The Tension Within Trump's Legal Team

The relationship between McGahn and Cobb is one to watch.

onOctober 6, 2017 at 1:57 PM

In high-stakes, complex, rapidly evolving litigation, it is fairly common for a client to bring in multiple law firms — particularly if they have different specialties or areas of expertise. So it’s no surprise that the beleaguered Trump administration, under investigation by special counsel Robert Mueller, has a ballooning legal team whose members have different jobs and responsibilities.

What is interesting is the rumors swirling about how the various lawyers are working together. Big Law Business has a report about the tensions in Team Trump. Ty Cobb, whose recent indiscretions have provided Above the Law with ample fodder, is a former partner at Hogan Lovells, so he’s used to running his own ship and having plenty of resources to do just that. He’s bumping against the former Jones Day partner and current White House counsel, Don McGahn, in his mission to represent the president:

An added complication for Cobb is the friction he’s been having with Trump’s White House counsel, Donald McGahn, whose priorities have clashed with Cobb’s on several fronts. Tensions have been building since Cobb joined the White House this summer. He initially sought to use some lawyers from McGahn’s staff, yet McGahn balked, says a person familiar with the investigation. Cobb had to build a team from scratch and was left with the impression that McGahn was being unhelpful.

Another person says McGahn was only trying to protect his attorneys, who could be called as witnesses in the Mueller investigation and end up in the awkward position of having to pull documents on themselves, leading to potential obstruction accusations.

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From Pilot and Above The Law

Also likely adding to the tension is their differing roles. McGahn, as White House Counsel, is tasked with representing the office, while Cobb is Donald Trump’s personal attorney. That might seem like a small distinction, but with a widening investigation that seems to be turning up the heat, it matters. And don’t forget McGahn, and possibly members of his staff, are potential witnesses in the investigation (McGahn has hired a personal attorney, Quinn Emanuel’s William Burck). McGahn was present for many of the conversations Mueller is interested in and was involved in the firing of James Comey.

For now the battle over resources seems to be resolved, with Cobb now leading a team of seven. But, given this administration’s penchant for personal conflicts blowing up all over the media, the relationship between McGahn and Cobb is one to watch.

headshot Kathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).