Michael Avenatti is using Trump tactics to battle Trump, a strategy that comes with risks

“Nothing he has been doing in the last four to six weeks with his multiple television appearances advances the interests of his client in the California action,” said Stephen Gillers, a New York University law professor who specializes in ethics. “He’s catapulted himself to be the story. There are dangers when a lawyer becomes so publicly vocal.”

Gillers described Avenatti’s media presence as highly unusual for an American lawyer, not only because of his frequent television appearances but also because his arguments are more sweeping than his client’s narrow complaint. “I really cannot think of an equivalent,” he said.

.. Last week, Cohen said that because Avenatti published his private banking transactions, he should not be permitted to represent Daniels in a federal court in New York. Daniels is seeking to intervene in the case

.. “He comes across as consistent and credible and single-minded in his concern for his client’s interest.”

.. Mark Penn, a former adviser to President Bill Clinton, last week asked in the Hill publication whether Avenatti is truly representing his client as a lawyer or “just using her as cover to wage a political operation.” Fox News host Laura Ingraham asked the same question on her show, all but accusing Avenatti of acting as a Democratic operative.

.. Perhaps his most un­or­tho­dox move involved the decision to publicize the details of Cohen’s banking transactions. Under the old rules of Washington, a lawyer might have leaked that sensitive information to a trusted journalist who would vet it and publish it, perhaps in a way that could not be traced to the lawyer.

But this is the Trump era. Avenatti turned to Twitter.

.. Cohen’s lawyers noted in their court filing, the dossier contained mistakes, including several transactions by other Michael Cohens. That meant Avenatti had publicized details about the banking histories of people who had nothing to do with Daniels.

.. Not unlike Trump, Avenatti is loath to apologize.

.. He has declined to identify the source of his information. The Treasury Department inspector general is investigating whether the confidential Suspicious Activity Reports that banks submit to the federal government were leaked.

.. Unlike journalists, he said, lawyers may not use or disclose documents that they know were illegally obtained even if the lawyer does nothing unlawful to get them.

.. While in college and later in law school, Avenatti spent five years working for a political consulting firm run by Rahm Emanuel

.. After law school, Avenatti worked for lawyer Daniel Petrocelli, who had represented the family of victim Ron Goldman in the O.J. Simpson case

Review: ‘Fire and Fury’ in the Trump White House

The author writes as if he were the omniscient narrator of a novel, offering up assertions that are provocative but often conjectural. Barton Swaim reviews ‘Fire and Fury’ by Michael Wolff.

Inside the Trump White House” is thus in a class with Salman Rushdie’s “Satanic Verses”—by itself a forgettable book, certainly not Mr. Rushdie’s best, but remembered forever as having provoked a death sentence from Iran’s Ayatollah Khomeini.

.. Mr. Wolff is known in New York and Hollywood for his withering takedowns of popular public figures; he was only ever going to write one kind of book.
.. “Fire and Fury” is a typical piece of “access journalism,”
.. Mr. Wolff takes the genre to another level, and perhaps a lower level. If he has employed objective criteria for deciding what to include or exclude, it’s not clear what those criteria are. By the looks of it, he included any story, so long as it was juicy.

.. “Many of the accounts of what has happened in the Trump White House,” Mr. Wolff writes, “are in conflict with one another; many, in Trumpian fashion, are baldly untrue. Those conflicts, and that looseness with the truth, if not with reality itself, are an elemental thread of the book. Sometimes I have let the players offer their versions, in turn allowing the reader to judge them. In other instances I have, through a consistency in accounts and through sources I have come to trust, settled on a version of events I believe to be true.”

.. what to do when two sources make contradictory claims. A responsible reporter, or one more scrupulous than Mr. Wolff, would seek out corroborating evidence or do more research. Mr. Wolff simply “settles” on his preferred version.
.. Mr. Wolff often writes as if he were the omniscient narrator of a novel.
..  “Sessions was certainly not going to risk his job over the silly Russia business, with its growing collection of slapstick Trump figures. God knows what those characters were up to—nothing good, everybody assumed. Best to have nothing to do with it.”
..  It seems unlikely that Mr. Wolff interviewed Mr. Sessions, and unlikelier still that the attorney general told him any such thing about his own thoughts on recusal. How does Mr. Wolff know then?
.. Reporters, especially though not exclusively political reporters, are more interested in the meaning of facts than in the facts themselves. They’re concerned with interpretation rather than accuracy, with “narrative” rather than detail, with explaining rather than disclosing, with who’s happy or angry about a story rather than whether it’s true, with what’s likely to happen next week or next year rather than with what happened yesterday.

Another classically ‘Trumpian’ theme is the idea that, while the liberal international order has helped advance U.S. interests in some cases, it has also hurt the United States.

a Trump administration staffer who reviewed a draft of the document—and shared key excerpts with me—describes it as “divorced from the reality” of Trump’s presidency.

.. A few classically Trumpian themes are there—the wall, concern over trade imbalances—but much of the document reflects the values and priorities of the president’s predecessors.

.. These discrepancies render the document practically meaningless—enough so that it’s likely to be “widely ignored,”

.. In the end, Trump’s actions will matter far more than his words. And no matter how much fanfare this strategy document gets, foreign governments will likely continue to take their cues from the president himself.

 .. broken into four pillars:
  1. defending the homeland,
  2. American prosperity,
  3. advancing American influence, and
  4. peace through strength.

.. It was spearheaded by Nadia Schadlow, senior director for strategy on the National Security Council (NSC). Schadlow is regarded as a conservative foreign-policy expert based on her experience in the establishment think-tank world, including stints at the Council on Foreign Relations and the Smith Richardson Foundation. She joined the NSC at Lieutenant General H.R. McMaster’s request

.. a section on promoting the rule of law is undermined by Trump’s own persistent attacks on the U.S. judicial system.

.. Trump’s NSS, like Obama’s, identifies the security of the U.S. homeland, particularly against terrorist threats and weapons of mass destruction, as a priority;

  • both recognize that promoting economic prosperity is core to sustained U.S. global leadership;
  • both highlight the value of preserving an open and liberal international order that has often times benefited the United States; and
  • both underscore the importance of preserving core American principles and values.

.. The draft NSS also highlights “enhanced intelligence sharing domestically and with foreign partners” as a priority for disrupting terror plots. But Trump, through his own words and actions, has done much to undermine these relationships.

.. once accused the British intelligence agency, GCHQ, of helping the Obama administration wiretap Trump when he was running for president

.. He has undermined the rule of law repeatedly, personally attacking specific judges, the federal judiciary more broadly, as well as the FBI, the Justice Department and their leaders, some of whom he picked.

.. there’s been too much in the past year designed to stoke fear and sow schisms to make credible language of unity, however much I do crave such unity.”

.. Another classically ‘Trumpian’ theme is the idea that, while the liberal international order has helped advance U.S. interests in some cases, it has also hurt the United States.

 

How Donald Trump Opened the Door to Roy Moore

There was evidence that the father was abusing the kids, who by 2002 were teenagers. He acknowledged whipping them with a belt and forcing them to sit with paper bags over their heads. He refused to send the younger children to summer school, even though their grades were bad. When the kids called their mother, their father taped the conversations. By the time the case got to the Alabama Supreme Court, a lower court had ruled in the mother’s favor. The Alabama Supreme Court reversed the ruling, with then Chief Justice Roy Moore writing in a concurring opinion that a gay person couldn’t be a fit parent.

“Homosexual conduct is, and has been, considered abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature and of nature’s God upon which this nation and our laws are predicated,” wrote Moore. He added, “The state carries the power of the sword, that is, the power to prohibit conduct with physical penalties, such as confinement and even execution. It must use that power to prevent the subversion of children toward this lifestyle, to not encourage a criminal lifestyle.”

.. But Moore’s victory is also a victory for Trumpism, a populist movement that has eroded normal limits on political behavior.

.. Fritz Stern, a historian who fled Nazi Germany, described the “conservative revolution” that prefigured National Socialism: “The movement did embody a paradox: its followers sought to destroy the despised present in order to recapture an idealized past in an imaginary future.”
.. What Moore’s critics see as lawlessness, his fans see as insurgent valor. Trump’s most prominent nationalist supporters, including Steve Bannon and Sebastian Gorka, lined up behind Moore, describing him as part of the Trumpian revolution. Nigel Farage, a right-wing British politician and Trump ally, flew to Fairhope, Ala., to speak at a rally for Moore, saying on stage, “It is getting someone like him elected that will rejuvenate the movement that led to Trump and Brexit.”
.. Back then, anti-gay prejudice was far more acceptable than it is today, but Moore’s messianic denunciation of a lesbian mother was still shocking. Trump is not a pious man, but by destroying informal restraints on reactionary rhetoric, he’s made his party hospitable to the cruelest of theocrats.
Moore’s success is bound to encourage more candidates like him. The Republican establishment’s borders have been breached. Its leaders should have built a wall.