White House Lawyers Split Over Trump-Russia Investigation

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White House lawyer Don McGahn is greeted by Donald Trump, January 2017 (Al Drago/New York Times)

Lawyers Ty Cobb and Don McGahn clash over how much material to release to Special Counsel Robert Mueller’s team


Peter Baker and Kenneth P. Vogel write for The New York Times:


President Trump’s legal team is wrestling with how much to cooperate with the special counsel looking into Russian election interference, an internal debate that led to an angry confrontation last week between two White House lawyers and that could shape the course of the investigation.

At the heart of the clash is an issue that has challenged multiple presidents during high-stakes Washington investigations: how to handle the demands of investigators without surrendering the institutional prerogatives of the office of the presidency. Similar conflicts during the Watergate and Monica S. Lewinsky scandals resulted in court rulings that limited a president’s right to confidentiality.

The debate in Mr. Trump’s West Wing has pitted Donald F. McGahn II, the White House counsel, against Ty Cobb, a lawyer brought in to manage the response to the investigation. Mr. Cobb has argued for turning over as many of the emails and documents requested by the special counsel as possible in hopes of quickly ending the investigation — or at least its focus on Mr. Trump.

Mr. McGahn supports cooperation, but has expressed worry about setting a precedent that would weaken the White House long after Mr. Trump’s tenure is over. He is described as particularly concerned about whether the president will invoke executive or attorney-client privilege to limit how forthcoming Mr. McGahn could be if he himself is interviewed by the special counsel as requested.

The friction escalated in recent days after Mr. Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington steakhouse. Mr. Cobb was heard talking about a White House lawyer he deemed “a McGahn spy” and saying Mr. McGahn had “a couple documents locked in a safe” that he seemed to suggest he wanted access to. He also mentioned a colleague whom he blamed for “some of these earlier leaks”, and who he said “tried to push Jared out,” meaning Jared Kushner, the president’s son-in-law and senior adviser, who has been a previous source of dispute for the legal team.

After The Times contacted the White House about the situation, Mr. McGahn privately erupted at Mr. Cobb, according to people informed about the confrontation who asked not to be named describing internal matters. John F. Kelly, the White House chief of staff, sharply reprimanded Mr. Cobb for his indiscretion, the people said.

Mr. Cobb sought to defuse the conflict in an interview over the weekend, praising Mr. McGahn as a superb lawyer. “He has been very helpful to me, and whenever we have differences of opinion, we have been able to work them out professionally and reach consensus,” Mr. Cobb said. “We have different roles. He has a much fuller plate. But we’re both devoted to this White House and getting as much done on behalf of the presidency as possible.”

The Special Counsel, Robert S. Mueller III, is investigating connections between Russia and Mr. Trump and his associates, including whether they conspired to influence last year’s election. Mr. Mueller is also looking into whether Mr. Trump’s decision to fire James B. Comey, the F.B.I. director initially leading the investigation, constitutes obstruction of justice. He has asked the White House for emails and documents related to these matters, and Mr. Cobb has organized the requests into 13 categories, but officials would not describe them in more detail. So far, officials said the White House has not turned down any request.

Mr. Trump’s aides said they were scrambling to respond to the requests to avoid a subpoena that might make it look as if the White House was not cooperating. Mr. Cobb hoped to turn over a trove of documents this week, according to people close to the legal team.

Mr. Cobb argues that the best strategy is to be as forthcoming as possible, even erring on the side of inclusion when it comes to producing documents, because he maintains the evidence will show Mr. Trump did nothing wrong. Mr. McGahn has told colleagues that he is concerned that Mr. Cobb’s liberal approach could limit any later assertion of executive privilege. He has also blamed Mr. Cobb for the slow collection of documents.

Complicating the situation is that Mr. McGahn himself is a likely witness. Mr. Mueller wants to interview him about Mr. Comey’s dismissal and the White House’s handling of questions about a June 2016 meeting between Donald Trump Jr. and a Russian lawyer said to be offering incriminating information about Hillary Clinton.

Mr. McGahn is willing to meet with investigators and answer questions, but his lawyer, Bill Burck, has asked Mr. Cobb to tell him whether the president wants to assert either attorney-client or executive privilege, according to lawyers close to the case. Mr. McGahn could face legal jeopardy or lose his law license should he run afoul of rules governing which communications he can divulge. He did not respond to requests for comment.

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