If the Democrats win the House this fall, they can investigate the charges against him, should he be confirmed... Impeachment proceedings in the House are investigative in nature and come with a full panoply of quasi-judicial powers, including aids to investigations, such as the power to subpoena witnesses to compel them to appear and testify (subject, of course, to constitutional privileges, if applicable, such as the Fifth Amendment’s guarantee against self-incrimination)... If a simple majority of the House decided to proceed with impeachment, the House Judiciary Committee would be empowered to conduct a thorough and careful investigation of the sexual misconduct allegations that Professor Christine Blasey Ford has made against Mr. Kavanaugh involving a drunken sexual assault when both were high school students in suburban Washington, D.C... Nor should the Democrats wait to formally take control of the House in January. The House Democratic leadership should pledge now that if they win a majority, they will conduct an impeachment investigation, to get to the truth. Doing so today would make clear to the Senate Republicans that if they rush to judgment, in the absence of a full and fair investigation, there will still be an investigation... Of course, even if the House impeached Mr. Kavanaugh, it would still take a two-thirds majority in the Senate to convict and remove him from the Court. But the Senate vote would surely have at least something to do with the merits of the House’s case: If a full and fair investigation shows that Mr. Kavanaugh has lied regarding the incident — he has denied it categorically and says nothing even remotely like it ever occurred — Republican senators may find it hard to vote “no” in the #metoo era. It would be a terrible blow to the legitimacy of the Supreme Court, of course, but this is the risk that Senators McConnell and Grassley seem willing to take... Moreover, an impeachment investigation could also encompass allegations that Mr. Kavanaugh has committed perjury before the Senate, twice, related to his work on the nomination of District Judge Charles Pickering to be a judge on the Court of Appeals for the Fifth Circuit. Under oath, both in 2006 and in 2018, he said he had no involvement with the White House strategy sessions associated with Judge Pickering’s nominations. Subsequently released emails, involving these sessions, suggest that these answers were at best misleading and at worst totally false... Attending a strategy session as a White House staffer is not a crime. Lying under oath to the Senate Judiciary Committee, on the other hand, is. Perjury would be a perfectly justifiable, and constitutional, basis for impeachment... Federal judges, including members of the Supreme Court, should not be impeached based on their judicial rulings or philosophy... proceedings should be strictly limited to questions associated with his alleged intentional and deliberate efforts to mislead the Senate about his character and fitness to serve... We do not know the truth of the troubling allegations against Judge Kavanaugh. But, before someone is confirmed to the Supreme Court, good faith efforts to discover the truth should be made. And if the Senate won’t conduct a credible investigation now, the House should offer its assistance next year.
President Trump’s advisers and allies are increasingly worried that he has neither the staff nor the strategy to protect himself from a possible Democratic takeover of the House, which would empower the opposition party to shower the administration with subpoenas or even pursue impeachment charges
.. The president and some of his advisers have discussed possibly adding veteran defense attorney Abbe Lowell, who currently represents Trump son-in-law and senior adviser Jared Kushner, to Trump’s personal legal team
..Trump announced Wednesday that
- Donald McGahn will depart as White House counsel this fall, once the Senate confirms Supreme Court nominee Brett M. Kavanaugh. Three of McGahn’s deputies —
- Greg Katsas,
- Uttam Dhillon and
- Makan Delrahim — have departed, and a fourth,
- Stefan Passantino, will have his last day Friday.
That leaves John Eisenberg, who handles national security, as the lone deputy counsel.
.. McGahn and other aides have invoked the prospect of impeachment to persuade the president not to take actions or behave in ways that they believe would hurt him, officials said... Trump has told confidants that some of his aides have highly competent lawyers such as Lowell, who represents Kushner, and William A. Burck, who represents McGahn as well as former White House chief of staff Reince Priebus and former White House chief strategist Stephen K. Bannon.“He wonders why he doesn’t have lawyers like that,” said one person who has discussed the matter with Trump.Another adviser said Trump remarked this year, “I need a lawyer like Abbe.”Giuliani said that he has not heard of Trump considering adding Lowell to the team but that he would be a great choice because of his thorough and aggressive style.
“This president might like that better,” Giuliani said. “If he thinks someone isn’t being tough enough, he has a tendency to go out to defend himself. And that’s not good.”
.. “I would think that the type of lawyer most able to handle the impeachment scenario would be someone from the appellate and Supreme Court bar — someone of the Ted Olson or Paul Clement or Andy Pincus level, someone who knows how to make the kind of arguments should it come to a vote in the Senate,” Corallo said.
.. Emmet Flood, a White House lawyer and McGahn ally who handles the special counsel’s Russia investigation, has long been considered a top prospect to replace McGahn.
.. Flood, often described as a lawyer’s lawyer, is in many ways the opposite of Trump and Giuliani, yet the president has told advisers he is impressed by Flood’s legal chops and hard-line positions defending the prerogatives of the White House.
.. White House aides, including deputy chief of staff Johnny DeStefano and political director Bill Stepien, have tried to ratchet down Trump’s expectations for the elections, saying that projections look grim in the House.
.. Another concern is that the White House, which already has struggled in attracting top-caliber talent to staff positions, could face an exodus if Democrats take over the House, because aides fear their mere proximity to the president could place them in legal limbo and possibly result in hefty lawyers’ fees.
“It stops good people from potentially serving because nobody wants to inherit a $400,000 legal bill,” said another Trump adviser.
.. the West Wing staff is barely equipped to handle basic crisis communications functions, such as distributing robust talking points to key surrogates, and question how the operation could handle an impeachment trial or other potential battles.
Trump sees the administration as having a singular focus — him — and therefore is less concerned with the institution of the presidency and not aware of the vast infrastructure often required to protect it, according to some of his allies.
.. Jack Quinn, who served as White House counsel under Clinton, said his office had at least 40 lawyers and as many as 60 during key times.
.. “I appreciate that Rudy Giuliani is doing a lot of the public speaking and perhaps some other things,” Quinn said. But, he added, “it’s a little bit of a mystery to me who is doing the outside legal work.”
Steve Bannon doesn’t do subtle. So it’s no surprise that there’s nothing subtle about the new movie President Trump’s onetime political guru has produced to energize the Trump base for this year’s midterm elections.
It’s entitled “Trump at War,” and it’s an hour and 15 minutes of pure Trumpian adrenaline. It opens with a series of shots of Trump supporters being attacked by angry opponents, shifts to outtakes of Trump supporters proudly accepting the “deplorables” label bestowed by Hillary Clinton during the 2016 presidential campaign, runs through a long series of angry ripostes at Trump detractors and praise of administration policy moves, and closes with dire warnings of the need to vote for Republicans in 2018 to head off efforts by liberals to impeach the president.
Mr. Bannon previewed the film for some Republican supporters in Dallas recently, but the big premiere is scheduled for Sept. 9—chosen because it is the second anniversary of the speech in which Mrs. Clinton used the “basket of deplorables” phrase. The location? The very club in Manhattan where Mrs. Clinton made the speech, which has been rented for the occasion.
.. Republicans face a Democratic party whose activists appear exceptionally motivated—to campaign, donate money and turn out in November.
Republicans need something to match that fervor. That something is the Trump base—and the best motivating tools are anger and fear.
.. In this case, that means specifically the fear that Special Counsel Robert Mueller, New York prosecutors and a Democratic Congress will conspire to kick Mr. Trump out of office. That’s why Republicans are talking about the specter of impeachment, not Democrats. Democrats know impeachment talk is a surefire way to motivate the other side.
.. Right now, independent voters are hard to read. Their sentiments have been shifting around a lot in Wall Street Journal/NBC News polling in recent months. As a general rule, they have a low regard for Mr. Trump personally and appear weary of the atmosphere of constant crisis around him. But the polling also indicates they increasingly like how Republicans are handling the economy, appreciate the GOP tax cut and think the party is changing the way things work in Washington.
That leaves moderate Republicans, of whom Mr. Bannon says simply: “We need RINOs.”
.. More conventional Republicans may be disdainful of Mr. Trump personally, but they also think the tax cuts, deregulatory policies and judicial nominations they like are imperiled if he goes down.
.. For the Trump base, impeachment talk is a source of outrage. Soft Republicans dislike it for less emotional, more practical reasons.
Avenatti was in the best shape of his life: 185 pounds, 9 percent body fat.
.. he still has the bearing of a light-heavyweight brawler.
.. n 2017, a Russian oligarch named Viktor Vekselberg had deposited around $500,000 into the same bank account Michael Cohen, President Trump’s former fixer, used to pay off Avenatti’s client in October 2016.
.. Avenatti, whose ability to steer a news cycle is rivaled by only the president’s, initially hoped to distribute the file that morning, thus ensuring wall-to-wall coverage for the better part of the day.
.. Avenatti had immediately zeroed in on a potential weakness in his strategy: The document wouldn’t stand up for long without independent corroboration, especially not if he insisted on keeping the source of his information anonymous.
.. The Times published an article revealing that Vekselberg had been interviewed by Mueller, the special counsel
.. “He’s smart that way,” a reporter on the Mueller beat told me. “He needs the television for attention, but he leans on print publications to vet the information he uses on TV.”
.. Avenatti does not employ a public relations specialist, preferring to handle all media scheduling himself
.. he was slumped in the makeup chair at the CNN studios in Columbus Circle, where he seemed to know most of the staff by name.
.. Jeff Zucker, president of CNN, appeared in the doorway, grinning. The men exchanged greetings and retreated to a corner of the greenroom to speak privately.
.. Avenatti shot back. “Right before we went live, The Times issued an article where they verified the accuracy of what we’ve released based on an independent review of other documents. There’s no question this is accurate.”
.. Cooper continued to press his guest, pointing out that the payments the document attributed to Vekselberg had actually come from Columbus Nova, an investment firm whose biggest client is a company controlled by Vekselberg. “At the very least, there may be no nefarious reason here at all that this company would have given $500,000 to Michael Cohen,” Cooper said. “They could’ve been hiring him for any number of consulting work — ”
Avenatti cut him off: “For what? For his legal skill and acumen? I doubt that.”
.. Pat Sajak, the “Wheel of Fortune” host and a notable Republican donor, stopped by the table to pay his respects, as did Andrew Napolitano, the Fox News legal analyst, who grabbed Avenatti by the head with both hands and pulled him into an awkward embrace.
.. Several outlets, including The New York Times, had reported that Avenatti was exploring the possibility of hosting his own cable-news program.
According to Avenatti, since early March he has been interviewed more than 200 times on network and cable TV.
.. Avenatti, Comedy Central’s Jordan Klepper has joked, “is on every single network, every hour of the freakin’ day. He’s got a toothbrush at CNN, a cot at MSNBC and a locker at ‘Riverdale.’
.. He has visited the sets of “The View,” “Real Time With Bill Maher” and “Megyn Kelly Today”
he has made two separate trips to Stephen Colbert’s couch at CBS, most recently to spar with the former Trump communications director Anthony Scaramucci.
.. Two decades ago, a different Los Angeles lawyer, William Ginsburg, appeared on all five Sunday talk shows on a single morning, in an attempt to vindicate his client, Monica Lewinsky, in the court of public opinion. The feat is known today as “the Full Ginsburg.”
.. Avenatti has taken Ginsburg’s underlying approach — let the American people be the jury — and updated it for the social-media era.
He has learned, with practice, to leverage Twitter in much the same manner as the president:
- as a place to goad (“This is the best Mr. Trump can do?”),
- a venue for self-aggrandizement (“This is getting too easy”) and
- a direct conduit to an adoring base of supporters.
.. we also have Avenatti because the left so desperately desires an anti-Trump: A person who can elicit the same dopamine reaction in his supporters that Trump can from his.”
.. Like Trump, Avenatti is all Freudian id, loudmouthed and cocky. “I’m a mercenary,” he acknowledged to me. “That’s what people hire me for, and I don’t apologize for it.”
.. He traffics primarily in a commodity in short supply among left-leaning voters: hope.
.. Nancy Pelosi, recently told The New Yorker that she doesn’t “like to talk about impeachment,” but Avenatti has gleefully predicted Trump will be out of the office before his term ends.
.. Robert Mueller, no matter the outcome of his investigation, is unlikely to ever call Rudolph Giuliani a “pig” or Michael Cohen a “moron”; Avenatti uses both insults so frequently that they have become a kind of refrain.
.. On paper, at least, Avenatti’s campaign against Trump and his personal attorney, Michael Cohen, is limited to three lawsuits.
- The oldest, from March, seeks to void the 2016 nondisclosure agreement prohibiting Daniels from discussing her supposed affair with Trump, on the grounds that Trump failed to sign the document ..
- .. accuses Trump of defamation for calling Daniels “a total con job” on Twitter, after Daniels said she had been threatened by someone who warned her to “leave Trump alone.”
- .. final suit claims that Daniels’s previous attorney, Keith Davidson, conspired with Michael Cohen and President Trump to keep Daniels quiet
.. the results of the raid have not been made public, the evidence is widely believed to contain files pertaining to the Daniels payout, which Cohen has admitted to orchestrating and which Trump had previously denied knowing anything about
.. Avenatti, for his part, claims to already have all the damning evidence he needs
.. Avenatti often describes his media omnipresence as integral to his long game: It rattles Trump’s defenders — as appeared to happen when the president’s lawyer, Rudolph W. Giuliani, contradicted the White House and acknowledged payment to Daniels.
.. helped bring in almost $600,000 for a CrowdJustice account in Daniels’s name, which Avenatti says is his sole source of financing for the case. It has also generated leads for Avenatti, like the Vekselberg data. “None of this happens if we don’t have a high profile,” Avenatti said.
.. Daniels told me. “People forced to play defense tend to get sloppy, they tend to make mistakes. And look, if I didn’t think Michael was doing a good job, I would fire his ass.” But, she added, “every time I watch him work, I think, This is what it must have been like to see the Sistine Chapel being painted. But instead of paint, Michael uses the tears of his enemies.”
.. litigating a case in the press is not without risk. As one of Avenatti’s former colleagues, the lawyer Brian Panish, pointed out, “Michael is good with the media, but the media isn’t always going to do what he wants them to do.”
.. has seen his personal life and past investments raked over. Fox News tracked down his second wife, Lisa Storie, and elicited her opinions on their acrimonious divorce. (Storie recently told me that they were now on “really good terms.”)
.. CNN recently published a quadruple-bylined expose on bankruptcy proceedings against Eagan Avenatti
.. At times, he has seemed genuinely unsettled by the scrutiny
.. after The Daily Caller published a critical piece, he threatened to sue the conservative site for defamation. “If you think I’m kidding, you really don’t know anything about me,” he wrote to the reporter in a Twitter message, which was denounced by other journalists. “This is the last warning.” For many people, it was the first time Avenatti’s hardball tactics had spilled into public view.
.. the Texas trip bolstered his messianic standing among liberals, and invited claims, from detractors, that he is little more than a flagrant opportunist
.. to the people who know him best, the evolution into partisan firebrand is hardly surprising... “Look, Michael has always been a hard-charging guy,”.. And I think what we’re seeing now is that he’s a perfect foil for Trump, because he actually sees the world just like Trump does. He has that same faith in the spotlight,” Kabateck paused. “In a way, he is sort of is Trump.”.. When Avenatti was 10 years old, his father, an executive at Anheuser-Busch, took him to an off-road car race.. Avenatti was captivated. “The speed, the danger — I couldn’t look away,” he told me recently. “In retrospect, it was the feeling I’d get later on, working on a major legal case. You’re nervous, there’s a sense of fear, and also a sense of intense excitement.”.. he was already incredibly driven, incredibly serious. I don’t think he ever relaxed... To avoid going too deep into student-loan debt, Avenatti, who had long thought about going into politics, took a year and a half off from Penn and accepted a full-time job with Rahm Emanuel’s political-consulting firm, the Research Group... the firm’s leadership soon promoted him to opposition researcher... “This was before the days of the internet, so if you wanted to find clerk records or look up business disputes, you would have to go to the candidate’s jurisdiction,” Avenatti says. “I did a lot of flying around, a lot of gumshoeing.”.. he says he participated in 150 campaigns in 42 states.. It was an exceptionally demanding schedule for someone who had not yet finished his senior year in college, and by 1996, Avenatti was burned out on politics... Daniel Petrocelli. “Dan was the trial guru at O’Melveny,” Avenatti told me: He represented the family of Ron Goldman during the civil suit against O.J. Simpson and once went to battle for Disney over merchandising rights to Winnie the Pooh. “He was a street fighter,”.. “But he was exceptional at speaking to juries, and I’d like to think he saw a little bit of him in me.”.. A lot of what I absorbed from Dan involved his preparation,” Avenatti told me. “He was extremely diligent, and he was able to absorb a lot of information in a short period of time.”.. He wasn’t going to stay at O’Melveny forever, no matter how high the pay. “The drafting, the redrafting of motions, the back and forth, he hated it,” Avenatti-Carlin told me. “He wanted to be more than a paper pusher. He wanted to be a change agent.”.. In 2004, he sued the future president and the producer Mark Burnett for stealing the concept of “The Apprentice” from a client... Avenatti was able to prove his client had pitched a pilot called “C.E.O.” to Burnett’s people. Trump and Burnett settled... But such cases are expensive to litigate and can drag on for years, with little — or, in the event of an adverse verdict, nothing — to show for it. Still, the high-risk-high-reward aspect of the work appealed to Avenatti; it was a good fit, he thought, for his personality... he defining case of his young career, suing the accounting giant KPMG for audit malpractice, for failing to notice or report the some $40 million the chief financial officer had embezzled.. Michael was a force of nature. He was like a little computer: He’d sit there processing, synthesizing. Then he’d sit down with the witness, and you’d watch him set them up, listen to their answers, and set them up again. They didn’t know what hit them... “Michael has lived large for as long as I’ve known him,”.. “The thing with living large, though, is that the highs might be high, but the lows are going to be really low. You can crash hard.”.. Avenatti was dealing with a potentially more costly legal matter, this one involving a former litigator at the firm, Jason Frank. In an arbitration case filed in California, Frank claimed that Avenatti had kept pertinent financial forms from him and generally misstated profits in order to avoid paying Frank millions... A judge in Florida issued what’s called an automatic stay on Eagan Avenatti, a temporary form of bankruptcy that would remain in effect until the debt to Tobin was repaid... which meant Frank could not move forward in his effort to recoup the millions he said he was owed.. judge in charge of adjudicating the bankruptcy. Referring to what she described as a “stench of impropriety,” the judge said it was unclear whether “Tobin had some relationship with the firm that would have induced a collusive filing” or whether “Eagan Avenatti just got plain lucky.”.. “At their root, the O’Malley thing and the Frank thing, they were both about Michael not playing nicely with others,”.. “Michael has always been attack, attack, attack. That ability to sit down and calmly settle things behind closed doors, that’s the club missing from his bag. He has no reluctance about letting problems turn into public, very ugly brawls.”.. “The kind of work I do,” Avenatti told me recently, “there’s usually a lot of money on the line, there are jobs on the line. It’s not a world that lends itself to everyone being friendly all the time. We’re certainly not sitting around holding hands, singing ‘Kumbaya.’ ”.. Frank was approved by a bankruptcy judge: Eagan Avenatti was to pay Frank $4.85 million, with $2 million due in May. (That first payment was missed; the parties now dispute the terms of the settlement.).. Around the same time, Avenatti reached out to William Hearon, a lawyer friend, to talk about a new client he was considering representing in a civil suit... Avenatti has taken great pains not to reveal how he was introduced to Stormy Daniels, possibly because he worries the story of their meeting could help fuel persistent suspicions that he is acting on behalf of a Democratic donor.. The Times has reported that Avenatti reached out to major Democratic financial backers, including David Brock, to discuss funding for the lawsuit, but that no money changed hands... “Michael never sought me out,” Daniels told me. “I hate it when people say Avenatti must have persuaded me to do this. I had the same conversation with him I had with other lawyers,” she went on. “Michael was the best choice. He never tried to discredit what I was saying. He believed me. He thought I was speaking the truth.”.. And after Cohen subsequently produced a letter he said was signed by Daniels, denying an affair ever took place, she grew increasingly frustrated... “Part of the reason that we went with a media-heavy strategy,” Avenatti told me, “was because we wanted to reset the narrative around my client. I wanted the American people to see what she’s all about. I wanted them to see her in the way that I had come to know her.”.. Avenatti’s theatrics, and the often-intersecting paths of the Mueller probe and his own legal crusade, have left him vulnerable to the charge that he is merely piggybacking onto an investigation that would move forward with or without his participation. (The Wall Street Journal has reported that Avenatti has “frustrated” the efforts of Mueller’s team to investigate Cohen’s orchestration of the NDA — a charge Avenatti vociferously denies,.. Should Avenatti, for instance, fail in his bid to invalidate the NDA, his client, who described on “60 Minutes” the details of her alleged affair with Trump — down to the precoital spanking and the claim that she could identify his genitals — could be liable for millions in damages... by continuing to appear on television, Avenatti risks annoying jurists on his cases like Kimba Wood, the judge overseeing the federal Cohen probe.. “I either want you to participate or not be in the matter at all,” the judge went on. “I don’t want you to have some existence in a limbo where you’re free to denigrate Mr. Cohen and, I believe, potentially deprive him of a fair trial by tainting a jury pool.”.. “My own personal opinion is he’s getting too much exposure,” says Robert Bennett, President Clinton’s personal lawyer leading up to the 1999 impeachment hearings. “If you want to really win, and not just cause embarrassment to the White House, you should resist the urge to be in the spotlight all the time. You don’t want to overplay your hand.”.. “Here’s the comment: Keith Davidson is a disgrace.”.. I wondered if, given the intense highs of the Daniels case, he could envision himself going back to regular old corporate law in a full-time capacity. Wouldn’t politics be more appealing?.. Using the car’s paddle shifters, Avenatti dropped the car into fifth, and we shot forward down the carpool lane until the surrounding scenery had been reduced to a nauseating blur... “Pull over,” the police cruiser’s loudspeaker crackled.
I sneaked a look at Avenatti. He was smiling. He took the next exit, and drawing to a halt in a strip-mall parking lot, waited for the cop to reach his window. Instead of writing a ticket, the officer gave Avenatti a warning: “Sir, in the future, make sure to stay in your lane.”