Donald Trump has a history of using questionable lawyers to his advantage. From the disbarred Roy Cohn to fixer (and felon) Michael Cohen, Trump used lawyers as a tool to expand his empire.
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As president, he used unethical lawyers like Rudy Giuliani and John Eastman to carry forward schemes to hold onto power. Even when those lawyers got into trouble, Trump has managed to avoid serious consequences.
But now Trump's attorneys have managed to help him get into a legal jam the likes of which he has never faced. Whether out of incompetence or a desire to please their notoriously rules-averse client, they have committed a series of unconscionable errors that turned the government's document recovery effort into an ongoing criminal investigation of the former president that could result in an unprecedented criminal indictment. Monday's ruling by a judge agreeing with Trump's request to appoint a third party to review the documents might look like a win, but it is a limited response to a catastrophe that they could have avoided.
What is almost as shocking as the jeopardy Trump now faces is how easily it could have been avoided with even a modest amount of competent legal advice. Obviously, a lot of this is Trump's own doing. He is ultimately responsible for the decision to bring tens of thousands of government documents — many of them highly classified — to his country club home in Palm Beach. But one reason lawyers have jobs is because their clients have already made poor decisions. A good attorney quarterbacking this situation for Trump would have prevented those bad decisions from compounding by ensuring his residence wasn't searched and negotiating a deal to avoid any risk of criminal charges.
Trump's lawyers' performance here is a case study in poor defense. Instead of cooperating with the government to negotiate the return of its records when this was a civil matter, Trump's team produced boxes of haphazard records that contained classified documents that were not organized and did not appear to have been reviewed or cataloged prior to production. Once a criminal investigation was open, instead of negotiating a deal with DOJ, Trump's lawyers lied to the Feds and made themselves witnesses (and potentially subjects) in the criminal investigation, making criminal charges against Trump more likely.