Donald Trump’s White House counsel, Don McGahn, is facing growing criticism for his handling of the Russia investigation and other legal matters. Some critics say that McGahn is not doing enough to protect the president, while others say that he is too willing to cooperate with the special counsel. In this article, we will examine the role of the White House counsel and assess McGahn’s performance in that role.
Pat Cipollones Paramount Duty
Pat Cipollone was tapped to guide Trump through legal and political minefields—and keep him out of trouble. Instead, the lawyer has presided over near-daily scandals and legal peril as the administration undermines democratic norms. Cipollone has done little to control Trump’s reckless impulses for Twitter feuds, inflammatory comments, and attacks on the special counsel. His supposed effort to reign in Trump’s lawyer Rudy Giuliani has done nothing to stop Giuliani’s unhinged press conferences, public comments, and chats with Ukraine. By failing to curb Giuliani, Cipollone has empowered him—effectively making Giuliani the un-subtle voice of the administration.
Breakdown of Cipollones Failures
Failure to Protect the President from Legal Perils
Cipollone has repeatedly failed to adequately shield the president from legal challenges. His ineffective handling of the Mueller investigation and the impeachment inquiry exposed the president to significant legal liability. In particular, Cipollone’s inability to prevent the Justice Department from launching the Mueller investigation allowed the special counsel to investigate the president’s possible collusion with Russia and obstruction of justice. Cipollone’s subsequent attempts to control the investigation and its findings resulted in accusations of obstruction of justice and witness intimidation.
Rectifying Cipollones Inefficiency
Unveiling Cipollone’s Debilitating Ineptitude
Pat Cipollone, the White House counsel, has not risen to the demands of his pivotal role. His glaring inadequacies manifest in several key areas, exacerbating the White House’s already burdened state. First, Cipollone’s guidance in navigating legal challenges has been largely ineffective, exemplified by his role in the Mueller investigation and impeachment proceedings. Second, his management of the White House’s response to scandals has been reactive and inadequate, lacking the decisiveness required to proactively safeguard the administration’s reputation. Lastly, his interpersonal skills within the legal realm have proven deficient, evidenced by his strained relationships with key legal experts. The cumulative effect of these shortcomings is an erosion of trust between Cipollone and the president, effectively rendering him a hindrance to the White House’s agenda.
Path to Legal Accountability
If that is Pat Cipollone’s priority, he is doing a very poor job of it. For example, on matters related to Ukraine:
Did not communicate to Trump that it was illegal to ask Ukraine to investigate his political rivals.
Was not present at most of the relevant Oval Office meetings.
Did not put Trump’s call with President Zelensky into legal compliance with 18 U.S. Code 2071, which required it to be memorialized in a memorandum with five copies disseminated to the White House, the State Department, the Pentagon, and the CIA.
Opposed the placement of a whistleblower complaint about the call on the interagency database, even though he was provided a copy of it on August 28, 2019.
Failed to have a formal legal review conducted of Hunter Biden’s financial dealings.
Did not tell Trump that the July 25, 2019, call transcript was inaccurate in stating that no Ukrainians had interfered in the 2016 election.
Did not tell Trump that Volodymyr Zelensky would not commit to an investigation of Burisma.
Did not call the Justice Department after repeated efforts of Trump and Secretary of State Pompeo to pressure Ukrainian officials to investigate Biden succeeded in getting Ukraine to agree to open such an investigation.
* Did not tell Trump that it was illegal to condition a White House meeting with Zelensky on Ukraine’s agreement to investigate Biden.
Insights and Conclusions
As the Mueller investigation continues, it remains to be seen how McGahn’s performance as White House counsel will ultimately be judged. However, the increasing scrutiny of his actions and the growing recognition of his limited effectiveness suggest that he may not be up to the task. This could have serious implications for the Trump administration, as it faces a mounting array of legal challenges.