The Other Wall Trump Hasn't Built

For his legal defense, the president has hired a few lawyers but lacks a powerhouse team.

- Matthew Philips

When news broke on Aug. 3 that Special Counsel Robert Mueller had begun using a grand jury in Washington to gather evidence related to his Russia probe, it appeared to catch the White House off guard. Although many news outlets were reporting the story, Ty Cobb, just four days on the job as the president’s lawyer, issued a statement saying he didn’t know about it, even as Jay Sekulow, another member of Trump’s legal staff, went on Fox News to say once again that the president himself wasn’t under investigation.

As Mueller adds experienced prosecutors and broadens his investigation, Trump’s legal team still appears disorganized and understaffed. An army of well-paid lawyers would help the president get in front of the investigation: preparing responses to allegations before hearing about them from prosecutors or reporters, anticipating where Mueller is going, and developing a counter narrative to stymie him. Junior staffers could spend all night researching case law or obstruction of justice and conspiracy statutes; they could be available at a moment’s notice to draft pleadings challenging Mueller’s requests to interview witnesses or gather documents.

Instead, Trump’s defense has been almost entirely reactive—responding to the latest bombshell report with uninformed statements by surrogates. The strategy adopted by those close to Trump, if not his legal team, has been to try to discredit Mueller’s investigation by pointing out potential conflicts of interest or political biases that may exist among his investigators. “I don’t get any sense that they’re trying to get ahead of anything,” says Don Goldberg, who worked in the White House Counsel’s Office during the Clinton administration. “You wonder about whether the top people at the White House really understand what they’re stepping into.”