That’s a good question.
I see no reason why diGenova cannot informally advise the President.
He can still advise the president on other issues like the PIG report which I think is more important.
I’ll give you a good reason, at least for Toensing. Toensing is married to DiGenova so there may be a conflict in that he has advised her in the following:
Toensing is representing William Campbell. Campbell was an employee in the energy sector who ended up intersecting with the Russian uranium industry. He is witness to crimes of bribery and corruption at the highest levels of government. He was hired by the FBI as a confidential informant, paid by the FBI to gather evidence and spent years compiling records, files, videotapes, audio-recordings and providing eye witness testimony of corruption.
As we all know, this ultimately ended up with the sale of Uranium One by a Russian firm connected to Putin and the Russian government, including a $145 million payment to the Clinton Foundation and $500,000 to Bill Clinton for a speech.
The director of the FBI at the time all this went down? Robert Mueller.
The conflict lies in the fact that Mueller, in investigating Trump, may actually be using his roles as party to obstruction of justice and cover-up of a number of major crimes in which he and/or his direct subordinates have been involved. Campbell was told that his reports were going up to the FBI Director (Mueller) and to the White House (Obama).
As director of FBI Mueller was close to McCabe and Comey who consider him his mentor. These high level members of the FBI among others stand accused of obstructing justice, perjury, manufacturing evidence, unlawful wiretapping of a campaign (and candidate and President-elect), witness tampering, election tampering, whitewashing bribery and corruption, money laundering, conspiracy to commit these crimes and much more. They may be guilty of accepting bribes themselves. And of course to the extent these all this conspiring, whitewashing of Hillary’s actions, and paying foreign agents to concoct lies about Trump were in the effort to tamper with the election.
Mueller’s hands are unclean. His record as FBI director is in case is what makes him exactly the wrong person to lead any investigation into Russian related anything. His investigation is not impartial. His investigation is not lawfully composed. He very clearly hired investigators with dirty hands involved in the crimes I mentioned, and insofar as his mandate is to investigate Russian collusion “whereever the evidence may lead” he has refused to even look at all the obvious Russian connections to the DNC, the HRC campaign, the Clinton Foundation, the State Department and the White House.
The mere fact that the DNC alleges Russia hacked their servers requires a complete and thorough investigation to rule out that there was no collusion inside the DNC. But that is just the tip of the iceberg. We know she took Putin’s money. We know she hired foreign spies to hire Russian spies. We know she had conspirators inside the FBI, State Department and White House. We know her team sat inside foreign embassies to plot their campaign strategies. Mueller ignores it all. He needs to be investigated and so too does the DNC/HRC campaign for the same allegations made against Trump.
So to the extent that Trump may need to go onto a counter-offensive - and I think we absolutely need at least 1 if not 2 more special prosecutors to investigate Mueller and the DNC/HRC Campaigns - these two lawyers are probably conflicted.