Former WhiteHouse aide Cassidy Hutchinson has to be the Whistleblower of all time eclipsing even the combination of John Dean and Alexander Butterfield of Watergate fame. She gave the January 6 Investigation Committee a road map to Donald Trump’s sociopathic behavior on the day of the insurrection and the maneuvering that led up to it. Also her testimony kiboshed any argument as to Trump’s corrupt intent with regard to the coup which culminated in the January 6 insurrection.
However the whole episode brought to light the high cost of legal aid and litigation and the ability of the rich and the powerful to weaponize the legal system. There has been no one more adept at the perversion of the justice system than Donald Tump whose legal connections represent many of the witnesses to the January 6 committee.
The saga of Cassidy Hutchinson riveted the nation who are obsessed with legal dramas.The narrative also played into the myth that justice always triumphs.
AMERICA’S OBSESSION WITH LEGAL DRAMAS
The January 6 Public Hearings which had the aura of a court trial, albeit there was no cross examination, was the object of wide public interest. Like the McCarthy hearings of the 1950’s and the Watergate saga of the 1970's vast numbers of Americans tuned in. Americans are captivated with Court room and legal dramas. They convey the myth that the good guys always win in the end and have taken the place of the Western movies where the highly paid hired gun always is downed by the public servant sheriff good guy..
The night time viewership of the expose of the Congressional Committee’s Investigation into the Trump coup was twenty million which is equivalent to the audience of a Sunday Night Football game. Cassidy Hutchinson’s appearance garnered a record day time viewership of nearly fourteen million.
Part and parcel of the culture are endless TV soaps and a whole genre of movies that keep the nation enthralled. Celebrity trials such as the OJ Simpson drama which was televised live have held society spellbound as have seminal Legislative hearings. The depictions on the screens of all sizes bring warm fuzzies to the nation because their conclusions invariably reinforce the mantra that good conquers evil. But more of the American engrossment with court room productions and Congress hearings later.
So back to Cassidy’s encounters with the legal fraternity and Trump’s direction of the American landscape via it.
HUTCHINSON’S PLIGHT - FIND PRO BONO INDEPENDENT LEGAL REPRESENTATION
Ms. Hutchinson relayed to the sub committee of Congress her tortuous struggle regarding her search for legal representation. One of the nightmares anyone can face is litigation. Whether or not one finds oneself in circumstances where legal representation is needed, through no fault of one’s own or whether one has been wronged and requires redress, the costs can be ruinous.
The former WhiteHouse staffer had been witness to the central political upheaval of post civil war American history. As the January 6 enquiry proceeded she was more than aware that she would be subpoenaed sooner or later. Her financial situation was dire so she needed representation that would be pro bono or at very low cost - facts that she was upfront with. She was anxious not to have to rely on Trump world for aid as that would require her to stick to the Trump narrative. She subsequently testified that she feared of crossing him as she had seen what had happened to those that had dared.
CASSIDY DITCHED BY AN INDEPENDENT COUNCIL SO SHE HAS TO SEEK REFUGE IN TRUMP WORLD
Her frantic and prolonged search finally bore fruit. Alan White was a counsel at Silverman, Thompson, Slutkin and White with whom she felt comfortable. He agreed to represent her at no or minimal cost. For whatever reason, when the subpoena arrived White backed off. Well not really, the firm just asked for a hundred and fifty thousand dollar retainer, “as circumstances had changed”. (The firm by American standards is tiny with only forty three attorneys). So there she was subpoena in hand with only one option, the one she had dreaded, she had to rely on Trump world to give her the legal back up she needed to face her ordeal.
So enter one Michael Passantino, who had been Chief Ethics Lawyer in the Trump WhiteHouse, (no seriously, he had been). He had just been made a partner in a large legal firm Michael Best and Friedrich as their lead in their political law group. Michael Best LLC is based in the Midwest and their first Trump alum was Reince Priebus, Trump’s original Chief of Staff. They also added Justin Clark another member of the Trump administration. The legal firm has expanded with the advent of the Trump Administration. Their lobbying revenue has grown seven fold to over three million dollars. They also benefited directly from the Republican National Party to the extent of at least four hundred thousand dollars.
Now since it all hit the fan Passantino has been disowned, and has been put on leave from the Best firm. However he and Clark are partners in another Trump orbit legal firm, Elections LLC.
Election LLC was formed in February 2019 and has already had some pretty big accounts directed their way. From the get go it was paid by the Trump Campaign five hundred and sixty thousand dollars. It has also had several clients in the 2022 Midterms, including Majorie Taylor Greene, where they weren’t acting pro bono. They also represented Trump in challenging some County elections in Georgia.
There has to be a ton more and who knows who paid him for his representation of Ms Hutchinson because Counsel Passantino refused to inform her.
The entrapped young woman stated as she gave testimony as directed she could feel Trump leaning over her shoulder. She was instructed to answer, “I Do Not Recall” to questions that would implicate the tyrannical leader and his inner circle. “We just want to focus on protecting the President’, Passantino continued as he suborned perjury. “We all know you’re loyal. Let’s get you in and out and this day will be easy, I promise".
She was fearful of Trump’s omnipotence. Besides being President of the USA he had utilized the legal system as an ally in his nefarious career. So she went along. As her just released transcripts reveal, even under the guidance of Passantino, she partially voiced damning evidence. Her deviation from script was such that her pro bono pro Trump lawyer had to intervene and clarify what she really meant.
Nevertheless she couldn’t look at herself in the mirror after her initial testimony. When she heard from other witnesses that questions pertaining to her were coming up she knew that she had not been believed. She needed the cavalry to come and rescue her. They did as they always do but that must wait to be discussed below. First to relay why Cassidy feared Trump vis a vis his utilization of the legal system for control and terror.
DONALD TRUMP AND THE LAW AND THE MYTH OF THE TRIUMPH OF JUSTICE
All this would be irrelevant if the whole of America weren’t engrossed in legal dramas and this one involves the Forty - Fifth President of the United States, a former TV star, someone in the public eye for half a century and probably the biggest weaponizer of the legal system in the history of mankind. It is fair comment to say that The Donald was the best known personality in America. Now Trump was alleged to have engineered the first ever coup in an attempt to remain in power. Unlike Cassidy Hutchinson with him money was no object. The problem for those who sue him and whom he sues is the fact that he uses endless resources to run out the clock and his opponents check book.
Donald Trump’s legal strategy was influenced by Roy Cohn a notorious lawyer who had been chief counsel in the equally notorious McCarthy hearings, which were twentieth century witch hunts. He met Cohn in a bar and regaled him with the fact that he and his father were being charged by the Federal Government for discrimination against African Americans in their rental practices. Cohn, responded “Tell them to go to hell!”.
Cohn then outlined his modus operandi,; “Never admit defeat; Never surrender: Counter Sue : Lie and Attack: Publicity no matter what and Win no matter what”. Cohn had an avid pupil as history has shown. Trump has used his financial power and his charisma to win battles he should have lost and declare victory when the decision was otherwise, All this resulted in him being involved in litigation a staggering four thousand times in the next four decades either as a plaintiff or as a defendant.
Cassidy's financial struggle to obtain legal representation brought into sharper focus Donald Trump’s life long manipulation of the judicial system. For example, vendors who claimed payment could be countersued for a poor job, doubling their legal expenses.
Cohn’s pupil had became the master. It also laid bare the impotence of the Justice machinery in that Trump’s fifty year satanic history had proceeded without him being criminally convicted of a single crime - If anything is an indictment of the system of Justice in America that is.
None of this reality is portrayed in "LA Law" or “A Few Good Men”.” Erin Brockovitch" is the portrayal of a legal clerk staring Julia Roberts who went on to win an Oscar for her leading role as the activist legal clerk. She persevered against all odds and won against the polluting company. In fact the reason they made a movie about Erin Brockovich is because the outcome is so rare. Notwithstanding the rarity, the story reinforces the myth that through Justice good always conquers evil. The episode depicts an exceptional instance of real life as most disputes never even reach the court let alone a decided trial. Such unusual victories should occupy a place in the Smithsonian Museum where a special section should be dedicated to similar outcomes.
There are exceptions to the rule. A lawyer may take a brief on a contingency basis. There she only charges for expenses and then if she wins she gets a cut, up to thirty three percent of the monetary award. It stands to reason these attorneys only accept case where the deck is stacked in their favor. Thus you will see adverts on TV for litigation against doctors or injury claims. Many of these litigations are meritorious but often they are concocted on the most cynical bases. The lawyers look at the outcome. If some one dies there must be something in the record that some expert will argue that was negligence or not "standard of care". Health care systems have become wary and often settle for a few hundred thousand dollars rather than face the high cost of litigation and the possibility of a large pecuniary award.
Another exception is a class action suit where attorneys represent a large number of litigants who have been wronged such as in Trump’s University fraud. Class action litigation, more often than not is meritorius. Again this is almost always on a contingency basis.
So bottom line what can this run an individual into? Cassidy Hutchinson, who was not a litigant or an accused, just a witness, was asked for a hundred and fifty thousand dollar retainer so that could shed some light as to the potential outlay of litigation.
So What is it with America and their lawyers?
LEGAL PROFESSION IN AMERICA PROHIBITIVE TO ORDINARY INDIVIDUALS BUT CASSIDY FINALLY HITS THE JACKPOT
America has one million three hundred thousand lawyers. That is one for every thousand people. There are said to be eighty thousand registered in Washington. (That number is double the number of lawyers in France). The large firms have up to a thousand lawyers and they bill by the hour. Their offices put bank foyers to shame. There are an increasing number of lawyers that bill up to two thousand dollars per hour. All the firms do “Pro Bono”work. However they all report these in hours. So the amount has to be infinitismal compared to overall revenue.
So let us say you want to sue Donald Trump for payment. This will be the beginning of a long process that could push your finances to the limit. With Tump there will be the counter suit. There are the pretrial depositions, court filings and the like. If the other side has money well and good Trump might settle in the end and claim victory as he did with the students in his fake University.
If you look at Cassidy Hutchinson she was a good candidate for “pro bono” work for the legal firm that finally became the cavalry. Jody Hunt was Jeff Sessions counsel. Sessions was Trump’s Attorney General who he fired because he had recused himself from the Russia investigation. Four attorneys pitched up for Cassidy’s remedial depositions. There had to be hours of preparation, checking of facts, possible corroborative depositions and finally sitting behind her at the hearing. Then Cassidy needs representation for Justice Department enquiries, interviews and having her counsel at the ready while she is in Grand Jury proceedings. Conservatively a hundred hours times four attorneys at least a thousand dollars an hour for a hotshot Washington firm, equals four hundred thousand dollars.
So back to the ordinary individuals, even at the average non high powered Washington attorneys at two to three hundred dollars per hour (A lot more than the plumber!), - soon you are talking real money. You can control your costs but if the other side wants to depose twenty witnesses your lawyer has to prepare for them and sit through four hours at least of billable hours and stenographer fees.
A Judge in Arizona ordered Kari Lake, the only remaining true Trump political cult member, who appealed her loss for Governorship, to refund her opponent thirty three thousand dollars for expert witness fees. Let that sink in just expert witness fees not in Washington but Arizona.
JUSTICE TRIUMPHS ONCE AGAIN!
This story ends the way it is supposed to. At least for the majority of Americans who believe that Trump engineered a sustained and prolonged Coup attempt.
Not only did the young aide give first and second hand testimony on Trump’s state of mind she overheard him screaming at the Security detail, “I don’t fucking care that they have weapons, they’re not here to hurt me, Take the fucking mags, (Magnetometers) away. Let my people in. They can march to the Capitol from here; let the people in and take the mags away”.
That with her first hand conversation with Trump’s consiglieri Rudi Giuiliani, as to what was going to happen on January 6, “We’re going to the Capitol, it’s going to be great. The President’s going to be there. He’s going to look powerful. He’s going to be with the senators. Talk to the chief, (Mark Meadows) about it” Which she did and he confirmed that on January 6, “…Things might get real real bad”.
Added to that Trump harangued at the Ellipse, “…. And after this, we’re going to walk down, and I’ll be with you.. Because we will never take back our country with weakness…” The coup de gras was her graphic second hand account of being told that Trump had a physical altercation with his security minders who refused to take him to the Capitol. A story she is sticking too and which her informants are unable “to recall”.
AT THE END OF THE DAY
All's well that ends well. Cassidy to her relief could tell the real story with the protection she needed. The rest is history. (BLOG: The Fairy Tale of Cassidy Hutchinson and the Wicked President”).
America can once again be convinced that at the end of the day good always triumphs over evil in the Justice system.
Jay H. Ell is more than mindful and aware that the legal profession has many ethical practitioners who provide professional assistance to their clients. There are many not for profit agencies who also help but understandably are not available for common every day issues. Public defenders are appointed, under varying circumstances depending on the States they reside, for those facing criminal complaints.
Jay H.Ell is not alone in noting the influence powerful legal firms and their clients have over society and the legal system. Ralph Nader and Wesley Smith authored, in 1996, a scathing expose entitled, “No Contest - Corporate Lawyers and Their Perversion of Justice.” They are but a few of many that have pointed out the injustice of justice.
At this point in tine the enormity of the Cassidy Hutchinson story has not penetrated the punch drunk American society. Jay H. Ell cannot wait for the tv series and the movies that will follow when this is all over.
Just in passing unsure why Trump and "GOP" are so angry at his tax return release. He said he would release when the audit was finished. Well it is"finished".
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