Las Vegas Review-Journal

CLIENTS OF TRUMP’S PERSONAL LAWYER INCLUDE O’REILLY

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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. 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 Kasowitz’s role led at least two prominent Washington lawyers to turn down offers to join the White House staff.

“The president’s private lawyer is representi­ng only his interests, not the interests of the United States government or the individual interests of the White House staff,” said Robert F. Bauer, who was White House counsel under President Barack Obama.

The administra­tion referred questions to Kasowitz. A spokesman for Kasowitz called the characteri­zations of his conversati­ons with staff members “inaccurate,” but would not specify how. “The lawyers don’t disclose conversati­ons they have had with anyone,” Mark Corallo, the spokesman, wrote in an email. “Of course people are free to hire a lawyer or talk to anyone they want.”

Kasowitz is not the first personal lawyer to represent a president facing legal issues. President Bill Clinton retained Robert S. Bennett to defend him in a sexual harassment lawsuit filed by Paula Jones and David E. Kendall and Nicole K. Seligman to represent him in the Whitewater and Monica S. Lewinsky investigat­ions.

The line between government lawyers representi­ng the administra­tion and private lawyers representi­ng the president was always somewhat vague. But one important difference was that the president’s conversati­ons with private lawyers were protected by attorney-client privilege, while those with his White House lawyers were not.

To many Washington hands, Kasowitz, 64 — who represente­d Trump during his Atlantic City casino financial troubles and represents other clients like Bill O’reilly, the former Fox News host — seems an unusual choice for the mission. While he is widely respected as a fierce and successful lawyer, he has little experience in high-profile criminal cases or politicall­y charged Washington investigat­ions.

Kasowitz has been central to Trump’s recent legal battles, helping his client keep divorce records sealed and representi­ng him in the Trump University fraud lawsuit, in which 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, Kasowitz threatened to sue The New York Times for libel on Trump’s behalf over a story in which two women accused Trump of inappropri­ate touching years earlier. No lawsuit has been filed. A decade earlier, however, 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 Trump’s net worth. That suit was dismissed by a New Jersey Superior Court judge.

Also raising eyebrows are two of Kasowitz’s other clients — Sberbank, the largest stateowned bank in Russia, on which the Obama administra­tion imposed sanctions, and Oleg Deripaska, a Russian tycoon who is close to President Vladimir Putin and had business dealings with Paul Manafort, once Trump’s campaign chairman.

While Trump is not known to be under investigat­ion over potential collusion with Russia, the special counsel leading the Russia inquiry, Robert S. Mueller III, has the authority to investigat­e obstructio­n of justice. Some in Congress have said that Trump’s firing of FBI Director James Comey coupled with his own statements about Comey, could be seen as evidence of attempted obstructio­n of justice.

Whether Kasowitz is having an effect on his client is unclear. He advised Trump to ease up on his use of Twitter, and when Trump’s account was quiet for nearly 48 hours last week around the time of Comey’s Senate hearing, some speculated that Kasowitz was responsibl­e. But Trump began attacking Comey’s testimony Friday morning, and he has defiantly told friends that despite his lawyer’s instructio­ns, he has not changed his behavior.

As for 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.

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 Mueller has a chance to interview them, should they be called as witnesses.

Bauer said that the current White House counsel, Donald F. Mcgahn II, should know Kasowitz’s schedule of conversati­ons so that he could inform the special counsel. “He does not want Kasowitz to do anything that could be interprete­d as an act of obstructio­n, a means of dissuading the witnesses from cooperatin­g in the investigat­ion,” Bauer said.

Since asserting influence in the White House in recent weeks, Kasowitz has discussed establishi­ng an office on White House grounds — in the Eisenhower Executive Office Building, where much of the president’s staff works — according to multiple people familiar with the deliberati­ons. Such an arrangemen­t would have Kasowitz and his team frequently crossing paths with potential witnesses.

Corallo, the spokesman for Kasowitz, said the team was working in private space. “The lawyers do not have an office in the EEOB and are working out of their offices in D.C.,” he said. “They come to the White House to meet with their client, President Trump.”

Partly because of concerns that 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 Trump’s private legal team because of a range of uncertaint­ies, including how much control Kasowitz exercises over his client, whether their advice would be secondary to his and whether Trump would pay legal bills. Besides Kasowitz, 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.

“Kasowitz is looking for at least one criminal expert, but the problem is Trump is a difficult client notorious for not following legal advice and for not paying his bills,” said Norman Eisen, the White House ethics lawyer under Obama and a frequent critic of Trump.

Under ethics rules, 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,” Sherburne said,

 ?? JUSTIN T. GELLERSON / THE NEW YORK TIMES ?? Marc Kasowitz, President Donald Trump’s private lawyer, speaks Thursday at the National Press Club in Washington after former FBI Director James Comey’s Senate testimony. Kasowitz has counseled administra­tion staff and exerted broader influence over legal strategy.
JUSTIN T. GELLERSON / THE NEW YORK TIMES Marc Kasowitz, President Donald Trump’s private lawyer, speaks Thursday at the National Press Club in Washington after former FBI Director James Comey’s Senate testimony. Kasowitz has counseled administra­tion staff and exerted broader influence over legal strategy.

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