Career of Trump's Top Ethics Lawyer Marred by Questionable Ethics
Don McGahn is a "vociferous defender" of Citizens United, among other things
The attorney named as President-elect Donald Trump's White House counsel, Donald McGahn, has been called "kryptonite to campaign finance reform," "a totally partisan politico," and "notorious for politicizing and crippling enforcement of federal campaign finance laws."
Indeed, journalist Jon Schwarz wrote at The Intercept on Sunday that McGahn "bears as much responsibility as any single person for turning America's campaign finance system into something akin to a gigantic, clogged septic tank."
As one of six members of the Federal Election Commission (FEC) from 2008-2013, McGahn "demonstrated a much stronger interest in expanding the money-in-politics swamp than draining it," Common Cause vice president Paul S. Ryan told Schwarz.
As the Center for Public Integrity reported in May, when McGahn was merely serving as an adviser to the Trump campaign:
McGahn was "perhaps the most consequential member of the FEC in its history," said Jan Witold Baran, a well-regarded Republican election lawyer and co-chairman of the election law and government ethics practice at law firm Wiley Rein. Baran said McGahn checked the authority of the agency's staff and general counsel and used his experience as a lawyer representing clients to win rights for political committees under the FEC's jurisdiction, including those the commission is investigating.
FEC Commissioner Ellen Weintraub, a Democratic appointee, who frequently clashed with McGahn while both were on the commission, sees it differently.
"He was consequential like a sledgehammer was consequential," she said, adding, "he did his best to undermine the law."
"Now, as Trump's White House lawyer, McGahn will provide crucial advice on the nomination of judges, including to the Supreme Court," Schwarz noted. "While Trump has criticized Citizens United, and called the Super PACs that sprang up in its wake 'horrible' and a 'total phony deal,' McGahn is a vociferous defender of the ruling."
As White House counsel, McGahn will also be tasked with managing and mitigating Trump's many conflicts of interest and potentially establishing a trust to manage the president-elect's business holdings.
In other words, USC Annenberg School for Communication and Journalism professor Marty Kaplan wrote last week, "If a U.S. foreign policy decision appears to favor a Trump commercial project, it's McGhan's job to blow the whistle on the president."
"If you think that's going to happen," Kaplan quipped, "I've got a golf course with a nice view of a wind farm that I'd like to sell you."
He's already shown he's not up to the job, Arn Pearson of the Center for Media and Democracy wrote just before McGahn was officially named as counsel:
Either McGahn is giving bad advice that Trump can do as he pleases, or Trump isn't listening. Over the past few days, Trump has mixed business and politics in shocking ways, holding meetings with business partners from India and Argentina about developments branded with the president-elect's name in the midst of accepting visits from foreign dignitaries and selecting his cabinet.
Those scenes are all too reminiscent of [former McGahn client Tom] DeLay's fast-and-loose dealings, when the congressman faced pay-to-play allegations involving Jack Abramoff and Russian oil executives while being defended by McGahn.
Given McGahn's past performance, and Trump's flouting of the post-Watergate ethical norms followed by presidents for the past 40 years, the incoming administration may well be ensnared in serious ethics scandals of its own making by the time Trump is sworn in.
Or as Craig Holman of Public Citizen told The Intercept: "The selection of McGahn to be the chief ethics cop strongly suggests the new administration is likely to be scandal-ridden and eventually perceived by the public as business as usual."
Urgent. It's never been this bad.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just hours left in our Spring Campaign, we're still falling short of our make-or-break goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
The attorney named as President-elect Donald Trump's White House counsel, Donald McGahn, has been called "kryptonite to campaign finance reform," "a totally partisan politico," and "notorious for politicizing and crippling enforcement of federal campaign finance laws."
Indeed, journalist Jon Schwarz wrote at The Intercept on Sunday that McGahn "bears as much responsibility as any single person for turning America's campaign finance system into something akin to a gigantic, clogged septic tank."
As one of six members of the Federal Election Commission (FEC) from 2008-2013, McGahn "demonstrated a much stronger interest in expanding the money-in-politics swamp than draining it," Common Cause vice president Paul S. Ryan told Schwarz.
As the Center for Public Integrity reported in May, when McGahn was merely serving as an adviser to the Trump campaign:
McGahn was "perhaps the most consequential member of the FEC in its history," said Jan Witold Baran, a well-regarded Republican election lawyer and co-chairman of the election law and government ethics practice at law firm Wiley Rein. Baran said McGahn checked the authority of the agency's staff and general counsel and used his experience as a lawyer representing clients to win rights for political committees under the FEC's jurisdiction, including those the commission is investigating.
FEC Commissioner Ellen Weintraub, a Democratic appointee, who frequently clashed with McGahn while both were on the commission, sees it differently.
"He was consequential like a sledgehammer was consequential," she said, adding, "he did his best to undermine the law."
"Now, as Trump's White House lawyer, McGahn will provide crucial advice on the nomination of judges, including to the Supreme Court," Schwarz noted. "While Trump has criticized Citizens United, and called the Super PACs that sprang up in its wake 'horrible' and a 'total phony deal,' McGahn is a vociferous defender of the ruling."
As White House counsel, McGahn will also be tasked with managing and mitigating Trump's many conflicts of interest and potentially establishing a trust to manage the president-elect's business holdings.
In other words, USC Annenberg School for Communication and Journalism professor Marty Kaplan wrote last week, "If a U.S. foreign policy decision appears to favor a Trump commercial project, it's McGhan's job to blow the whistle on the president."
"If you think that's going to happen," Kaplan quipped, "I've got a golf course with a nice view of a wind farm that I'd like to sell you."
He's already shown he's not up to the job, Arn Pearson of the Center for Media and Democracy wrote just before McGahn was officially named as counsel:
Either McGahn is giving bad advice that Trump can do as he pleases, or Trump isn't listening. Over the past few days, Trump has mixed business and politics in shocking ways, holding meetings with business partners from India and Argentina about developments branded with the president-elect's name in the midst of accepting visits from foreign dignitaries and selecting his cabinet.
Those scenes are all too reminiscent of [former McGahn client Tom] DeLay's fast-and-loose dealings, when the congressman faced pay-to-play allegations involving Jack Abramoff and Russian oil executives while being defended by McGahn.
Given McGahn's past performance, and Trump's flouting of the post-Watergate ethical norms followed by presidents for the past 40 years, the incoming administration may well be ensnared in serious ethics scandals of its own making by the time Trump is sworn in.
Or as Craig Holman of Public Citizen told The Intercept: "The selection of McGahn to be the chief ethics cop strongly suggests the new administration is likely to be scandal-ridden and eventually perceived by the public as business as usual."
The attorney named as President-elect Donald Trump's White House counsel, Donald McGahn, has been called "kryptonite to campaign finance reform," "a totally partisan politico," and "notorious for politicizing and crippling enforcement of federal campaign finance laws."
Indeed, journalist Jon Schwarz wrote at The Intercept on Sunday that McGahn "bears as much responsibility as any single person for turning America's campaign finance system into something akin to a gigantic, clogged septic tank."
As one of six members of the Federal Election Commission (FEC) from 2008-2013, McGahn "demonstrated a much stronger interest in expanding the money-in-politics swamp than draining it," Common Cause vice president Paul S. Ryan told Schwarz.
As the Center for Public Integrity reported in May, when McGahn was merely serving as an adviser to the Trump campaign:
McGahn was "perhaps the most consequential member of the FEC in its history," said Jan Witold Baran, a well-regarded Republican election lawyer and co-chairman of the election law and government ethics practice at law firm Wiley Rein. Baran said McGahn checked the authority of the agency's staff and general counsel and used his experience as a lawyer representing clients to win rights for political committees under the FEC's jurisdiction, including those the commission is investigating.
FEC Commissioner Ellen Weintraub, a Democratic appointee, who frequently clashed with McGahn while both were on the commission, sees it differently.
"He was consequential like a sledgehammer was consequential," she said, adding, "he did his best to undermine the law."
"Now, as Trump's White House lawyer, McGahn will provide crucial advice on the nomination of judges, including to the Supreme Court," Schwarz noted. "While Trump has criticized Citizens United, and called the Super PACs that sprang up in its wake 'horrible' and a 'total phony deal,' McGahn is a vociferous defender of the ruling."
As White House counsel, McGahn will also be tasked with managing and mitigating Trump's many conflicts of interest and potentially establishing a trust to manage the president-elect's business holdings.
In other words, USC Annenberg School for Communication and Journalism professor Marty Kaplan wrote last week, "If a U.S. foreign policy decision appears to favor a Trump commercial project, it's McGhan's job to blow the whistle on the president."
"If you think that's going to happen," Kaplan quipped, "I've got a golf course with a nice view of a wind farm that I'd like to sell you."
He's already shown he's not up to the job, Arn Pearson of the Center for Media and Democracy wrote just before McGahn was officially named as counsel:
Either McGahn is giving bad advice that Trump can do as he pleases, or Trump isn't listening. Over the past few days, Trump has mixed business and politics in shocking ways, holding meetings with business partners from India and Argentina about developments branded with the president-elect's name in the midst of accepting visits from foreign dignitaries and selecting his cabinet.
Those scenes are all too reminiscent of [former McGahn client Tom] DeLay's fast-and-loose dealings, when the congressman faced pay-to-play allegations involving Jack Abramoff and Russian oil executives while being defended by McGahn.
Given McGahn's past performance, and Trump's flouting of the post-Watergate ethical norms followed by presidents for the past 40 years, the incoming administration may well be ensnared in serious ethics scandals of its own making by the time Trump is sworn in.
Or as Craig Holman of Public Citizen told The Intercept: "The selection of McGahn to be the chief ethics cop strongly suggests the new administration is likely to be scandal-ridden and eventually perceived by the public as business as usual."

