Bunin: The Foolish Spectacle of Carter Page

Ed. Note: The following is a guest post by Harris County Public Defender, Alex Bunin.

The adage “a man who is his own lawyer, has a fool for a client” has been attributed to Abraham Lincoln, Henry Kett and (the always quotable) Anonymous. Lawyers consider it sound advice. Citizens under investigation are often less convinced. This disparity keeps criminal defense attorneys regularly employed.

In 32 years as a criminal defense attorney, I witnessed citizens escalate minor indiscretions into serious criminal charges merely by speaking directly to law enforcement without legal advice. There is generally some hubris on the part of the citizen, but incrimination is virtually certain when questioned by an officer who is skilled in interrogation.

Therefore, it is with alarm that I watched the public spectacle of Carter Page. Back in March, 2016, after much public wonderment about whether Donald Trump had anyone designing his potential foreign policy as President (beyond real estate deals), the campaign hastily announced a team of experts. It included the recently indicted George Papadopoulos and Page, or as the candidate called him, “Carter Page, Ph.D.”

Debate remains over whether Page acted as an expert on Russia, a dupe of Russian intelligence services, a high-level advisor to the future President, or an assistant to Papadopoulos in the acquisition of coffee for Trump officials. In any case, Page is now at the center of a storm of law and politics that could take down a sitting President and result in the prosecution of government officials. He is navigating this turmoil without a lawyer.

I watched him field questions from journalists like Anderson Cooper, Jake Tapper and Chris Hayes. I read his sworn testimony to the House Intelligence Committee. I skimmed the letters and legal documents he has produced, attacking various officials for making him the subject of a Foreign Intelligence Surveillance Act (FISA) warrant. I suspect he also answered questions from law enforcement agents, most likely from the Federal Bureau of Investigation.

Most normal people will vary their recollection of events when repeating the original version several times. Page creates nuances during a single recitation. He has what card players call a “tell” – rapid eye-blinks when the questioner has caused him to rethink the validity of his answer. However, he acts with a sunny sincerity that makes his interrogators worry about him. It is much like watching a toddler go near a staircase and wondering whether a parent will step in before it is too late. Interviewers have asked him, “Don’t you think you need a lawyer?” I am certain the agents read him his constitutional right to counsel, verbatim.

The legal danger is prosecution for his various contradictory statements. They need not even be under oath. Title 18 of the United States Code, section 1001 makes it a felony to lie to FBI agents or even to the investigators for Congressional committees. Charges of perjury are also available. Despite what Page may have witnessed on television or in films, avoiding legal jeopardy is not as simple as parsing words.

If anything, Page’s situation proves anyone can unwittingly talk themself into potential criminal liability. He is a graduate of the U.S. Naval Academy, with a Masters from Georgetown and a Doctorate from the University of London. He is both literate and articulate. Yet, acting both as lawyer and client, he is a fool.


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7 thoughts on “Bunin: The Foolish Spectacle of Carter Page

  1. Jyjon

    “I witnessed citizens escalate minor indiscretions into serious criminal charges merely by speaking directly to law enforcement without legal advice.”

    Did a lawyer advice this tack when being interviewed by the police?

    [Ed. Note: Link deleted per rules.]

    1. Alex Bunin

      Thanks. I amend my advice in one respect. Page should not retain Roy Moore’s attorney, Trenton Garmon, who said:

      “I was engaged in litigation with the Gadsden Mall and had a settlement, which is confidential. I’m intimately familiar with the procedures inside of Gadsden Mall,” Garmon revealed. “And there, from what I have been told, has never been a list with Roy Moore banned from being at the mall. So they processed that out, and they determined: no, whatever it is that someone has said has made them uncomfortable, we don’t find it worthy to put them on a list.”

      Garmon is the same lawyer who sent a letter to the Washington Post and a local Alabama news station, threatening legal action as a result of the story. The letter was littered with spelling errors and in no way amounted to a serious legal threat.

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