influence.  Cohen is only the latest in a long line of sleaze winding its way through Washington.

Caught red-handed in influence peddling, AT&T reportedly fired the Vice President responsible for the Cohen contract and called it a “big mistake.”

Here is the column:

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Court Rejects Claims Of California Middle School Teacher Of A Conspiracy Between Police and White Nationalists After Berkeley Riots

anti fa memberWe have previously discussed Antifa and its violent anti-free speech philosophy. The latest violent clashes occurred at Berkeley where  middle school teacher and Antifa leader Yvonne Felarca, 47, was arrested for battery and resisting arrest for fighting in Berkeley’s much maligned “empathy tent.”  Felarca has fought the charges and called the charges a “witch hunt” to convince the court to drop the charges against her. It did not work with a California judge who refused to discuss her felony charges.  What was surprising was the language used by her lawyer in both courts filings and public statements.

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The Crack Suicide Squad: The Trump Team Moves Toward The Worst Case Scenario

Below is my column in The Hill newspaper on the emerging strategy from the Trump legal team with the addition of Emmet Flood and the comments of Rudy Giuliani. It is strikingly familiar to those of us who were around for the Clinton impeachment.  The team appears to be moving toward the worst case scenario as the only scenario.  That puts the President on a path that increases the risk of impeachment.  The rhetoric is already laying the foundation to refuse to cooperate and litigate issues like a subpoena in court.  Just as the Clintons claimed a “vast right-wing conspiracy” was out to get them, the Trump team is alleging a “deep state” conspiracy.  The team is now on a course of confrontation — a course that could make things far worse unless Special Counsel Robert Mueller yields to the public taunts by figures like Giuliani.

 

 

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Giuliani’s Firm Severs Ties With Him And Publicly Refutes His Statements On Common Legal Practices

225px-rudy_giulianiWith his former personal attorney Michael Cohen spinning off ethical violations like some hurricanes spin off tornados, Rudolph W. Giuliani was meant to bring back some relief from the worsening scandal over Stormy Daniels.  Instead, Giuliani gave a rambling, conflicted account that the President had to refute the next morning.  The worse rebuke however came yesterday when Giuliani’s firm Greenberg Traurig severed ties with Giuliani and specifically refuted his claims that all lawyers regularly do what Cohen did.  Many of us at the time noted that lawyers do not take these actions and pay hush money from retainer funds.  The firm not only wanted to establish that it did not do such unethical things but that it was no longer going to be associated with Rudy Giuliani.

 

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Tale of Two Cases: Manafort and Cohen Cases Stand In Glaring Contradiction

600px-US-DeptOfJustice-Seal.svg DOJBelow is my column in The Hill newspaper on the controversial comments of Judge T.S. Ellis III.  While I viewed that insinuations about Mueller’s motivations to be inappropriate, there is a real question concerning the different and still fully explained difference in treatment of the Manafort and Cohen cases.

Here is the column:

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No, Giuliani Did Not Implicate Trump In Obstruction of Justice In Comey Comments

225px-rudy_giulianiBelow is my column in the Hill newspaper on the widespread criticism of former New York mayor Rudolph Giuliani’s interviews as implication his client, President Donald Trump, in the crime of obstruction of justice.  Giuliani noted that Trump fired James Comey in part due to his refusal to state publicly that Trump was not a target. While I have been highly critical of Giuliani’s performance, the defense raised by Giuliani was neither new nor a basis for a criminal charge.

 

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Giuliani and the “Zero” Defense

225px-rudy_giulianiBelow is my column in USA Today on the disastrous interviews given by Rudy Giuliani where he made a series of damaging statements on the Stormy Daniels scandal and other matters related to President Donald Trump.  He has since walked back his remarks and President Trump has said that Giuliani needs to “get his facts straight” and said that people had to “learn before you speak. It’s a lot easier.”   Giuliani seemed to contradict himself in the same interview and tripped more wires for potential criminal and ethical violations. Giuliani who emphasized that “zero” money for Daniels came from the campaign seemed to fundamentally miscomprehend the law which is designed precisely to catch contributions coming from outside the campaign reporting system.  While doing little for the defense, it did create new questions about the failure to report the loan, the use of payments disguised as fees, and the obvious conflict with Cohen’s own recollection and statement — a point that Cohen himself made to the media.

Here is the column:

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John Dean Calls Leaking The Questions A Possible Basis For Obstruction Of Justice

E0398-03APresident Nixon’s White House counsel John Dean claimed that if the Trump administration leaked questions from special counsel Robert Mueller it could qualify as obstruction of justice.  Once again, I disagree with such sweeping interpretations of the crime of obstruction of justice.  Leaking such questions or topics would not be a crime under any case that I am aware of in defining the crime of obstruction.

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Trump Denounces Leaked Questions As “Disgraceful” and Dowd Denies Being The Source

440px-Official_Portrait_of_President_Donald_TrumpPresident Donald Trump lashed out at the leaking of the questions that Special Counsel Robert Mueller wants to ask him in an interview as “so disgraceful.”  In the meantime, various news organizations (including Fox News) pointed fingers at former counsel John Dowd.  Since the New York Times said that the leak did not come from “current counsel,” Dowd instantly became the leading suspect.  Dowd however has denied the allegations and maintained “I was not the source.” Continue reading “Trump Denounces Leaked Questions As “Disgraceful” and Dowd Denies Being The Source”

Comey v. Comey: How New Disclosures Could Put Just One Week Between Comey and Perjury

Former FBI Director James Comey continues to market his book – and himself – as a lesson in “ethical leadership.”  However, the historical record is proving increasingly at odds with Comey’s account and image. After months of spins and swerves by defenders, a consensus is emerging that Comey is indeed a leaker.  The most damaging evidence, however, comes not from Comey’s critics but Comey himself.  Indeed, Comey v. Comey could be the most telling conflict in this still unfolding scandal.  However, at issue, is not simply whether Comey will be viewed as a leaker or a liar, but a perjurer.

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Justice Department Tells Court That Trump’s Own Admissions Undermine Claims Of Attorney-Client Privilege Over Cohen Material

160px-Official_Portrait_of_President_Donald_Trump_(cropped) I (and many others) have cautioned the President for over a year that his tweets and public comments are underlying his case (and litigation like the immigration challenges) in federal court.  Now the Justice Department has used the President’s latest comments in a call-in to “Fox and Friends” as eviscerating efforts to claim privilege over documents on his behalf in the review of the material seized from his personal lawyer, Michael Cohen.  While opposing counsel like Democratic state attorneys general have used Trump’s comments against his Administration and the Justice Department has struggled to defend against such use, this is the first time that his own Justice Department is using the President’s comments effectively against his interests.  In the meantime, it was revealed yesterday that the FBI seized 16 different cellphones from Michael Cohen.

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