With just two weeks until the U.S. midterm elections, officials in the Trump administration are increasingly hiring private attorneys to prepare for potential investigations should the Democrats regain control of Congress. Potential investigations could involve controversies over pardons, matters related to the Trump family, and businesses are also beginning to assess their risks.
Officials from the Trump administration are increasingly seeking private legal counsel in anticipation of potential congressional investigations by Democrats following the midterm elections. As the November election approaches, an increasing number of individuals—from cabinet ministers to mid-level staff—are contacting law firms to assess their personal legal risks.
If the Democratic Party wins the House of Representatives, the Senate, or both, the government could face a series of investigations. Lawyers say potential areas of inquiry include alleged quid pro quo pardons, the renovation of the Kennedy Center for the Performing Arts, and the wedding of Donald Trump Jr., son of U.S. President Donald Trump.
Democratic leaders have signaled the possibility of launching an investigation. For Trump administration officials, this could not only disrupt the remaining two years of Trump’s policy agenda but also lead to personal legal liability, reputational damage, and substantial legal defense costs.
Stone Hilton, a law firm headquartered in Austin, Texas, was founded by former staff from the office of Texas Attorney General Ken Paxton. Co-founder Judd Stone said, “We began receiving sporadic calls of this nature in June, and the frequency of inquiries has been steadily increasing since then.”
Stone noted that although the U.S. Department of Justice will play a leading role in defending the government, cabinet-level officials and agency heads are still considering whether to hire lawyers specifically representing individual interests.
Officials are rushing to hire lawyers, and companies are also beginning to assess investigation risks.
Prospective clients are seeking representation between top-tier law firms nationwide and smaller conservative boutique firms, the latter of which have seen growing influence during Trump’s second term, including Torridon Law, headquartered in Washington, D.C.
The firm’s partners include William Barr, former U.S. Attorney General under the Trump administration, and Mike Fragoso, who previously served as chief counsel to the Senate Republican leadership.
A well-known lawyer familiar with the matter said that due to conflict-of-interest rules, it is difficult for the same law firm to represent multiple government officials simultaneously. As a result, several senior officials are urgently seeking suitable lawyers to avoid having their preferred candidates hired by other clients first.
Steve Roberts, a partner at the conservative client services firm Lex Politica, said the firm has received inquiries not only from senior government officials but also from Fortune 500 companies and startups.
Roberts said, "If they had supported this administration, they would know they could become targets."
Susanne Grooms, a partner at the law firm Cooley, has also noticed a significant increase in corporate clients recently seeking legal advice and preparing for potential investigations. She previously served as chief counsel for the U.S. House Committee on Oversight and Government Reform.
Grooms is at Cooley, which has approximately 1,400 attorneys. She said that companies that have donated to Trump’s initiatives or have conducted business with the U.S. government or the Trump family could be drawn into related investigations.
According to current and former government officials, senior officials from the White House Communications Office, the White House Counsel’s Office, and other departments have been holding meetings since early this spring to discuss how to respond to congressional investigations and handle congressional subpoenas.
The White House has recently undergone personnel changes. Trump has appointed Will Scharf, a former prosecutor and his personal attorney, as White House Counsel.
The White House also appointed Katie Bailey as Director of the Office of Legislative Affairs, which is responsible for coordinating communication between the White House and Congress. Bailey has relevant work experience, having previously served on oversight committees in both the House of Representatives and the Senate.
The White House Office of Counsel has been holding meetings with heads of various government agencies to discuss best practices for responding to investigations, including how to respond to inquiries and how to anticipate potential investigative strategies by Democrats.
However, the Trump administration has downplayed concerns in public about the possibility of Republican losses in the November election. White House spokesperson Lauren Bis said, “The media is obsessed with pushing a false narrative, using their fabricated polls to claim that Republicans will lose control of both the Senate and the House. The Democrats have no agenda to improve the lives of Americans; their only goal is to continue this decade-long political witch hunt against President Trump.”
Potential investigations involve pardons, renovation of the arts center, and the Trump family.
Democratic lawmakers have begun outlining potential next steps for investigation through formal letters. Democratic members of the House Committee on Oversight and Government Reform and the Senate Judiciary Committee have already taken related actions.
Members of the House of Representatives have sent letters to individuals and institutions associated with the Trump administration, including Trump’s son-in-law Jared Kushner, the management of the Kennedy Center for the Performing Arts, Defense Secretary Pete Hegseth, and individuals who have received presidential pardons.
Lawmakers also expanded their focus to Donald Trump Jr., investigating reports that a Russian oligarch funded his wedding celebration.
Lawyers believe these letters may be a precursor to subpoenas and suggest that if Democrats regain control of Congress, they could initiate investigations more swiftly than during Trump's first term, when Democrats launched multiple investigations into the Trump administration after regaining control of the House of Representatives.
Ashley Callen, co-head of Jenner & Block’s congressional investigations practice, who previously served as legal counsel to the House Republican leadership, said: “This time, the Democrats are clearly more sophisticated than last time.”
The related investigation could begin as early as February next year. For government officials and companies that may be summoned or asked to provide materials, securing legal representation in advance has become a preparatory step to address potential risks.
Legal fees and personal risk have become another source of pressure.
Hiring a private attorney may result in government officials incurring substantial legal expenses. During Trump's first term, the Patriot Legal Expense Fund Trust was established to help cover legal costs related to the Russia investigation, including expenses arising from investigations by the Department of Justice and Congress.
Officials who served in the Trump administration said they do not know whether the current administration has established a similar legal defense fund.
Robert Bittman, who led the investigation into Monica Lewinsky during the Clinton administration, said he advised those planning to join the Trump administration to purchase professional liability insurance from the outset to cover potential personal legal expenses.
Although Trump himself has undergone congressional investigations and impeachment proceedings, many government officials lack similar experience and may underestimate the time and cost required to respond to investigations.
Mick Mulvaney, who served as White House Chief of Staff during Trump’s first term, said: “On one hand, Trump will be well-prepared for this because he has already been through so much during his first term. On the other hand, I think people have overlooked one point: most of his staff have never experienced anything like this.”