In a surprising revelation, special counsel Jack Smith, who led two high-profile criminal cases against former President Donald Trump, accepted $140,000 worth of pro bono legal services from Covington & Burling, a prestigious Washington-based law firm. This disclosure, obtained by POLITICO, was filed on January 10 as part of Smith’s departure from the Justice Department. The exact reasons for Smith seeking external legal counsel remain unclear, but the move has sparked significant debate.
Covington & Burling, known for its deep ties to Washington’s legal and political elite, provided the services through attorneys Peter Koski and Lanny Breuer. Both lawyers declined to comment on the matter, as did a spokesperson for the firm. Smith’s decision to seek outside legal help comes amid intense criticism from Trump, who has repeatedly attacked Smith and his team, even calling for their prosecution in social media posts. In one instance, Trump referred to Smith as “Deranged Jack Smith” and accused him of leading a politically motivated investigation.
The timing of this disclosure is notable, as it follows Attorney General Pam Bondi’s recent directive condemning the alleged “weaponization” of the Justice Department under the Biden administration. Bondi established a working group to investigate these claims, specifically targeting Smith’s actions, including the $50 million spent on investigations related to Trump and the unprecedented raid on Trump’s Mar-a-Lago estate. While no formal probe into Smith’s conduct has been announced, Bondi’s directive suggests a broader effort to scrutinize the special counsel’s work.
Covington & Burling’s involvement with Smith is not entirely unexpected, given the firm’s history of employing high-profile Justice Department alumni. Lanny Breuer, who served as head of the DOJ’s criminal division from 2009 to 2013, recruited Smith to lead the Public Integrity Section in 2010. Breuer has publicly defended Smith, describing him as “straight down the middle” and apolitical. Other notable figures at Covington include Eric Holder, former Attorney General under President Obama, and Alan Vinegrad, a former U.S. Attorney who worked with Smith on a significant police abuse case during his tenure in the Eastern District of New York.
The Justice Department reportedly approved Smith’s arrangement under a 2023 Office of Government Ethics regulation, which permits government employees to accept free legal services or establish defense funds if the work is tied to their official duties or roles in presidential campaigns or transitions. Such arrangements must be reviewed by ethics officials and disclosed in financial filings.
This development raises questions about the intersection of legal ethics, political influence, and the independence of special counsels. While Smith’s supporters argue that the pro bono services were necessary given the high-stakes nature of his work, critics see it as evidence of potential bias or undue influence. As the debate continues, the spotlight remains on the Justice Department’s handling of politically sensitive cases and the role of elite law firms in shaping legal outcomes.
