No need to hire a lawyer yet

It’s tricky, having a private lawyer working out of the White House.

Marc E. Kasowitz, a New York civil litigator who represented President Trump for 15 years in business and boasts of being called the toughest lawyer on Wall Street, has suddenly become the field marshal for a White House under siege. He is a personal lawyer for the president, not a government employee, but he has been talking about establishing an office in the White House complex where he can run his legal defense.

His visits to the White House have raised questions about the blurry line between public and private interests for a president facing legal issues. In recent days, Mr. Kasowitz has advised White House aides to discuss the inquiry into Russia’s interference in last year’s election as little as possible, two people involved said. He told aides gathered in one meeting who had asked whether it was time to hire private lawyers that it was not yet necessary, according to another person with direct knowledge.

Such conversations between a private lawyer for the president and the government employees who work for his client are highly unusual, according to veterans of previous administrations. Mr. Kasowitz bypassed the White House Counsel’s Office in having these discussions, according to one person familiar with the talks, who, like others, requested anonymity to discuss internal matters. And concerns about Mr. Kasowitz’s role led at least two prominent Washington lawyers to turn down offers to join the White House staff.

He’s representing Trump, so WH aides shouldn’t be consulting him about anything, because his advice won’t necessarily be in their interests.

Mr. Kasowitz has been central to Mr. Trump’s recent legal battles, helping his client keep divorce records sealed and representing him in the Trump University fraud lawsuit, in which Mr. Trump ultimately agreed to pay $25 million to settle claims from former students that the institution had cheated them out of tuition money.

In the final weeks of the presidential campaign, Mr. Kasowitz threatened to sue The New York Times for libel on Mr. Trump’s behalf over a story in which two women accused Mr. Trump of inappropriate touching years earlier. No lawsuit has been filed. A decade earlier, however, Mr. Kasowitz followed through on a similar threat, suing Timothy O’Brien, a Trump biographer and former reporter and editor for The Times, for libel and alleging that he had understated Mr. Trump’s net worth. That suit was dismissed by a New Jersey Superior Court judge.

He almost sounds more like an enforcer than a lawyer.

As for Mr. Kasowitz’s conversations with presidential aides, the White House Counsel’s Office typically supervises such discussions to make sure the aides understand their rights and do not feel pressured to help a lawyer who does not represent their interests, legal experts said. The counsel’s involvement is all the more critical in this case, they said, because many of the aides — potential witnesses in the government’s inquiry — do not currently have personal lawyers.

Mr. Kasowitz’s advice to administration staff may benefit the president more than the aides themselves, the experts said. The conversations he has with aides could shape their testimony before Mr. Mueller has a chance to interview them, should they be called as witnesses.

Staff are expendable. The Prince must be protected.

Partly because of concerns that Mr. Kasowitz is undermining the White House Counsel’s Office, at least two veteran Washington lawyers — Emmet Flood, a partner at Williams & Connolly, and William A. Burck, a partner at Quinn Emanuel — rejected offers to join the counsel’s office to help represent the administration in the Russia inquiry, according to people familiar with the hiring discussions, although they may yet represent individual White House officials.

Other noted criminal defense lawyers have similarly rejected offers to join Mr. Trump’s private legal team because of a range of uncertainties, including how much control Mr. Kasowitz exercises over his client, whether their advice would be secondary to his and whether Mr. Trump would pay legal bills. Besides Mr. Kasowitz, Mr. Trump’s personal legal team includes his partner, Michael J. Bowe, and Jay Sekulow, a Washington lawyer who specializes in free speech and religious liberties.

Emphasis added. It’s either funny or horrifying the way that’s slipped in there as if it’s just normal. Will the billionaire pay his lawyers? Hmmm, there’s no telling.

Under ethics rules, Mr. Kasowitz cannot interview any official who has hired a lawyer without that lawyer’s permission, meaning it would be in his interest if administration aides did not hire their own lawyers, experts said. “It is probably easier for him to represent Trump if he doesn’t have to deal with a bunch of other lawyers,” Ms. Sherburne said, adding that she believed it was inappropriate for Mr. Kasowitz to discourage aides from hiring their own counsel.

Richard Painter, the White House ethics lawyer under President George W. Bush who now teaches at the University of Minnesota’s law school, said that in a worst-case scenario, a staff member might listen to Mr. Kasowitz’s advice and “end up thrown under the bus.”

They are underlings. The Prince must be protected.

Kushner, of course, has his own lawyer.

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