Trump rejected advice from legal team
Lawyers urged him to allow talks with DOJ
Christopher Kise, a lawyer for Donald Trump, outside a court in Brooklyn, N.Y., last fall. He reportedly wanted to quietly pursue a settlement with the Justice Department.
By Josh Dawsey and Jacqueline Alemany, Washington Post

One of Donald Trump’s new attorneys proposed an idea in the fall of 2022: The former president’s team could try to arrange a settlement with the Justice Department.

The attorney, Christopher Kise, wanted to quietly approach Justice to see if he could negotiate a settlement that would preclude charges, hoping Attorney General Merrick Garland and the department would want an exit ramp to avoid prosecuting a former president. Kise would hopefully “take the temperature down,’’ he told others, by promising a professional approach and the return of all documents.

But Trump was not interested after listening to other lawyers who urged a more pugilistic approach, so Kise never approached prosecutors, three people briefed on the matter said. A special counsel was appointed months later.

Kise, a former solicitor general of Florida who was paid $3 million to join Trump’s team last year, declined to comment.

That quiet entreaty last fall was one of many occasions when lawyers and advisers sought to get Trump to take a more cooperative stance in a bid to avoid what happened Friday. The Justice Department unsealed an indictment including more than three dozen criminal counts against Trump for allegedly keeping and hiding classified documents at his Mar-a-Lago Club in Florida.

Trump, 77, now faces the most legally perilous moment of his life playing out in a federal court — charges that could bring decades in prison. He pleaded not guilty in Miami on Tuesday and vowed to fight the charges.

“President Trump has consistently been in full compliance with the Presidential Records Act, which is the only law that applies to Presidents and their records,’’ Trump campaign spokesman Steven Cheung said in a statement. “In the course of negotiations over the return of the documents, President Trump told the lead DOJ official, ‘anything you need from us, just let us know.’ Sadly, the weaponized DOJ rejected this offer of cooperation and conducted an unnecessary and unconstitutional raid on the President’s home in order to inflict maximum political damage on the leading presidential candidate.’’

Since the National Archives first asked for the return of presidential documents in Trump’s possession in February 2021 and until a grand jury issued its indictment this month, Trump was repeatedly stubborn and eschewed opportunities to avoid criminal charges, according to people with knowledge of the case, many of whom spoke on the condition of anonymity to reveal internal details. They note that Trump was not charged for any documents he returned voluntarily.

Interviews with seven Trump advisers with knowledge of the probe indicate he misled his own advisers, telling them the boxes contained only newspaper clippings and clothes. He repeatedly refused to give the documents back, even when some of his longest-serving advisers warned of peril and some flew to Mar-a-Lago to beg him to return them.

When Trump returned 15 boxes early last year — leaving at least 64 more at Mar-a-Lago — he told his own advisers to put out statements to the National Archives and to the public that “everything’’ had been returned, The Washington Post has previously reported. But he quietly kept more than 100 classified documents.

Later, facing a grand jury subpoena, the indictment alleges the former president worked quietly with an aide to move boxes without telling his own lawyers, leading to a false attestation that every document had been returned.

“It was a totally unforced error,’’ said one person close to Trump who has been part of dozens of discussions about the documents. “We didn’t have to be here.’’

Trump time and again rejected the advice from lawyers and advisers who urged him to cooperate and instead took the advice of Tom Fitton, the head of the conservative group Judicial Watch, and a range of others who told him he could legally keep the documents and should fight the Justice Department, advisers said. Trump would often cite Fitton to others, and Fitton told some of Trump’s lawyers that Trump could keep the documents, even as they disagreed, the advisers said.

In an interview Wednesday, Fitton said he dined with Trump on Monday at his club. “I saw him last night; he’s in a good mood. He’s serious and ready to fight under the law.’’

Fitton, who appeared before the grand jury and was questioned about his role in both the Mar-a-Lago documents case and the investigation into the Jan. 6, 2021, attack on the US Capitol, acknowledged he gave the advice to Trump but declined to discuss the details.