Ted Olson to Donald Trump: Thanks, But No Thanks
No, Gibson Dunn's Ted Olson won't be representing POTUS. But what's really shocking is how hard it's become for Trump to attract any prominent, establishment attorney.
March 21, 2018 at 10:24 AM
5 minute read
The original version of this story was published on Litigation Daily
For a fleeting moment on Tuesday, the legal world contemplated the prospect of Ted Olson joining Donald Trump's team of lawyers on the Russia investigation.
The collective reaction—think Edvard Munch's “The Scream”—underscores just how difficult it would be for the president now to attract a big-name, establishment litigator.
As “Above the Law” executive editor Elie Mystal opined, “There is literally nothing to gain for ANY respected lawyer from working for Trump, much less one as respected as Ted Olson.”
Which considering we're talking about the president of the United States, is a remarkable statement indeed.
The Washington Post on Tuesday reported that Trump senior adviser Kellyanne Conway recommended hiring the Gibson, Dunn & Crutcher partner, and that the president was “supportive of the idea.”
Her recommendation seems plausible. Conway, who is married to Wachtell, Lipton, Rosen & Katz litigator George Conway III, would know good lawyers, and Olson is one of the best.
But within two hours, Olson's colleague Theodore Boutrous shut down the speculation, tweeting, “I can confirm that @gibsondunn and Theodore B. Olson will not be representing @realDonaldTrump.”
Because conflicts. Yeah that's it, too many conflicts. Darn.
And of course there are conflicts—For instance, Boutrous represents Fusion GPS, the company behind the Steele dossier.
Then again, perhaps if Olson really wanted to join Trump's team, he could have pulled a Ty Cobb and left the firm. (In July, Cobb quit his partnership at Hogan Lovells to represent Trump.)
But as the collective denizens of Twitter pointed out, why in the world would Olson want to do that?
A sampling:
“Is Ted Olson considering ending his career in disgrace and accepting Trump's offer?” tweeted civil rights lawyer John Hergt.
“I can't imagine why Ted Olson (or any good lawyer, really) would want to have Trump as a client. Impossible to control, makes his lawyers look like fools, doesn't pay his bills. Pass” tweeted Greg Lipper, a trial and appellate litigation partner at Clinton Brook & Peed.
“Would be disappointing if Ted Olson joined Trump's team. As long as Trump's survival strategy depends on tearing down the institutions that uphold the rule of law, you can't represent him without being complicit,” tweeted Matthew Miller, the former DOJ spokesman.
“I don't agree with Ted Olson's views, but he's too much of a class act to represent Trump,” tweeted Victor Li of the ABA Journal.
“I'd have been very surprised if Ted Olson had taken on a client like Trump. He's a criminal attorney's worst nightmare. Doesn't listen, doesn't follow instructions, thinks he's the smartest guy in the room. No upside to representing him – can you even be sure you'll be paid?” tweeted lawyer K Helzer.
“We've done battle in court, Ted, and you and Ted Olson are formidable, serious attorneys. Unsurprised you wouldn't want to join the Trump clown lawyer show,” tweeted lawyer James Moo.
“Ted Olson is an A-list lawyer who doesn't need the work or the aggravation. Good luck convincing him to defend a pathological liar who doesn't pay his legal bills,” tweeted author Molly Knight.
You get the idea. It's not just that people don't like Trump or his policies. What seems unforgivable is that he's also proven to be such a bad client.
Still, if you take a step back, it's a truly bizarre state of affairs. No one wants POTUS as a client?
OK that's not entirely true. Lawyers like Larry Klayman are dying to represent him. While I don't usually see eye-to-eye with the founder of Judicial Watch and Freedom Watch, Klayman's observations here are on point.
“The lawyers of the president—Ty Cobb, Jay Sekulow and John Dowd … they want to keep their standing, they want to play the game the way it's always been played,” Klayman said on his podcast. “You've got to have guts. Most lawyers won't do that because they don't want to jeopardize their standing in the Washington, D.C. legal community or legal communities around the country.”
He continued, “This is not something that you take lightly. It takes a very particular type of person to do it.”
That's for sure.
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