H2O Man
H2O Man's JournalA Fly in the Ointment
I'll start by saying I have great respect for good lawyers. Over the decades, I've had the opportunity to work with a number of outstanding lawyers on both criminal and civil cases, in state and federal courts. I have some cousins who practice law. And one of my daughters currently works in a law office.
I also like many “average” lawyers. They do a lot of important work. And it definitely takes intelligence and self-discipline to earn a law degree and be admitted to the bar. It's a tough job, and thus many individuals with a law degree end up not practicing law.
That brings us to Michael Cohen.
My brother has said that one in ten lawyers graduated in the bottom 10% of their class. In Cohen's case, we can agree that one in a hundred graduated in the bottom 1% of their class. Hence, while Cohen must have a degree of intelligence, and had some self-discipline, he ended up working for Trump, though not as Trump's lawyer.
Since the FBI raided Cohen's home, office, etc, and confiscated literally millions of documents and recordings, it is commonly recognized that Cohen is in dire legal trouble. It's safe to say that Cohen's troubles are likely to create serious legal problems for Donald Trump. So let's take a look at the nature of their relationship.
Trump, being a sociopath, only has relationships based upon how useful an individual can be to him. This includes his seeking to identify the individual's weak points, to exploit as needed. Cohen has more than a few weak points, but let's focus upon his adolescent need for a hero/ father-figure. Cohen, in this sense, demonstrates the same level of maturity that a 13-year old boy displays when thinking that wearing a Michael Jordan jersey will improve his game.
Trump exploited this tendency. He encouraged Cohen's adolescent identification with television and movie “tough guys,” in order to get Cohen to willingly inhabit the muck and mire of Trump's business interests. Cohen, as federal investigators have documented, even told friends that he was “connected” to the Russian mob. He fancied himself as the new Roy Cohn. He even believed that he was part of the family, Trump's adopted son.
Existing in this delusional state caused Cohen to believe that, like on a cheap movie, everything he did for Trump was “protected” in the context of attorney-client communications. Thus, his education in the legal field resulted in his keeping extensive records of his work for Trump, including with shady characters and illegal activities.
Cohen was confident his experience in the gutter would insure a major position within Trump's administration. He was so sure of this, that he actually said that Trump should not bring Jared and Ivanka into the White House. Not surprisingly, those two advised Trump to not bring Cohen to Washington, though he was unlikely to anyhow. Trump wanted to keep the janitor of the gutters out of public view, other than appearances on Sean Hannity's show.
When the shit hit the fan in April, Cohen thought his legal team's coordinating with Trump's on the documentation the FBI gathered, meant they were on the same team. The Trump team had already been covering much of Cohen's legal expenses. So Cohen was willing to lie to his own lawyers, in a pathetic attempt to protect Trump. He didn't grasp that there was a divide between who the two legal teams were representing.
In time, it began to dawn on Cohen that this was not reel life, and that in real life, he was in serious trouble. When Trump's legal team became fully aware of the documentation that the FBI had secured for the SDNY federal investigators, the “father-son” relationship fractured. Perhaps Cohen recalled the line from the movie “Braveheart,” when the mad Irishman tells William Wallace that “the Lord says he might get me out of this, but I think you're fucked.”
Part of the reason Cohen is separating from his legal team is because he can't pay them. But it's more than that. Good lawyers generally do not appreciate clients that lie to them. Or clients who beg them to keep Sean Hannity's identity secret in federal court, for that matter. Indeed, the only way for a good lawyer to represent Cohen at this point, is to try to secure the best deal possible for him. And even that will be difficult --- for what might Cohen's team use as a proffer to investigators and prosecutors, that they haven't already documented through the FBI raid and previous surveillance ?
Friday should prove interesting, both for Cohen and Paul Manafort.
Peace,
H2O Man
Showdown
“Remember, the best defense is a hellova offense, and catching your opponent coming into your strength always results in that man being hurt.”
Rubin “Hurricane” Carter; Thursday, September 27, 1973; 3:35 pm
There is a showdown coming in America. The “main event” features Robert Mueller versus Donald Trump, of course, in a battle that represents a much larger conflict raging within our country. As the tension builds, we see Trump engaging in an increasingly out of control attack on Mr. Mueller, which reminds me of the above line from one of Rubin's letters advising me on boxing strategy 45 years ago.
The majority of the crowd gathered for the fight favor Mr. Mueller. They see Trump as more than just an obnoxious blowhard: they recognize him as a toxic threat to our constitutional democracy. They see a cheap, dirty fighter – willing to break any rule – who is as controlled by the mob as in boxer was in history. Only this time, it's the Russian mafia calling the shots.
They have seen that many “officials” – with the republicans in the House and Senate serving in roles similar to a boxing commission and referee – are unwilling to enforce the rules. Instead, they reward him for his flagrant fouls. In this case, though, it has to do with the Rule of Law, and their failure to address Trump for his openly corrupt behaviors.
Thus, unless Trump's corner throws in the towel, saying their guy has had enough, and has lost this fight by TKO, the majority of Americans have to hope that the judges – in this instance, federal court judges – render a just decision in favor of Mr. Mueller.
There is also, of course, a minority of Trump fans watching the bout. They view Trump as a hero, and their champion. They would prefer that the fight be called off before it actually starts, and Trump be declared the winner. Being unfamiliar with the rules, they support any dirty tactic Trump resorts to, and every crime he commits. They threaten the commissioner and referee for even considering enforcing the Rule of Law, in terms of their next primary. Republicans court and fear these unstable “fans.”
Despite the fact that the outcome of the fight will likely go to the scorecards of the judges – most of whom were appointed by the republican commission – the Trump fans are not going to accept it, if their decision goes against Trump. In their minds, the federal courts will be viewed as part of the “deep state.” It's a plot, don't you know.
Trump's fans do not allow “facts” to interfere with their perceptions. And it is a fact that Trump has not been wildly successful in the court system, be it with his “university” or his Muslim travel ban. He will face far more significant and humiliating defeats when the judges announce their decisions in the Trump vs Team Mueller competition.
Now, I'm familiar with more than boxing. In the past decade, for example, I've witnessed a stark increase in “fans” acting out – sometimes violently – at a variety of school sports competitions. The two things that have led to the majority of violent outbreaks have been when one of their players gets called for a foul, or when a non-white athlete on the opposing team scores points. These have resulted in fights in the stands, and in parking lots. There have been men and women taken away in handcuffs. There was even what law enforcement has called a riot, in a small town where local police had to call for back-up from county and state police.
Not all republicans will be upset when Trump loses his attempts to avoid speaking with Team Mueller. It appears likely that he'll continue to avoid doing so, and will thus get an invitation from the grand jury. His legal team will try fighting that, and lose. It's possible Trump will still refuse. But, either way, he won't survive long. And, at that point, fewer republicans will support him.
Those who will still support him are largely of the same stock as those who start fights at high school sports or boxing matches. Their actions are rooted in emotions, as opposed to the intelligence required to engage in rational thought. In the deep recesses of their minds, they will view the Rule of Law as a threat to the Constitution and Old Glory. This is largely due to their never reading more than the Second Amendment, and mistaking a piece of cloth for the concepts it symbolizes. In Freudian terms, they are the American Id.
Expecting these sad people to behave beyond impulse would be like expecting your dog to meow, or your cat to bark, or Trump to be honest. It's not in their nature. Yet they remain a minority. There are more of us, than there are of them. Some are at the Ego level, and others represent the Super Ego. Thus, it's a matter of combining those two forces, and not just come November. We need to be more than silent spectators of this fight. And that requires the best efforts of every individual.
Peace,
H2O Man
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