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Now, I’m not saying he never listens to a lawyer. I suppose that if a lawyer were to say to him, “If you do X, you’re almost certainly going to land in jail for the rest of your life,” you know, the president might pay attention to that. But overall, the sense that you have is that the president doesn’t have any appreciation of the professional responsibility of the lawyer to advise him as an independent professional, which means just by definition the lawyer can’t give the president what he wants. It’s not bona fide legal advice if it’s tailor made to the president’s wishes. In your column, you compared the president’s personal lawyer, Michael Cohen, who couldn’t say no when he was asked to deflect and lie for the president, to Don McGahn, who refused when he was asked to put out a false statement about Robert Mueller’s possible firing, which he was evidently asked to participate in. Is that a function of who those people are or is that a function of their role as lawyers, one as a personal lawyer for the president and one who answers at some level to the responsibilities of being White House counsel? Without speaking to how Michael Cohen views his job, because I don’t know Michael Cohen, I would say the problem occurs on two levels. The first is that even a lawyer to someone in their personal capacity has to draw certain limits—has to be prepared to say no. And then the second problem is managing the pressures from somebody who doesn’t understand the role of a lawyer and not yielding to that client’s demand for a “yes” answer. In McGahn’s case, he has to meet the additional requirement of being a public servant. Michael Cohen isn’t. Although again, even as a personal lawyer it’s not as if Cohen is entitled to throw everything out the window to get the president what he wants. The canon of ethics certainly call on lawyers to be zealous in the representation of their clients, but there are canons.
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