Thursday, May 17, 2018

Quote of the day...

As an attorney for 35 years, some advice for young attorneys:

Watch how Mr. Giuliani represents his client and, under similar circumstances, do the opposite.

Do not try your case in the court of public opinion.

Do not reveal confidential discussions with your client.

Do not reveal confidential discussions with your adversary's lawyer.

Do not place your interests above your client's interests.

Do not speak publicly about your case unless necessary to correct a prejudicially false statement by your adversary.

Do not make any public statements unless and until you thoroughly understand all of the salient facts.

Do not make truthful statements that inculpate your client.

Do not make untruthful statements that exonerate your client and will undermine your credibility with your adversary and the tribunal.

Be modest, humble, and truthful, not brash, egotistical, and untruthful.

Limit your role to the legal issues and leave public relations and political implications to others.

Be someone of whom it is said, "There goes a fine lawyer whom I would trust with my life and livelihood."

In other words, young attorneys, emulate Mr. Mueller and his colleagues and reject those like Mr. Giuliani, Mr. Cohen, Mr. Cohn, and most of the attorneys surrounding our President.

Your reputations will remain intact and, more importantly, your clients will be better served, and the public's confidence in our great system of justice will be strengthened and not diminished.
 - Mr. Didier of Charleston WV from here.

My highly negative opinions about Mr. Trump notwithstanding, I think it very important that he have good legal representation for the sake of our legal system and more broadly, the country. Unfortunately this has far too often not been the case. There are a number of factors that have contributed to this reality, his reputation as a difficult client who routinely ignores sound legal advice being high on that list. But the other big problem is that he tends to gravitate towards people with similar personality traits to his own. Which is to say that he likes blowhards and television talking heads. Especially those who appear on FOX News. Whether the individual actually has a clue, or is spouting silly conspiracy theories, or simply inventing facts are not terribly important to the Client in Chief. What matters to Trump are unwavering loyalty and a willingness to loudly defend him on television.

This is not to say that Mr. Giuliani is a clueless talking head. But his legal background has been on the other side of the aisle, i.e. as a prosecutor. The rules of the game are very different for criminal defense lawyers. And his behavior has been astonishing to say the least. Trump needs to shut up, and hire the best criminal defense lawyer that his substantial fortune can buy and then follow their advice, to the letter.

Since none of this is even remotely likely to happen, I will go out on a limb and predict that Mr. Trump's eventual collision with reality, when it happens, is going to be spectacularly ugly. But it will probably be must watch TV.


August said...

I am hoping that this is how you control the media cycle, while your investigators are quietly setting up all the real criminals in D.C.

Much of the screeching accusations are complete non-issues from a legal perspective, so he doesn't really need a defense. Although, if someone had Mueller's budget and 'scope' he could find something to charge any of us.

The Anti-Gnostic said...

Since none of this is even remotely likely to happen, I will go out on a limb and predict that Mr. Trump's eventual collision with reality, when it happens, is going to be spectacularly ugly...

You are in for a long 7 years. What crimes do you think Trump has committed?

And what do you think happens after Trump--we're all going to go back to voting for True Conservatives who will by then be offering to fellate any transgendered illegal immigrants for a vote because that's Who We Are?

It's not about what your politician supports, it's whether he supports you.

John (Ad Orientem) said...

I think there is a very strong case for obstruction of justice. It may not be airtight. But it is strong.

August said...

The investigators obviously don't think that because they keep looking farther and farther a field.

John (Ad Orientem) said...

Looking at other potential crimes doesn't strike me as indicative that obstruction is not on the table. Of course Mueller has reportedly concluded that he needs to abide by the judgement of the Nixon and Clinton Justice Departments who concluded that sitting presidents are immune from criminal indictment. FTR I largely agree with that judgement though I'd probably make an exception for exceptionally serious crimes like treason or murder. In any case there will be a report, my guess is this year, and we will see what's in it.

Stephen said...

As President, he was in his rights to fire Comey, so if that's what you're thinking is the basis for an obstruction of justice charge, it ain't never gonna happen. Or is there something else you're basing your prediction on?

The Anti-Gnostic said...

In fact, what appears to have happened is elements in the FBI and CIA colluded with the Hillary campaign to get dirt on Trump, paying for a ludicrous, fake dossier from a British intelligence agent, which was used by the FBI to obtain FISA warrants to spy on the Trump campaign. There are probably four crimes right there.

We are well past ideological debate at this point. The bureaucracy has decided that voting can no longer be allowed to change the government.