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纽约时报

特朗普新新闻秘书自称律师,但纽约时报未能找到其律师执照President Trump’s new press secretary, Katie Zacharia, describes herself as a la

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特朗普的新任新闻秘书:并非真正的律师凯蒂·扎卡里亚告诉《纽约时报》,她法律资历方面的混淆是由一次重大误解造成的。

Trump’s New Press Secretary: Not-Quite Attorney at Law Katie Zacharia told The New York Times that the confusion over her legal credentials is the result of one big misunderstanding.

特朗普总统的新任新闻秘书是律师吗?还是她只是在电视上扮演过律师?

Is President Trump’s new press secretary a lawyer — or did she just play one on TV?

上任仅三天,凯蒂·扎卡里亚正面临关于她是否夸大了自己资历的质疑。她自称是律师,而总统也称她为“律师”。当她被问及在哪个州通过了律师资格考试时,她两次回答说:“当我搬到中国的时候。”这一幕标志着这位接受了美国或许最具挑战性的公共关系职务之一的女性的开局并不顺利。如今她正努力讲清自己的故事。

Three days into her job, Katie Zacharia is facing questions about whether she has embroidered her credentials. She describes herself as a lawyer, and the president called her “an attorney.”When she was asked on Tuesday in which state she passed the bar exam, she twice replied, “When I moved to China.”The moment capped off a shaky debut for the woman who has accepted what is perhaps the most challenging public relations post in the United States. Now she was struggling to tell her own story.

周三晚上,她告诉《纽约时报》,关于“律师”、“律师”和“中国”的这一整番混乱,其实只是一次大误解。

On Wednesday evening, she told The New York Times that this whole mishegas over “lawyer,” “attorney,” and “China,” has been one big misunderstanding.

“我以为问题是‘你法学院毕业后去了哪里?’”她说,她当时正在亚利桑那州的跑道上接听一个快速电话,而总统正在那里举行中期选举集会。

“I assumed the question was, ‘Where were you after law school?’” she said, taking a quick phone call on the tarmac in Arizona, where the president was holding a midterm rally.

“在海军陆战队一号直升机的噪音中,我只能听到这一点,”她说。“而且,出于对礼仪的尊重,我在总统身后保持距离,这让我无法靠近以便更清晰地听到问题。”她指出,这只是她上班的第二天。

“That’s all I could hear over the sound of Marine One,” she said. “And, wanting to respect protocol, the distance behind the president, kept me from moving closer to hear the question.”It was only her second day on the job, she pointed out.

那么,关于凯蒂·扎卡里亚——并非真正的律师——的真相是什么?她于2011年毕业于佩珀代因大学法学院,获得法学学位。按照某种解释,这从技术上讲使她成为一名律师。但她是否是持证律师,即被许可执业并提供法律建议的人?为此,她需要通过律师资格考试。《华尔街日报》周三报道称,她在法学院毕业后参加了加州律师资格考试,但未通过。《纽约时报》未能在加州或她在美国曾居住的任何其他地方找到她的律师执照记录。

So here’s the truth about Katie Zacharia, not-quite attorney-at-law: She graduated with a law degree from Pepperdine University in 2011. By some interpretations, that technically makes her a lawyer. But is she an attorney, someone who is licensed to practice law and give legal advice? For that, she would have needed to pass the bar. The Wall Street Journal reported Wednesday that she sat for the California bar exam after graduating law school, but didn’t pass. The Times was unable to find a law license for her in California, or anywhere else she has lived in the United States.

周三的简短通话中,《纽约时报》没有机会再次追问她是否曾经通过律师资格考试。但在她必须离开之前,她确实解释了,当她最初开始出现在有线电视新闻节目时,她曾咨询佩珀代因大学校长,以确定自己应该如何自我介绍。她说,她被警告不要使用“律师”或“Esquire”这一称呼,但使用“律师”是可以的。

During the brief phone call Wednesday, The Times did not get a chance to press her again about whether she had ever passed a bar exam. But before she had to go, she did explain that when she first began appearing on cable news, she consulted with Pepperdine’s president as to how she should identify herself. She said she was warned not to use the words “attorney” or “esquire,” but that “lawyer” was OK.

但“总法律顾问”这一头衔呢?因为,在领英上,扎卡里亚自称为“总法律顾问”,她为由特朗普忠诚者理查德·格雷内尔领导的“修复加州”组织工作。

But what about “general counsel,” would that be OK? Because, on LinkedIn, Ms. Zacharia identified herself as such for Fix California, a group led by Trump loyalist Richard Grenell.

“除非你已获得律师资格并被允许执业,否则你不能在美国担任公司的总法律顾问,”加州大学伯克利分校法学院院长埃尔温·切默林斯基说。“总法律顾问意味着你在执业法律,为公司提供法律建议。没有执业许可,你就不能执业法律。”

“You can’t be a general counsel to a company in the United States unless you’re admitted to the bar to practice law,” said Erwin Chemerinsky, the dean of the law school at the University of California, Berkeley. “A general counsel implies that you’re practicing law, giving legal advice to the company. You can’t practice law without a license.”

周三,一个监督组织向加州州律师协会提交了投诉,要求调查扎卡里亚是否“反复向公众声称自己有资格执业法律,尽管她没有执业许可,而加州法律将此视为犯罪行为。”这也把我们带到了中国。

On Wednesday, a watchdog group filed a complaint with the California State Bar Association, calling for an investigation into whether Ms. Zacharia “repeatedly held herself out to the public as entitled to practice law without a license to do so, conduct California law treats as a crime.”

白宫本周解释说,扎卡里亚随丈夫泰勒搬到了中国,泰勒在美国一家私募股权公司工作。她在那里声称自己从事“国际交易法”工作。

And that brings us to China. The White House explained this week that Ms. Zacharia moved to China with her husband, Tyler, who had a job at a U.S. private equity firm.

在她的领英个人资料中,她列出了在中伦律师事务所近两年的工作经历。该所是中国最大的律师事务所之一,总部位于北京,并在东京、纽约、洛杉矶、旧金山以及哈萨克斯坦的阿拉木图设有办事处。该律师事务所周三未回应置评请求。

While there, she worked on “international transaction law,” Ms. Zacharia has claimed. On her LinkedIn profile, she listed nearly two years of employment at Zhong Lun Law Firm, which is one of China’s biggest law firms, with headquarters in Beijing and offices in Tokyo, New York, Los Angeles, San Francisco and Almaty, Kazakhstan. The law firm did not respond to a request for comment on Wednesday.

外国律师在中国的机会极其有限。外国人不能参加中国的司法考试,不能持有中国律师执业资格,也不能就中国法律提供咨询。然而,他们可以被中国律师事务所雇佣,参与跨境交易的工作,并就外国或国际法律提供咨询。

Opportunities for foreign lawyers in China are extremely narrow. Foreign nationals cannot sit for China’s bar exam, hold a Chinese lawyer’s license or advise on Chinese law. They can, however, be hired by Chinese law firms to work on cross-border deals and to advise on foreign or international law.

上海办公室的中伦律师事务所合伙人高翔表示,该所经常雇佣外国人提供语言协助,并帮助中国员工了解外国商业文化。

Gary Gao, a partner at Zhong Lun who is based in Shanghai, said the firm often hired foreigners for language assistance and to help Chinese staff understand foreign business culture.

“他们从未在任何时候执业中国法律,”他说,并补充说,扎卡里亚女士在该所的角色很可能类似于有偿实习。

“They are not practicing Chinese law at any time,” he said, adding that Ms. Zacharia’s role at the firm would have likely been similar to a paid internship.

香港大学法学教授、专攻中国大陆法律的刘思达表示,扎卡里亚女士自称曾是中伦律师事务所的助理律师具有误导性,因为这暗示她在中国是持证执业的律师。

Sida Liu, a law professor at the University of Hong Kong who specializes in mainland law, said that it is misleading for Ms. Zacharia to describe herself as a former associate at Zhong Lun, because it implies that she was a licensed lawyer in China.

“中国律师事务所可以雇佣外国人在其大陆办公室工作,但这些人员不被归类为中华人民共和国律师,因为中华人民共和国律师资格要求中华人民共和国国籍,”刘教授说,指的是中华人民共和国。“因此,‘助理律师’这一头衔可能存在一定争议。”那么,我们该如何看待这一切?

“Chinese law firms can hire foreign nationals to work in their mainland offices, but such individuals are not classified as P.R.C. lawyers because P.R.C. lawyer qualification requires P.R.C. citizenship,” Mr. Liu said, referring to the People’s Republic of China. “The title ‘associate’ may therefore be somewhat controversial.”So what are we to make of all this?

正是特朗普先生称扎卡里亚女士为“律师”,而她显然从未纠正这一说法。她自称“总法律顾问”,这在最好的情况下也具有误导性。

It was Mr. Trump who called Ms. Zacharia an “attorney,” and she certainly never corrected the record. She called herself “general counsel,” which was misleading at best.

孔子在《论语》中说:“民无信不立。”对白宫新闻秘书而言亦是如此。这份工作的核心是可信度。如果公众(更不用说媒体了)觉得其所听到的不可信,那么要取得成功就相当困难。

Confucius wrote in The Analects that without the trust of the people, the state cannot stand. The same goes for a White House press secretary. It is a job that’s all about credibility. It’s pretty tough to succeed if the public (let alone the fourth estate) feels that it cannot trust what it is being told.