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Guess what? White House counsel Don McGahn is beginning to grow on me. Sure, I've accused him of being an ethics disaster, a ruthless careerist and a dreadful, awful White House counsel. But I now realize that he's so much more.

For starters, he's emerging as one of the smartest—if not the smartest—lawyer in President Donald Trump's orbit. I mean, he's definitely more lawyerly and normal than Rudy Giuliani, Michael Cohen or Marc Kasowitz.

But before we get into my latest fascination with McGahn, let's pause to consider some of the revelations in The New York Times article that detailed how McGahn “cooperated extensively” with special prosecutor Robert Mueller's investigation into the Russian probe. I won't go into what's been widely covered, so permit me to tell you what jumped out at me from The Times' piece:

  • First, isn't it adorable that McGahn calls Trump “King Kong” behind his back? The Times says he gave Trump the moniker “to connote his volcanic anger.” I bet Trump has his own nickname for McGahn, and it's far more vivid.
  • Second, wasn't it generous of Trump to give McGahn the top White House legal job even though McGahn went to a no-name law school? “His lack of a degree from a top law school bothered Mr. Trump,” reports The Times. McGahn got his law degree from Widener Law Commonwealth, which is ranked No. 143 in U.S. News & World Report. (Hey, at least it's ranked!)
  • Third, how refreshing that Trump's original lawyers (John Dowd and Ty Cobb) for the Mueller probe were so uncynical. They decided to cooperate fully with Mueller, allowing him to interview McGahn, because they thought it would bring a speedy end to the investigation. Apparently, “They took Mr. Trump at his word that he did nothing wrong and sold him on an open-book strategy,” according to The Times.

We can analyze the wisdom of Dowd and Cobb's tactics until the cows come home, but let's get back to McGahn. You'll have to read the entire Times article to understand how McGahn and his lawyer William Burck decided to cooperate with Mueller, but the bottom line is this: They feared that Trump would throw McGahn under the proverbial bus.

Despite what Giuliani has said, no one knows for sure what McGahn told Mueller. The only thing that's coming out loud and clear is that neither Trump nor McGahn trusts/likes/respects each other. Which leads to this overwhelming question: Why is McGahn still at the helm of the White House counsel's office? I mean does he really need to work for King Kong?

I think McGahn is hanging on for two reasons. First, he's trying to make himself over as un-Trumpian so that he can appear more palatable to the outside world should he need a job. Even without Trump tossing him to the wolves, McGahn's fingerprints can be spotted on some of the administration's more unsavory episodes—like his decision to ignore Sally Yates' warning about Michael Flynn. Don't get me started.

Second, I think McGahn loves the job—namely, the way he gets to play God. Like U.S. Attorney Jeff Sessions, the other thorn in Trump's side who won't quit, McGahn is wielding powers beyond his wildest dreams. By all accounts, he's the decider on U.S. Supreme Court nominees, and he's credited with the smooth confirmation process for Neil Gorsuch. And, now, of course, he's overseeing Brett Kavanaugh's nomination to the high court.

Of the two theories as to why McGahn won't quit his job, I tend toward the power theory. Despite getting sullied by his role in the Trump administration, McGahn can probably go back to his former firm Jones Day anytime. (Elie Mystal of Above the Law has some keen insights on this.) Everyone knows that Trump is a handful, so who's going to hold his minions accountable?

So, it's the power that must be intoxicating to McGahn. After all, how often does a graduate of Widener Law School get to sit in judgment of top Harvard or Yale law school alum vying for a SCOTUS spot and decide the fate of a nation?

 

Contact Vivia Chen at [email protected]. On Twitter: @lawcareerist