DID LEGENDARY REPORTER CARL BERNSTEIN CREATE FAKE NEWS?

DID LEGENDARY REPORTER CARL BERNSTEIN CREATE FAKE NEWS?
by Jim Greenfield

Carl Bernstein became famous as an investigative reporter in the 1970’s as part of the Washington Post team of Woodward and Bernstein, whose investigation into the Watergate Scandal brought down the presidency of Richard Nixon. But look at this recent CNN report and consider whether Carl Bernstein still has any credibility:

Bernstein: Trump’s lawyers tell him what he wants to hear on Russia
By Daniella Diaz, CNN
December 31, 2017

Washington (CNN). Veteran journalist Carl Bernstein said Sunday that President Donald Trump’s lawyers are telling him what he wants to hear about the probe ending soon to prevent Trump from firing Mueller.
“There are many times he has expressed, I’m told by people in the White House, the desire to fire Mueller, the desire to pardon people under investigation including his family,” Bernstein, a CNN contributor, told CNN’s Dana Bash on “State of the Union.” “His lawyers are telling him what he wants to hear — that’s what I’m told — by lawyers in the White House, they’re telling him what he wants to hear to keep him from acting precipitously and to go off and fire Mueller in a rage, or fire (Deputy Attorney General) Rod Rosenstein in a rage. They have an out-of-control client.”

Bernstein added: “The President of the United States, in their view, is out of control most of the time, in their view, when it comes to this investigation.”
(See report at: http://www.cnn.com/2017/12/31/politics/bob-woodward-carl-bernstein-donald-trump-white-house-russia/index.html)

In making these claims, Carl Bernstein is unwittingly accusing President Trump’s attorneys of serious professional misconduct. Moreover, Bernstein is implicitly claiming that Trump’s lawyers are so stupid that they intentionally disclosed their own misconduct to the media, i.e. to him.

If Bernstein’s report is true, Donald Trump’s lawyers violated at least three sections of the Washington D.C. Lawyers’ Code of Professional Conduct.

Rules of Professional Conduct Rule 1.6–Confidentiality of Information says:

“… [A] lawyer shall not knowingly:
(1) reveal a confidence or secret of the lawyer’s client;
(2) use a confidence or secret of the lawyer’s client to the disadvantage of the client;
…..
(b) “Confidence” refers to information protected by the attorney-client privilege… and “secret” refers to other information gained in the professional relationship … the disclosure of which would be embarrassing, or … detrimental, to the client.”
(See https://www.dcbar.org/bar-resources/legal-ethics/amended-rules/rule1-06.cfm )

If Bernstein is telling the truth that Trump’s lawyers disclosed to him confidential information about their communications with their client, the lawyers clearly violated this section of the Code.

Rules of Professional Conduct: Rule 1.4—Communication says:
“(a) A lawyer shall keep a client reasonably informed about the status of a matter….
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions ….”
(See https://www.dcbar.org/bar-resources/legal-ethics/amended-rules/rule1-04.cfm)

If Bernstein is telling the truth that Trump’s lawyers intentionally misled him about the status of the Mueller investigation in an attempt to manipulate him so as to alter his behavior (i.e. not fire Mueller), such deceptive conduct by Trump’s lawyers clearly violated this provision of the Code.

Rule 1.3–Diligence and Zeal says:
“ ….
(b) A lawyer shall not intentionally: …. prejudice or damage a client during the course of the professional relationship.…..
[6] … a lawyer should always act in a manner consistent with the best interests of the client.”
(See https://www.dcbar.org/bar-resources/legal-ethics/amended-rules/rule1-03.cfm)

If Bernstein’s report is true, Trump’s lawyers violated this section of the Code of Professional Responsibility by disclosing to an investigative reporter who is an adversary of their client, information that was damaging and prejudicial to their client, with near certitude that the damaging disclosure would be released to the public in a manner that would harm their client.

If Bernstein’s report is true, Trump’s lawyers disclosed to Bernstein that they were deceiving their client. The lawyers, Bernstein says, lied to Trump by telling him that the Mueller probe will soon be over when in fact they knew it would not soon be over. According to Bernstein, Trump’s lawyers then disclosed this lie to a prominent critic of the President (Bernstein) so that he could report it to the whole world.

Let’s break this down:

1. If Trump’s lawyers were indeed lying to him, why would they tell Bernstein? Wouldn’t they know that the first thing Bernstein would do with such a disclosure is go on CNN with it? Wouldn’t they also know that after appearing on the news, word would immediately get back to Trump who would then know that his lawyers had lied to him? Upon learning from the news report the truth that the probe was not soon coming to an end, Trump would promptly fire Mueller, the exact opposite result of that sought by the lawyers, according to Bernstein. Before firing Mueller, however, Trump would no doubt fire his crooked lawyers who had thus betrayed him.

2. Such flagrant violations of the Code of Professional Conduct by Trump’s lawyers would likely result in their disbarment. Trump’s lawyers would certainly know this. In fact, I haven’t practiced law for 35 years, but as soon as I saw this story, I immediately recognized, as would any lawyer, that the conduct by the lawyers Bernstein alleges would have violated provisions of the Code of Professional Conduct barring a lawyer from betraying his client’s confidence, deceiving his client, and acting in a manner contrary to his client’s interest. What incentive could Trump’s lawyers possibly have to betray their client in this manner knowing that they would thus destroy their own careers?

3. Lawyers would also be guilty of violating the Code of Professional Conduct if they knowingly lied to their client as claimed by Bernstein, in telling Trump that the Mueller probe would soon be over, when they knew that in fact it will not soon be over.

4. Not only would these ethical violations by Trump’s lawyers likely lead to disciplinary action by the Bar Association, but such professional misconduct could result in a major civil malpractice claim against them by Donald Trump.

5. In addition to the financial liability, the damage to these lawyers’ reputations would be irreparable. What other client would hire such lawyers after such a major public scandal? And why would they disclose their own misconduct to a prominent investigative reporter, knowing that he would report their violations to the public?

How likely is it that lawyers of a stature to be serving the President of the United States, would do anything so palpably stupid as what is claimed here by Carl Bernstein?

This story is a glaring example of fabricated fake news. Unfortunately Bob Woodward allowed himself to be drawn into this debacle by appearing alongside Bernstein on this CNN program. However Woodward never endorsed the phony claims by Bernstein.

There’s a big difference between Bob Woodward and Carl Bernstein. Woodward is an honest, smart, investigative reporter. Bernstein is an agenda-driven political hack with no credibility. This “report” by Carl Bernstein is so manifestly false and fraudulent that it could mark the end of Bernstein’s career.

Donald Trump’s “Fascist” Memo Leaked

Trump Campaign “Fascist” Memo Leaked

UDI  New York City.  3/26/16.

A memo was released by an anonymous source within Donald Trump’s campaign today that reveals the candidate’s strategy to bring the press into compliance after he is elected.  According to some legal experts, the memo implies a danger to first amendment liberties such as freedom of the press and freedom of speech, if Donald Trump becomes president,

The memo says that Mr. Trump has been “frustrated” by reporters and critics who fail to understand his message.  “How many times have I told them how great I am?,” Mr. Trump lamented.   “And how often have I told them how over-rated and horrible everybody else is?  But they still don’t get it, and many in the media are unfair to me.  And those horrible reporters who are mean to me will have to pay a price.  Believe me.”

Mr. Trump has a solution to the problem of “unfair” reporters, i.e. those who don’t sing his praises.  As president, according to the memo, he plans to change the law.  He has previously said that when he becomes president, he’ll change the libel laws so that he can sue people who say bad things about him and get money from them.  But this memo reveals an even more extreme form of retribution against people in the media who dare to criticize Donald Trump.  The memo is entitled, “How the Media Will Be Patriotic and Help Me Make America Great Again,” although some Trump opponents have dubbed it “The Fascist Memo.”

The memo discloses that after taking office as president, Mr. Trump intends to issue an executive order, or decree, mandating that all members of the media say only positive, supportive, patriotic words about President Trump and his policies.  The Trump decree will apply to all media, including  t.v., radio, print, and the internet.  Mr. Trump says in the memo that “the American people are tired of anti-Americanism, negativity, and partisan bickering in the media, and I’m going to put a stop to it.  This will be how we make America Great Again.”

Specifically the memo says that President Trump will modify the federal criminal code to provide for the prosecution of unpatriotic and seditious content in the media.  Such content, critical of the President, or anyone in his administration who is performing his  duties, will be subject to the new law.  Those in the media who create “negative” content, criticizing President Trump and others in his administration, or their policies, “will be guilty of the crime of treason, punishable by up to ten years in prison.”  Those convicted may also be sent to the prison camp at Guantanamo Bay, Cuba.  To assure a fair trial, defendants will not be entitled to a jury, and the trials will be held in special “patriotic courts,” tried by judges appointed by President Trump for this purpose.  The memo also says that family members of the traitors who are prosecuted under the new law, will be targeted.  In some cases family members of the accused will be tortured in front of their families, a technique developed and perfected by the former dictator of Iraq, Saddam Hussein. The denial of a jury trial appears to fly in the face of the 6th amendment to the Constitution, which guarantees a right to a jury in all criminal cases.

At a hastily called news conference on the campaign trail today, Mr. Trump appeared along with Michael Mcshyster, an attorney for the Trump campaign, to defend and explain the memo.   Asked what it meant to “target” family members of those prosecuted under the new law, Mr. Trump replied to the reporter, with visible irritation:  “That’s a stupid question.  You’re over-rated.  Everyone knows what targeting means.  It means they’ll get what’s coming to them.  It’ll be great.”

Mr. Trump has previously called for “targeting” the family members of terrorists.  In clarifying what he meant by “targeting,” in an interview with Fox News Host Bill O’Reilly in February, Mr. Trump defended the policy of murdering the wives and children of terrorists. This despite the fact that it has never been the policy of the United States to murder women and children, even those who are family members of our enemies, even in war time.  In fact, murdering non-combatants  is a violation of international law, and of American treaty obligations.  Members of the armed forces are forbidden from following orders to murder innocents in war time, even if ordered to do so by the President.  When questioned during a Republican debate about the duty of the military to disobey illegal orders, Mr. Trump said, “If I issue the orders, they’ll obey.”

Mr. Trump turned over to his attorney questions challenging the constitutionality of his proposed executive order to silence his critics in the press.  Mr. Mcshyster, a graduate of the Frederick Law School, and partner in the New York firm of Mcshyster, Dewey, Cheetham, & Howe, was asked by a reporter whether the proposed executive order wouldn’t be a flagrant violation of the first amendment.  The Trump campaign attorney replied, “Actually, it’s not a violation of the first amendment at all because the law will only apply to traitors and subversives who seek to undermine Mr. Trump’s efforts to restore America to greatness.   Any member of the press who doesn’t want America to be great is clearly a traitor and therefore not entitled to first amendment protections.  There is a legal precedent for this.  During the Administration of President John Adams, as I’m sure you’re all aware, we had similar laws against Sedition, and they worked quite effectively, in helping to launch this great democracy.”

One critic of Donald Trump, however, was not persuaded.  Sam Samson, a spokesman for “Donald Trump Is A Douchebag,” a conservative political action committee with headquarters in Washington D.C., issued the following statement:

“I call on my fellow Republicans to wake up and reject totalitarianism.  We’ve all seen this movie before.  We know how it ends.  We’ve seen it in Cuba.  We’ve seen it in North Korea.  We’ve seen it in Iraq, and in Syria.  Our parents’ generation saw it in the 1930’s in Italy, in Germany, and in the Soviet Union under Stalin.  It ends when the charismatic Great Leader, loved by millions of followers who are blind, deaf, and dumb, leads the great national parade, the troops marching, the band playing, the masses cheering.  And they all follow the Great Leader – over the cliff.  It ends with millions loaded into freight train cattle cars.  It ends with those who speak out for freedom thrown in dungeons, in gulags, or in concentration camps.  It ends with social degradation, mass oppression,  bombs exploding, cities burning, and millions of lives destroyed.  It ends in wretchedness, weeping, and the gnashing of teeth.”

In reply to Mr. Samson’s comment, Donald Trump tweeted, “This guy’s a loser.  He has blood coming out of his wherever.  He’ll be the first one we go after when I become President.”