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.”
.. the White House counsel, Donald F. McGahn II, carried out the president’s orders and lobbied Mr. Sessions to remain in charge of the inquiry
.. Mr. McGahn was unsuccessful, and the president erupted in anger in front of numerous White House officials, saying he needed his attorney general to protect him. Mr. Trump said he had expected his top law enforcement official to safeguard him the way he believed Robert F. Kennedy, as attorney general, had done for his brother John F. Kennedy and Eric H. Holder Jr. had for Barack Obama.
..Mr. Trump then asked, “Where’s my Roy Cohn?” He was referring to his former personal lawyer and fixer
.. The president’s determination to fire Mr. Comey even led one White House lawyer to take the extraordinary step of misleading Mr. Trump about whether he had the authority to remove him.
.. a false statement that the president dictated on Air Force One in July in response to an article in The Times about a meeting that Trump campaign officials had with Russians in 2016. A new book, “Fire and Fury: Inside the Trump White House,” by Michael Wolff, says that the president’s lawyers believed that the statement was “an explicit attempt to throw sand into the investigation’s gears,” and that it led one of Mr. Trump’s spokesmen to quit because he believed it was obstruction of justice.
.. Some experts said the case would be stronger if there was evidence that the president had told witnesses to lie under oath.
.. Regardless of whether Mr. Mueller believes there is enough evidence to make a case against the president, Mr. Trump’s belief that his attorney general should protect him provides an important window into how he governs. Presidents have had close relationships with their attorneys general, but Mr. Trump’s obsession with loyalty is particularly unusual
.. Mr. Sessions told Mr. McGahn that career Justice Department officials had said he should step aside, Mr. McGahn said he understood and backed down.
.. The lawyer, Uttam Dhillon, was convinced that if Mr. Comey was fired, the Trump presidency could be imperiled, because it would force the Justice Department to open an investigation into whether Mr. Trump was trying to derail the Russia investigation.
.. Stephen I. Vladeck, a law professor at the University of Texas School of Law, called the episode “extraordinary,” adding that he could not think of a similar one that occurred in past administrations.
“This shows that the president’s lawyers don’t trust giving him all the facts because they fear he will make a decision that is not best suited for him,” Mr. Vladeck said.
.. Mr. Trump unloaded on Mr. Sessions, who was at the White House that day. He criticized him for recusing himself from the Russia investigation, questioned his loyalty, and said he wanted to get rid of Mr. Comey. He repeated the refrain that the attorneys general for Mr. Kennedy and Mr. Obama had protected the White House.
.. In an interview with The Times last month, Mr. Trump said he believed that Mr. Holder had protected Mr. Obama.
.. Holder protected the president. And I have great respect for that, I’ll be honest.”
.. The attorney general wanted one negative article a day in the news media about Mr. Comey, according to a person with knowledge of the meeting.
.. White House officials have said the letter contained no references to Russia or the F.B.I.’s investigation. According to two people who have read it, however, the letter’s first sentence said the Russia investigation had been “fabricated and politically motivated.”
.. the president said the attorney general had been disloyal for recusing himself from the Russia investigation, and he told Mr. Sessions to resign.
Mr. Sessions sent his resignation letter to the president the following day. But Mr. Trump rejected it, sending it back with a handwritten note at the top.
“Not accepted,” the note said.