Politics, White-Collar Crime

Trump Has Experienced Lawyers, So Why Aren't They Running This Like A Real Legal Matter?

Trump's lawyers seem constantly behind and that doesn't make much sense.

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(Photo by Nicholas Kamm/AFP/Getty Images)

When Trump put his legal defense in the hands of Marc Kasowitz, we had some curious chuckles at the idea that Kasowitz, while a talented civil litigator, would be quarterbacking the most significant white-collar criminal defense in America. Eventually, someone within the White House had the same thought and transitioned Kasowitz out of his leadership role, bringing on more experienced, highly talented attorneys… and Jay Sekulow.

Ty Cobb may have ludicrous facial hair and steel balls, but he’s also a 28-year veteran of Hogan Lovells. Meanwhile, John Dowd spent forever at Akin Gump. Dowd’s even worked on political investigations before, having represented John McCain in the Keating 5 scandal, so he understands what it takes to successfully navigate these waters.

So why are they, seemingly, not handling this matter like its a real investigation?

Tom Schoenberg in Bloomberg Businessweek takes the stance that Trump’s legal team isn’t on the same level as Mueller’s. But the putting aside any qualitative judgment calls, he highlights a fundamental difference in approach that makes you wonder what the hell the Trump team is thinking:

As Mueller adds experienced prosecutors and broadens his investigation, Trump’s legal team still appears disorganized and understaffed. An army of well-paid lawyers would help the president get in front of the investigation: preparing responses to allegations before hearing about them from prosecutors or reporters, anticipating where Mueller is going, and developing a counternarrative to stymie him. Junior staffers could spend all night researching case law or obstruction of justice and conspiracy statutes; they could be available at a moment’s notice to draft pleadings challenging Mueller’s requests to interview witnesses or gather documents.

Amy Sabrin, formerly of Skadden, put it succinctly, “I know John Dowd, and he’s a very fine lawyer, but it’s a job that usually requires backup.” She’s being polite by adding the word “usually.” There’s an army of prosecutors, piles of documents, and now a grand jury. Someone needs to be doing heavy lifting in Trump’s defense and it’s not these three. Technically Kasowitz Benson is still on retainer, perhaps Cobb and Dowd are farming work out to those associates? If so, that work doesn’t seem to be materializing. Maybe his team is leaning on the work being done by the firms representing his kids and underlings? Cobb and Dowd should know that’s a perilous path. Jared Kushner’s probably not going to flip on his father-in-law… but if he does that would leave Trump without necessary support if he’s relying on Norton Rose for work in the trenches.

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It’s not like Trump hasn’t tried to hire a law firm of his own. Unfortunately for his defense, law firms don’t want him. According to Schoenberg’s article, Cobb is looking to hire lawyers directly for an in-house team. If that’s the plan, he needs to get on it because there’s already a grand jury to strategize around. So is there some reason why they seem behind? Are they cabined by budget concerns? Is the client getting in their way? Whatever it is, they need to figure it out because this is a critical issue to resolve:

Trying to deal with Mueller without a high-powered legal operation “is like going to a knife fight with a stick of butter in your hand,” says Nicholas Allard, a former Washington attorney who’s now the dean of Brooklyn Law School.

You meant to say “a stick of butter in your tiny hand,” Dean Allard.

Trump’s Legal Team Is No Match for Mueller’s [Bloomberg Businessweek]

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HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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