President Donald Trump’s struggle with the Stormy Daniels scandal has become Washington’s version of A Streetcar Named Desire . . . without the gritty charm. Rather than shutdown this litigation over a sordid alleged affair, the President has been left looking like Stanley Kowalski declaring to Blanche DuBois that he has “a lawyer acquaintance” who can “study these out.” For Trump, that “lawyer acquaintance” was Michael Cohen, a fix it lawyer who has become infamous for threatening women connected with Trump with financial and legal ruin. Until, that is, former porn star Stormy Daniels (the Blanche DeBois of this drama) called his bluff. Now, Trump’s fix it man has a fix it man, David Schwartz, who proclaimed that he also has “studied things out” and has threatening both Daniels and her lawyer with ruin. The problem is that Schwartz may have just cratered the case for both his client, Cohen, and Cohen’s client, Trump. Schwartz has finally declared that Trump was never aware of the agreement negotiated for him by Cohen. That could spell serious trouble not only for Cohen but also Trump. Instead of a final scene screaming “Stella!,” it may be “Schwartz!” that is heard throughout Foggy Bottom.
Category: Lawyering
Below is my column in The Hill Newspaper on the potential legal fallout from the Stormy Daniels interview on CBS 60 Minutes. Notably, yesterday the White House again expressly denied not just the “allegations” but specifically the allegation that President Donald Trump had a sexual tryst with the porn star. That direct denial is precisely what I have warned against in this and other columns. While the Daniels matter is not currently on the table with the Special Counsel, the worsening situation only reinforces why I believe Trump should close the deal on a sit down on the four prior subject matters lead out by Robert Mueller. Notably, my repeatedly stated view that Trump should sever any ties with his radioactive personal counsel Michael Cohen does not appear likely since Trump just arranged a dinner with Cohen at Mar-a-Lago.
Here is the column:
Below is my column in the Hill newspaper on the changes to the Trump legal team, including the departure of John Dowd who was the lead counsel in dealing with the Special Counsel investigation. While it is still not clear what role Joe diGenova will play, there is concern that Trump is considering a more combative approach. Adding more lawyers does not necessarily translate to strengthening a case. Indeed, if you add lawyers used to being lead counsels, the result can be confusion and conflicts in getting them to work together. What Trump needs is greater control and continuity as he enters the most risky stage of the Special Counsel investigation.
Here is the column:
Continue reading “With The Departure Of John Dowd, Trump’s Legal Team And Strategy Could Be In Flux”
Former FBI deputy director Andrew McCabe penned an op-ed for The Washington Post to contest the allegation of his “lack of candor” with federal investigators. I have been writing (here and here and here) on the contrast between the treatment of McCabe and former national security adviser Michael Flynn. McCabe has been erroneously portrayed as “losing his pension” but has not been charged. Flynn was charged and accepted a plea deal under 18 U.S.C. 1001 for making a false statement to investigators. Now McCabe is raising virtually the same defense that did not work for Flynn: that there was a lot going on and he was “confused and distracted.”
While various networks have advanced narratives of former FBI Deputy Director Andrew McCabe being fired as part of a Trump bloodlust, FBI Director Christopher Wray weighed in this week to say that he acted without any political influence. Wray, who has been widely credited as being completely independent and apolitical, supported the view that McCabe was fired for true cause. Wray pushed McCabe out after reportedly reading the conclusions of the Inspector General’s report.
Municipal Judge Wilfredo Benitez is at the center of a controversy after he reportedly shouted profanities and cited his judicial position after being found passed out by the side of a road. Benitez was later found to be intoxicated. However, his charges were later thrown out by another judge.
At the turn of the last century, surrealists had a parlor game in Paris called “The Exquisite Corpse” where writers would create collective stories by writing lines without knowing what preceded them. The lines were often nonsensical like the line that gave the game its name: “Le cadavre exquis boira le vin nouveau. ” (“The exquisite corpse shall drink the new wine.”) With minutes of his firing, former FBI Deputy Director Andrew McCabe became such an exquisite corpse with various politicians adding lines to his story that seemed entirely disconnected to his story. Former FBI Director James Comey used McCabe to pitch his upcoming book while former Attorney General Eric Holder used him to effectively attack career staff at his former agency. The point of the game in both politics and literature is not to advance a coherent narrative but insert your own lines into a collective story.
Continue reading “THE EXQUISITE CORPSE: HOW ANDREW MCCABE IS NOW PART OF THE BODY POLITIC”
Below is my column in The Hill newspaper on the issuance of a subpoena to the Trump organization for records pertinent to Trump business dealings in Russia. President Trump previously responded to a question of whether such inquiries into his business dealings would be a “red line” by saying that it would. Whether it is a red line or a “Rubicon,” Mueller seems to have crossed it. Of course, the Trump Organization has been asked for information previously and it is cooperating. However, this is a direct demand for business records. In the best case scenario, this could be a clean up subpoena to guarantee that all available documents have been reviewed. Then again it might be a new front in the investigation. Notably, this weekend, President Trump and his counsel ramped up their criticism of the investigation — criticism that I continue to view as unwise and inappropriate.
Here is the column:
Continue reading “Trump Drew A Red Line For Mueller; Mueller Just Crossed It”
I have previously discussed the blunders of the Trump legal team and how they have undermined their client, including missteps by counsel John Dowd. (here and here and here). This weekend saw yet another Dowd statement and retraction on a subject of immense importance to his client. Dowd is quoted as calling for the termination of the Mueller investigation in the name of President Trump. After an outcry and reported contradiction from the White House, Dowd insisted that he was speaking just for himself.
Continue reading “Trump Counsel Dowd, Again, Under Fire For Controversial Public Statements”
President Trump’s personal attorney Michael Cohen has moved to claim at least $20 million in damages from porn star Stormy Daniels. Cohen is alleging at least 20 violations. With the recent allegations of physical threats and post-election actions, the political costs to this strategy is likely to continue to rise. Notably, Cohen is not simply pursuing damages through his limited liability corporation Essential Consultants. An attorney for Trump is now directly calling for Daniels to be forced into arbitration . . . and silence.
Continue reading “Trump’s Attorney Files To Silence Daniels and Force $20 Million In Damages”
Below is my column in USA Today on the expanding litigation over the Stormy Daniels controversy and specifically the precarious ethical position for Trump’s longtime counsel, Michael Cohen. One interest development was the move by Daniels’ counsel (and my former research assistant) Michael Avenatti to get a new judge in the Daniels case. Avenatti argued that it was inappropriate for the case to be heard by Los Angeles Superior Court Judge Elizabeth Feffer because she is seeking a federal judgeship from President Trump. The move was surprisingly successful and the case was transferred to Judge Howard Halm. Like Feffer, Halm was appointed by former California Gov. Arnold Schwarzenegger (R).
Here is the column:
Continue reading “The Ultimate Loser In The Stormy Daniels Saga Could Prove To Be Trump’s Lawyer”
I have previously written how Trump personal counsel Michael Cohen has left himself utterly exposed ethically in his effort to protect the President from the brewing scandal involving porn star Stormy Daniels. Cohen has struggled to deny any connection of the payoff to Daniels to the President or Trump organization. It is for that reason that a new document released by Daniels’ counsel (and my former research assistant) Michael Avenatti is so curious. The arbitration documents include the listing of Trump Organization Vice President and lawyer Jill A. Martin. Martin is listed as counsel for Essential Consultants LLC, a shell Delaware company formed by Cohen to help disguise the payment of the $130,000 to Daniels (whose legal name is Stephanie Clifford). The arbitration documents in Orange County, California were signed on February 22 — less than a month ago. It is bizarre that, given the huge effort to insulate Trump and his organization from this payment, Martin would effectively intervene in this way.Continue reading “Trump Org Lawyer Tied To Effort To Gag Stormy Daniels In Arbitration Proceedings”
Erik Graeff, 42, is a Vancouver lawyer based in Oregon who is accused of taking a dispute with a former co-counsel to an extraordinary level in allegedly firing several shots into the Beaverton office of Terrence Hogan. No one was hit in the office but one bullet barely missed an Administrative Assistant. Graeff is reportedly a former decorated sniper in the Marines.
The Pittsburgh Post-Gazette is reporting that a prominent lawyer and an animal shelter volunteer has been arrested in a bizarre bestiality case involving his Labrador Snoopy. Ivan DeVoren, 61, is charged with 10 felony counts of animal cruelty, 10 counts of sexual intercourse with an animal in addition to drug charges. After police found crack cocaine and other drugs in his home, they added possession charges.
DeVoren represents energy companies on regulatory challenges and compliance. He has described himself as a “lawyer and philanthropist” according to Heavy.com.
Continue reading “Prominent Pennsylvania Lawyer Charged With Bestiality”
Below is my column in the Hill newspaper on the implications of the scandals involving two women who have claimed affairs with President Donald Trump in prior years. There are real risks here for the White House which has been issuing categorical denials. Some of the greatest threats to a presidency come from the outer edges. That was the legacy of Bill Clinton whose adultery led to public dishonesty and ultimately perjury.
Continue reading “Does Trump Have an Edwards/Clinton Problem?”