Marc Kasowitz sent New York Times a letter demanding retraction for stories about women accusing Trump
When Donald
Trump has needed a legal brawler, he has often turned to Marc Kasowitz, a
hard-edged Manhattan attorney whose website cites a description of him
as one of the most "feared lawyers in the United States."
Kasowitz
fits into the long-running pattern of Trump pursuing confrontational
legal strategies and embracing tough allies, including the late attorney
Roy Cohn, who Trump said earlier this year "could be a nasty guy" as he
helped the businessman's real estate empire grow in Manhattan.
Last
week, when the New York Times wrote about women's claims of sexual
assault by Trump, Kasowitz sent a letter demanding "a full and immediate
retraction and apology."
Two weeks earlier, when the Times released
three pages of Trump's 1995 income tax returns, Kasowitz sent a letter
threatening "prompt initiation of appropriate legal action."
Years
before that, Kasowitz helped lead Trump's losing battle against an
author who cited sources claiming Trump was not a billionaire.
"It's
a trench fight with them. It's just brutal stuff," said Roddy Boyd, a
former New York Post and Fortune reporter who covered Kasowitz's cases a
decade ago. Boyd says he personally was threatened by Kasowitz with a
suit over his reporting on two companies the attorney represented.
Kasowitz's
firm also subpoenaed Boyd to obtain his hard drive and notes he had
taken while reporting on a third company, Boyd said, adding the subpoena
was rejected in court in 2011.
Kasowitz did not respond to
requests for comment, and Trump was not made available for comment. In
2004, Trump told the magazine the American Lawyer that members of
Kasowitz's law firm were "not good lawyers, they're phenomenal lawyers."
Kasowitz
is not primarily a First Amendment or media attorney, and his
wide-ranging practice has focused mostly on representing banks, insurers
and other business clients. The most prominent of Kasowitz's tussles
with the media have been on behalf of Trump.
Alan Garten, general
counsel for the Trump Organization, described Kasowitz as a strategic
lawyer and Trump's "go-to guy . . . when really urgent, sensitive,
complex issues come up."
"He's incredibly smart, very measured . .
. (but) that doesn't mean he's not tough," Garten said. "Who doesn't
want a strong litigator?"
The claim that Kasowitz or Trump seeks to intimidate journalists, Garten added, is "the dumbest thing I've ever heard."
"Mr.
Trump is someone who stands up for what he believes in," he said. "This
is not an effort to intimidate. This is an effort to exercise and
enforce rights he is entitled to exercise."
Kasowitz graduated from Yale University and Cornell Law School and, in 1993, founded Kasowitz, Benson, Torres & Friedman.
The
firm now employs hundreds of attorneys, including former Democratic and
independent Sen. Joe Lieberman, Conn. It has offices in New York,
Washington, Los Angeles and Silicon Valley.
A New York Law
Journal survey in July of the state's 100 biggest law firms said the
Kasowitz firm saw the state's sharpest drop in its workforce last year,
losing 18 percent of its attorneys, or 51 lawyers, amid a series of
layoffs and departures.
It's unclear why the firm lost so many
lawyers so quickly, though the journal survey noted that some firms had
reported declining legal demand. Kasowitz told the journal that the firm
had taken "smart actions . . . to adapt to an evolving and volatile
litigation market."
Kasowitz and his wife, Lori, have given
hundreds of thousands of dollars to Trump and to Republican committees
in recent years, data from the Center for Responsive Politics shows. The
couple have also donated thousands of dollars to Democratic candidates,
including Barack Obama, Joe Biden, Senate Minority Leader Harry Reid,
Nev., and Sen. Charles Schumer, N.Y.
Kasowitz
has taken on several high-profile cases, including defending the
Liggett Group, one of America's biggest cigarette conglomerates, in
tobacco lawsuits. He also represented the Port Authority of New York and
New Jersey in a suit that claimed officials had ignored warnings before
the 1993 bombing of the World Trade Center.
Kasowitz seems to
cherish his hard-edged reputation: His biography on the firm's website
lists media publications that called him an "uberlitigator" and the
"toughest lawyer on Wall Street."
David Brooks, general counsel
for one of Kasowitz's clients, Fortress Investment Group, told the New
York Law Journal in 2010, "When there's a tough, call it
rough-and-tumble kind of litigation, those are the guys I would go to."
He added, "They're not afraid to get their hands dirty."
Kasowitz
has represented Trump for at least 15 years, including during the
restructuring of more than $1 billion in debt for Trump's Atlantic City
casinos. The firm also represented Trump when media giants, including
the Times, sought to unseal documents from Trump's 1990 divorce with
Ivana Trump. A Manhattan Supreme Court judge rejected that request last
month.
Kasowitz also represented Trump during his lawsuit against
Timothy O'Brien, whose 2005 biography, "TrumpNation: The Art of Being
the Donald," cited unnamed sources claiming Trump was worth far less
than he said publicly.
In 2006, Trump said O'Brien's "terribly
written" book had defamed him, and he demanded $5 billion in damages.
Earlier this year, Trump told The Post he had not read the book but
filed the suit because he wanted to cost O'Brien, who he called a
"low-life sleazebag," "a lot of money."
Before the case, Kasowitz
appeared at one of the author's book readings "to tell me, with a grin,
that he was a writer, too," O'Brien wrote in a Bloomberg View column
last week.
Recording the reading with a video camera, O'Brien
said, representatives of Trump's legal team also attempted to goad the
author into saying something damaging, asking questions such as, "Didn't
you write this book to hurt Trump because you don't like him?"
Trump
sat for a two-day deposition for the case in 2007, during which he made
a series of false statements. In connection with the suit, he was also
forced to reveal sensitive internal documents like tax returns. A New
Jersey appeals court ruled in O'Brien's favor in 2011.
In the
presidential campaign, Trump has said he wants to "open up" libel laws
and threatened to sue news reporters and organizations at least 11
times, according to the Columbia Journalism Review. In an interview
during the reporting for The Post's biography, "Trump Revealed," Trump
told The Post: "I will be bringing more libel suits as people - maybe
against you folks.
I don't want to threaten, but I find that the press is unbelievably dishonest."
Trump, however, has not sued a newspaper for libel since 1984, a Reuters review of court records found.
Kasowitz will now be consulting Trump closely on whether to follow through on his most recent threats.
"Trump has always favored scrappy lawyers and street fighters," O'Brien said. "Marc Kasowitz fits that profile."