Former Department of Justice (DOJ) special counsel Jack Smith’s disclosure that he received $140,000 in pro bono legal services from a Washington, D.C., law firm before he resigned last month has raised eyebrows across social media, including from U.S. Attorney Ed Martin, on Friday.
Newsweek has reached out to the Department of Justice via online email form and Covington & Burling via email for comment.
Why It Matters
Smith was appointed to oversee two criminal investigations into President Donald Trump. One focused on Trump’s alleged role in the January 6, 2021, riot at the U.S. Capitol, and another looked into alleged mishandling of classified documents after leaving the White House. Both investigations resulted in indictments, but the cases were later dismissed. Since Trump’s return to the White House, Smith is seen as potentially in the crosshairs of his DOJ.
Following Smith’s disclosure Martin, a prominent DOJ official who Trump picked as the interim U.S. attorney in Washington, D.C., has taken to social media to suggest he is going to investigate the disclosure.
What To Know
The disclosure, obtained by Politico, was submitted by Smith on January 10 in connection with his departure from the DOJ and detailed that Smith received $140,000 in pro bono legal services from Covington & Burling, a firm known for its deep connections within Washington’s legal and political circles.
While it is unclear why Smith sought outside legal representation, the DOJ appears to have signed off on Smith’s legal assistance under a 2023 Office of Government Ethics regulation, according to Politico.
The rule allows federal employees to accept pro bono legal services if the work is connected to their official duties or prior involvement in a presidential campaign or transition team. However, such arrangements require agency ethics approval and disclosure on financial filings.
Since the disclosure, some have taken to social media noting Smith’s ties to the legal firm. Smith has longstanding ties to Covington. Lanny Breuer, now vice chair of the firm, previously led the DOJ’s criminal division from 2009 to 2013 and recruited Smith in 2010 to head the Public Integrity Section.
Breuer has also publicly defended Smith, telling The New York Times in 2022 that “Jack is not political at all. He is straight down the middle.”
Covington has been home to several former DOJ officials, including Eric Holder, who served as President Barack Obama’s first attorney general. Another firm partner, Alan Vinegrad, was the U.S. attorney for the Eastern District of New York during Smith’s tenure there and assigned him to a high-profile police misconduct case.
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Martin, who has fired about two dozen prosecutors who worked on January 6 cases, has seemingly suggested he will investigate the disclosure stating on X, formerly Twitter, on Friday night: “Save your receipts, Smith and Covington. We’ll be in touch soon. #NoOneIsAboveTheLaw.”
His remarks come after he promised to investigate people who get in the way of or threaten the Department of Government Efficiency (DOGE) team, led by Elon Musk, making cuts to federal agencies.
The disclosure about Smith’s legal representation comes amid intensified scrutiny of the DOJ under the Biden administration.
On her first day in office, U.S. Attorney General Pam Bondi issued a directive to review the federal prosecution of Trump as part of a broader initiative to overhaul the DOJ, which Trump has long claimed is biased against conservatives.
While no formal investigation into Smith’s conduct has been announced, Bondi called for establishing a “weaponization working group” to evaluate the activities of Smith.
Trump frequently attacked Smith and his prosecutorial team, vowing to dismiss them if he won the presidency and at times implying they should face criminal charges themselves.
“They ought to throw Deranged Jack Smith and his Thug Prosecutors in jail,” Trump wrote in a social media post in 2023, shortly after Smith filed a new indictment in the case charging Trump with illegally retaining classified documents at Mar-a-Lago.
In the final days of President Joe Biden’s administration, speculation mounted over whether he would issue preemptive pardons for Smith and members of his prosecutorial team. While Biden granted such pardons to figures including former House January 6 committee members, former NIH director Anthony Fauci, and ex-Joint Chiefs Chair Mark Milley, he did not extend clemency to DOJ prosecutors.
What People Are Saying
Sean Davis, CEO and co-founder of The Federalist, wrote on X on Friday: “How on earth is it legal for a law firm with clients and business before DOJ to provide $140,000 in free gifts to a top DOJ official? DOJ rules and federal regulations explicitly prohibit officials like Jack Smith from accepting or soliciting gifts. Smith, who did not receive a pardon from Joe Biden, needs to be criminally investigated for this.”
Tom Fitton, president of Judicial Watch, wrote on X on Friday: “Special counsel Jack Smith discloses ‘gift’ of $140,000 in free legal services from Obama-connected firm.”
Jeff Carlson, a chartered financial analyst and author, wrote on X on Friday: “And the law firm was Covington. Home to Eric Holder and a host of other high-ranking former DOJ officials.”
Former Secretary of Labor Robert Reich wrote on X: “Pam Bondi, our new Attorney General, served for years as a corporate lobbyist. She represented scores of clients facing federal regulatory scrutiny — including Amazon, Uber, and GM. Her conflicts of interest alone should have been disqualifying.”
What Happens Next?
It is unclear if an investigation into Smith’s disclosure will happen.
Meanwhile, despite the ambitious scope outlined in Bondi’s “weaponization working group” memo, there is no indication that the group will possess prosecutorial powers or coercive tools such as subpoenas to compel cooperation from those under review.
