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The legal team of the ex-presidents is boiling.

The legal team of the ex-presidents is boiling.


In the latest addition to Donald Trump’s growing legal troubles, attorney Timothy Parlatore has just announced his resignation from the former president’s legal team. Parlatore said he was forced to resign because it was impossible to work with co-counsel Boris Epshteyn. According to Parlatore, Epshteyn did everything he could to try to stop us talking to Trump, and wasn’t very honest with the client. Why Mr. Epshteyn, a longtime Trump aide, former corporate lawyer and political commentator with no apparent criminal defense experience, calls the Trump team into multiple monumental white-collar criminal investigations remains a mystery, though one can guess from Parlatore’s quote that it’s because he’s telling Trump what he wants to hear.

Parlatores’ departure follows that of Evan Corcoran, a Trump lawyer who resigned from the Mar-a-Lago investigation after being forced to testify before the grand jury against his client in the classified documents case. Despite his resignation from the Mar-a-Lago investigation, Corcoran will remain the former president’s attorney in other investigations. Although Parlatore was also compelled to testify before the grand jury, he apparently saw no ethical or practical obstacles to his continuing to work for Trump until Epshteyn annoyed him enough to trigger his exit. Parlatore and Corcoran are wrong.

As a white-collar criminal defense attorney for four decades, I cannot understand how an attorney who testified in a grand jury investigation of a client can remain that attorney for the client. Justice Department lawyers did not subpoena Parlatore and Corcoran after randomly extracting their names from the phone book. They were subpoenaed because the DOJ needed to have substantial evidence implicating them in their client’s criminal conduct. Otherwise, there would be no way to successfully litigate the case for several months to break the solicitor-client privilege under the criminal fraud exception. Unless the DOJ and the judges who upheld the invocation of the criminal fraud exception are largely off the mark, there are only two likely outcomes: the attorney becomes a witness against the client or is indicted as his co-conspirator.

When testifying before a grand jury, the attorney/witness must be careful not to expose themselves to charges of perjury, while the attorney’s underlying conduct also comes under scrutiny . How can the client maintain complete trust in the lawyer when he can’t really know if the lawyer has provided damaging evidence that will be used to put him in jail? How does the client know if the lawyer has protected his own interests instead of those of the client? In Corcoran’s situation, how does providing testimony that can help an attorney convict their client in one case not destroy the attorney-client relationship in all cases? Intrinsically, lawyers’ need to protect themselves necessarily conflicts, at least to some extent, with their obligation to protect their client. This conflict seriously undermines a relationship that requires full disclosure, mutual trust and a shared desire to always put clients’ interests first.

In short, once a subpoena attorney fails in their attempts to do everything legally possible to avoid having to testify, there is no choice but to end the attorney relationship. -customer.

So the overall conclusion of the Parlatores release is that Team Trump can now be called Team Turmoil. In addition to losing Corcoran and Parlatore, Joe Tacopina, Trump’s attorney in the E. Jean Carroll civil assault litigation, can be expected to be gone soon, although in his case not voluntarily. If any of these three new Trump legal exiles will join their former colleagues on the Trump team who abandoned ship by going public with negative defense team reviews of their former clients and their chances of defending themselves with success, like former Trump White House attorney Ty Cobb predicting his former client will go to jail remains to be seen.

Harlan Crow: Investigating My Gifts To Clarence Thomas Is Unconstitutional How Alvin Bragg Could Still Nail Trump For Tax Evasion How The ProPublica Guys Broke This Huge Clarence Thomas Story After My Wife Got Cancer, Her Catholic School Got It returned. It only got worse from there.

Anyway, given the extraordinary number of Trump lawyers who have been pushed or jumped out the window of defending former presidents, we can now add a flawed defense team to the legal problems of former presidents that I previously identified in Slate. We start with Trump’s incredible inability to testify on his own behalf. Indeed, the extent to which his deposition testimony was used as a battering ram against him in the Carroll trial, and his hysterical rants and involuntary confessions at a CNN town hall event that likely caused his lawyers to consider self-immolation, greatly underscore the point. In addition to this severe personal limitation, we can add a number of predictable and erroneous tactical decisions, including the recommendation of Judge Raymond Dearie of the Eastern District of New York to be the special master of Mar-a-Lago and the problematic selection of Joe Tacopina as lead counsel in the Carroll case. As a special master, Dearie gave the DOJ everything it wanted while only giving Team Trump well-justified criticism. As lead defense counsel in the disastrous Carroll trial, Tacopinas’ explosive performance was roundly criticized by the media and by his client after the verdict.

While each manifests in different ways, all of these obstacles to the former president’s ability to defend himself emanate from the same source: Donald Trump. As my former legal partner Ken Kaplan and I used to say when dealing with difficult clients, you can often protect a client from the government, but you can never protect them from themselves. With that reality in mind, we can certainly expect more self-inflicted wounds to emerge as the investigations wind down and the pressure on the former president mounts.




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