Trump sits in the courtroom with his attorneys and Epshteyn (far right) during his arraignment at the Manhattan Criminal Court in April. — TNS
IT was a fraught year for Donald Trump’s lawyers, past and present.
They were indicted. They pleaded guilty. They were subpoenaed or risked losing their law licenses. They faced sanctions, were admonished by judges and exited amid behind-the-scenes drama. And one filed for bankruptcy.
But all that hasn’t kept legions of new lawyers from stepping up to represent the former president.
Trump had more than five dozen attorneys representing his personal interests or presidential campaign in cases across the country over the past year, according to a Bloomberg News review of court records. Most remained actively litigating on his behalf heading into 2024.
Trump has teams defending against four indictments. He has lawyers representing him in a range of civil cases. His campaign mobilised a nationwide hiring push to fend off lawsuits challenging his spot on 2024 ballots as he campaigns for a return to the presidency.
“It’s a little confounding, I can see that,” said Ty Cobb, a former Trump White House lawyer.
Cobb is among a cohort of attorneys to publicly break with their former client. The most outspoken, Michael Cohen, has described Trump as demanding loyalty at the expense of legal and ethical boundaries. This fall, Cohen testified against him in a civil fraud case.
But a willingness to take on controversial or challenging clients can be a “badge of honour,” said Richard Kaplan, a white-collar defence lawyer in Los Angeles. The lure of publicity – good or bad – the expectation of a big paycheck, or personal or political sympathies can also be part of the draw, he said.
Cobb won’t work for Trump again. A framed sign in his home office reads, “You are no Roy Cohn.” It’s a reminder of criticism he says he’s most proud of getting from the former president – comparing him to the notorious late attorney Trump has praised for being “loyal” and “brutal.”
But Cobb said he wouldn’t automatically wave off lawyers thinking about entering Trump’s orbit – it depends on what they’re asked to do. He cited the 2024 ballot challenges as an example of cases that presented more “abstract” constitutional questions at a distance from Trump’s personal interests.
Trump has a right to zealous representation, but working for him carries risks, Cobb said. Lawyers should go in with a firm sense of lines they won’t cross, he said.
High-profile politicos typically turn to large law firms – and the deeper bench of attorneys, connections and resources they can offer – when they need counsel. Nearly all of the lawyers representing Trump or his campaign came from small or mid-size firms or solo shops – practices that can offer more one-on-one attention and avoid the complications of sharing a firm with risk-averse corporate clients.
The investigations and expanding universe of litigation surrounding Trump since he left office have meant steady work for the latest attorneys to sign on. Recent federal campaign finance records show tens of millions of dollars flowing from Trump-aligned political action committees to law shops representing him and former administration advisers, allies and employees.
Trump has gotten flak for his choice of legal counsel. Former Attorney General Bill Barr called the attorneys Trump turned to after he lost the 2020 election – including former New York City mayor Rudy Giuliani – a “clown show.”
Giuliani is one of eight lawyers indicted alongside Trump in the 2020 election interference racketeering case in Georgia. Three of those attorneys pleaded guilty and agreed to testify in future trials. Giuliani is also one of several former Trump lawyers defending their law licenses against ethics complaints and was on trial in Washington for defaming Georgia state election workers.
One partner at a large, US-based global law firm, said they were approached this year by a Trump attorney about joining the team in a pending case. The partner, who requested anonymity to discuss private conversations, said defence lawyers should have a high tolerance for challenging clients. But the law firm’s management said no, citing concerns about jeopardising existing client relationships, the person said. At least one large global law firm, Nixon Peabody, represented Trump in one of the dozens of lawsuits seeking to disqualify him from 2024 ballots. Trump so far has prevailed in those cases, which involve a post-Civil War-era constitutional ban on insurrectionists holding public office. The Nixon Peabody attorneys and a firm spokesperson didn’t respond to requests for comment.
The 2024 ballot challenges offer a preview of the state-by-state legal mobilising ahead for Trump’s campaign. Some lawyers handling disqualification cases worked on 2020 vote challenges for Trump or other Republicans, while some didn’t appear to have a record of past ties to Trump or the last election.
The Dhillon Law Group is playing a lead role managing the campaign’s legal work, according to two people familiar with Trump’s representation. The firm has become a go-to law shop for conservative clients and causes. Firm attorneys and a spokesperson didn’t return requests for comment.
Trump typically is active in vetting potential new attorneys and makes the final call, the people said. Close adviser Boris Epshteyn continues to play a lead role in hiring decisions and high-level legal and communications strategy, they added.
Friction with Epshteyn reportedly contributed to the departure of three lawyers representing Trump in the federal cases. Rolling Stone reported tension with Epshteyn was a reason for attorney turnover in the Georgia case. Epshteyn declined to comment.Trump’s current lawyers faced other challenges this year. Judges chastised them for echoing their client’s political rhetoric and bombast.
Prosecutors alleged Trump used lawyers to further his criminal conduct and put several of them before a grand jury. They lost fights to delay trials until after the election and efforts to get criminal charges and civil claims tossed out, though they’re pressing appeals and schedules are still in flux. — Bloomberg
