It may already be too late

Michael Cohen says Trump will flip on his own children.

Former Trump Organization Vice President Michael Cohen, upon learning of the now-criminal probe, said of the Trump children, “I think Trump is going to flip on them.” While we have no idea what the future will hold, we do know that what this all means is that — if they haven’t already — it’s time for members of the Trump family who served as organization employees to each retain experienced criminal defense lawyers.

Each. Each get her or his own. That means you too, Jared. They have to get their own because they’re all going to try to rat each other out. It will be a most edifying spectacle.

In fact, depending on what those Trump Organization family members have already said — and to whom — it may already be too late. Importantly, because the Trump Organization case is now criminal, individual employees and officers of that organization can face criminal charges for their specific roles in any corporate wrongdoing. Donald Jr. and Eric still serve as executive vice presidents of the organization, a title that Ivanka Trump previously also held. And, of course, before his presidency, their infamous father was at the helm of the organization.

This is Frank Figliuzzi talking, former FBI guy, now MSNBC legal commentator.

During my FBI career, including my time leading one of the largest white-collar crime branches in the field, and later, as a corporate security executive, I saw corporate employees mistakenly think that their companies’ attorneys represented them, too, in cases of corporate malfeasance. Big mistake. A company attorney represents the company, not the individual employees or executives.

And you don’t want to be trusting the people who run that company, even (or especially) when they’re your siblings or your daddy.

If any of the Trump family members have already even casually answered questions posed by their organization’s counsel or hired investigators, they may have mistakenly thought that what they were providing was privileged. And those statements would be privileged — but not if the organization decided, in its own interest or at the direction of the former president, that maybe Eric or Don Jr. or Ivanka needed to take the fall to save the organization or keep its notorious CEO out of prison.

They know he’d do it in a heartbeat.

For the Trump family, it may already be too late to get their stories straight. And doing so may not even be in their individual best interests. That’s why it’s time for each of them to separately lawyer up, avoid public statements — and be really nice to one another.

Ah but they don’t know how to be nice.

2 Responses to “It may already be too late”