Contract lawyer Deborah Pascual has penned an op-ed arguing against the use of a provision in the Contracting Act that would allow the President to hire and fire a contract lawyer to represent him in the future.
She argues that the provision, which was designed to ensure that the President’s lawyers had sufficient experience and experience in contract law to serve as his counsel during the negotiations for the upcoming National Defense Authorization Act, is a conflict of interest because the President has a conflict in that he can fire a lawyer who has served him in similar situations.
The President can fire her because he has hired a lawyer, Pascal argues.
That is, the President can make the hiring decision because the lawyer has represented him in his previous conflicts of interest situations.
“The President has the authority to fire a person, including his lawyer, who has been a partner in the law firm representing him,” Pascan said.
“The President cannot fire a partner, even a lawyer.
This is not a loophole to avoid accountability, but an obligation of the President and his counsel to the Constitution.”
Pascual argues that if the President is to fire her, she should be required to recuse herself from future cases, which would also remove her from representing him in cases involving his own lawyers.
The law firm, PASCUBA, has represented several former presidents and their family members in ethics matters, including George W. Bush, Bill Clinton, Joe Biden, George H.W. Bush and Joe Biden Jr. In her op-ad, Pescatella writes that her clients are the “most vulnerable of all the American families” and that the need for a rule barring the use or disclosure of her clients’ personal information is “unjustified.”
She writes that the law should be used as an “exercise in the most basic and basic ethics, to ensure the independence and integrity of the Presidency.”PASCUDA is also representing former President Bill Clinton’s lawyers, who were asked by the White House Ethics Office to resign from their positions in the wake of the Paula Jones scandal in 1993.
The law firm also represented Paula Jones in her divorce proceedings against Bill Clinton.
“I cannot imagine how anyone could be comfortable that a lawyer could represent President Trump while he is conducting his criminal investigation of the Clintons,” Pescalon said.
“The ethics code and its provision to recusal would be an essential component of an independent investigation that would determine whether there was any criminal conduct,” PASCUAL added.
“To allow this to happen would put President Trump in a position where he is unable to fully participate in any way with the administration, including the conduct of his criminal probe, and thus is vulnerable to potential obstruction of justice charges,” she said.
Pascalta’s opinion article is available here: https://www.theamericanconservative.com/opinion/daniel-pascual-on-the-trump-contract-lawyer-law-proposals/