Marc E. Kasowitz, a New York civil litigator who represented President Trump for 15 years in business and boasts of being called the toughest lawyer on Wall Street, has suddenly become the field marshal for a White House under siege. He is a personal lawyer for the president, not a government employee, but he has been talking about establishing an office in the White House complex where he can run his legal defense.
His visits to the White House have raised questions about the blurry line between public and private interests for a president facing legal issues. Mr. Kasowitz in recent days has advised White House aides to discuss the inquiry into Russias interference in last years election as little as possible, two people involved said. He told aides gathered in one meeting who had asked whether it was time to hire private lawyers that it was not yet necessary, according to another person with direct knowledge.
Such conversations between a private lawyer for the president and the government employees who work for his client are highly unusual, according to veterans of previous White Houses. Mr. Kasowitz bypassed the White House Counsels Office in having these discussions, according to one person familiar with the talks, who like others requested anonymity to discuss internal matters. And concerns about Mr. Kasowitzs role led at least two prominent Washington lawyers to turn down offers to join the White House staff.
Whether Mr. Kasowitz is having an effect on his client is unclear. He had advised Mr. Trump to ease up on his use of Twitter, and when Mr. Trumps account was quiet for nearly 48 hours last week around the time of Mr. Comeys high-profile Senate hearing, some speculated that Mr. Kasowitz was responsible. But Mr. Trump began attacking Mr. Comeys testimony on Friday morning, and he has defiantly told friends that despite his lawyers instructions, he has not changed his behavior.
As for Mr. Kasowitzs conversations with presidential aides, the White House Counsels Office typically supervises such discussions to make sure they understand their rights and do not feel pressured to help a lawyer who does not represent their interests, legal experts said. The counsels involvement is all the more critical in this case, they said, because many of the aides potential witnesses in the governments inquiry do not yet have personal lawyers.
Mr. Kasowitzs advice to administration staff may benefit the president more than the aides themselves, the experts said. The conversations Mr. Kasowitz has with aides could shape their testimony before Mr. Mueller has a chance to interview them, should they be called as witnesses.
Since asserting influence in the White House in recent weeks, Mr. Kasowitz has discussed establishing an office on White House grounds in the Eisenhower Executive Office Building, where much of the presidents staff works, according to multiple people familiar with the deliberations. Such an arrangement would have Mr. Kasowitz and his team frequently crossing paths with potential witnesses.
Source: https://www.nytimes.com/2017/06/11/us/politics/trump-lawyer-marc-kasowitz.htmlUnder ethics rules, Mr. Kasowitz could not interview any official who had hired a lawyer without that lawyers permission, meaning it would be in his interest if administration aides did not hire their own lawyers, experts said. It is probably easier for him to represent Trump if he doesnt have to deal with a bunch of other lawyers, Ms. Sherburne said, adding that she believed it was inappropriate for Mr. Kasowitz to discourage aides from hiring their own counsel.
Richard Painter, the White House ethics lawyer under President George W. Bush who now teaches at the University of Minnesotas law school, said that in a worst-case scenario, a staff member might listen to Mr. Kasowitzs advice and end up thrown under the bus.