The Right to an Attorney
The Supreme Court Case, Miranda v Arizona, guaranteed a defendant the “right” to an attorney. The famous Miranda Warning is on every cop show on TV, so much so that many have it memorized:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court. With these rights in mind, are you still willing to talk with me about the charges against you?”
The American Constitution and legal tradition is one of judicial fairness. Fairness is maintained by balancing attorneys both for the government (the prosecution) and for the defendant. The phrase: “every defendant is entitled to an adequate defense” is also a part of our legal tradition. Even the most heinous crimes, from the Boston Bomber to the Parkland shooter, are provided with good and often highly expert attorneys to argue their case.
In the rarified world of Presidential “crime” there are only a few attorneys with great experience. David Boies and Ted Olson are two of those high-powered counselors. They were on the opposing sides of the Bush v Gore case, the only contested Presidential election to go to the Supreme Court. Greg Craig and Robert Bennett were Clinton’s lawyers during his impeachment proceedings. Craig also represented Jonathan Edwards in the former Vice Presidential candidate’s campaign finance trial. These lawyers and a few others are the “A” team of Presidential defense.
None of them are working for President Trump. And that’s too bad.
No really, it’s too bad. Trump doesn’t even have a ‘C’ team. His only lawyer of “stature,” Ty Cobb, is actually representing the office of the President, not Trump himself. His lead lawyer, John Dowd, never had the stature of the traditional Presidential attorneys (hard to attain that while flipping off TV cameras and swearing at reporters.) And he quit.
Meanwhile, it truly is an ‘A’ team of prosecutors under the Mueller umbrella. The top prosecutors in the nation, with varying areas of expertise, are primed and ready to take on the President. Trump needs to “up his game.”
There are several reasons attorneys choose not to work for Trump. Some are truly conflicted, already representing clients involved in the Russiagate scandal. One of the “big league,” Abbie Lowell, is representing Jared Kushner, and is thus barred from representing Trump. Even the ‘C’ lawyers Trump wanted to hire, Joe DiGenova and his wife, were conflicted by representing Mark Carallo, the former spokesman for Trump’s legal team who may be involved in obstruction of justice.
Some are concerned that representing Trump will damage their firm. Other clients, particularly corporate clients, don’t want their lawyers connected with Trump. And some think that a connection with Trump will damage their reputation.
And finally, Trump has a reputation for not paying for services. This is a case that will require millions of dollars; no firm is looking to do it for nothing.
So Trump’s main lawyer at the moment is Jay Sekulow. Sekulow’s area of expertise is religious and Constitutional law, and while he defended the US Treasury in tax court, he has no criminal law experience. The team has also added Andrew Ekonomou, a former acting US Attorney, has worked on criminal and racketeering cases in Georgia. In 2000 at age fifty, he went back to Emory University to earn a PhD in medieval history.
Trump spent a great deal of time crying “foul” during the 2016 election campaign. He claimed he wasn’t treated fairly by the media, and that the election was rigged. He knows how to be a “victim,” and he has proven to be able to sell that to his base.
The difference between the “Trump Team” and the “Mueller Team” is obvious. The fact that “big league” attorneys won’t work for Trump is his fault (and personally satisfying) but it sets up a whole future scenario with Trump as the “victim” of those “smart Mueller guys.”
With the crisis that looms with the end of the Mueller investigation, Trump has already laid out his strategy of undercutting Mueller. “They are all Democrats,” “it’s an illegal investigation,” and “we weren’t experienced in national campaigns” all are excuses for losing to Mueller. They don’t need another: “no one would work for us.”
Trump has the right to an attorney. Like it or not, he needs a good one.
