There’s a striking detail buried in the latest New York Times report on the unfolding autopen pardon scandal: the Biden officials now under scrutiny for signing off on controversial presidential pardons are being represented by some of the top law firms in Washington — at no cost in some cases.
According to the Times, a “flight of white-shoe lawyers” from firms like Latham & Watkins, Cooley and Steptoe, and Covington & Burling have swooped in to shield Biden’s inner circle, with some of the work being done pro bono.
What began as a legal curiosity has ballooned into a serious constitutional scandal that implicates some of the most powerful names in Democratic politics. At the heart of it lies a simple but damning question: Did President Biden personally approve a sweeping series of controversial pardons — such as that of Anthony Fauci — or were unelected aides quietly signing off in his name after he was no longer mentally competent to do so?
On June 4, President Trump issued a memorandum directing the Department of Justice to investigate “whether certain individuals conspired to deceive the public about Biden’s mental state and unconstitutionally exercise the authorities and responsibilities of the President.” The memo specifically raises the possibility that Biden’s aides “secretly used the mechanical signature pen to conceal this incapacity, while taking radical executive actions all in his name.”
That investigation is reportedly being led by Ed Martin, the former interim U.S. attorney for the District of Columbia and now the DOJ’s pardon attorney. According to Reuters, Martin raised concerns in an internal DOJ email about Biden’s competence and whether others were “taking advantage of him through use of autopen or other means.” Parallel inquiries are also underway in Congress, with the House Oversight Committee under Rep. James Comer and Sen. Ron Johnson investigating whether Biden’s aides concealed cognitive decline and unlawfully assumed presidential powers.
In response, a parade of longtime Democratic operatives, many with deep roots in the Obama and Clinton machines, have begun lawyering up. Among those reportedly being asked to testify or hand over records: former White House Communications Director Anita Dunn, first Chief of Staff Ron Klain, senior adviser Mike Donilon, counselor Steve Ricchetti, domestic policy adviser Neera Tanden, White House physician Dr. Kevin O’Connor, and second Chief of Staff Jeff Zients, who personally authorized use of the autopen to issue pardons.
Many of these figures are more than just staff. They’re architects of the Democratic establishment. Dunn has been a fixture in Democratic campaigns and administrations since the 1990s. Tanden was one of Hillary Clinton’s most aggressive surrogates in 2016 and a relentless Russiagate promoter. Klain, a veteran of multiple Democratic administrations, managed Biden’s transition and served as his first chief of staff. And Zients — the former Covid czar turned gatekeeper to the president — not only greenlit mass booster shots before FDA approval, but now appears to have authorized the use of the autopen to sign off on a flurry of last-minute pardons, including Fauci’s.
Now that scrutiny has arrived, these individuals are being shielded by elite law firms, some of which are representing them at no cost.
Take Covington & Burling. This is not just any firm. It’s the longtime home of Obama’s first attorney general, Eric Holder. And it’s the same firm that once represented Trump’s first National Security Adviser, General Michael Flynn — and then hung him out to dry. When Flynn was accused of discussing sanctions with the Russian ambassador and lying about it, Covington inexplicably failed to request the transcript of the call — the very piece of evidence that would have cleared him. Instead, they guided him into pleading guilty to something he hadn’t done. Years later, after attorney Sidney Powell finally obtained the transcript, it became clear Flynn never even mentioned sanctions. The DOJ moved to dismiss the case. But by then, Flynn had already sold his house, endured years of anguish, and racked up millions in legal bills. All of which could have been avoided had Covington done the bare minimum.
Now, in a bitter twist, the same firm that failed Flynn is offering free legal protection to the same political clique that went after him in the first place.
Nearly every major figure associated with Trump, especially those caught up in Russiagate, election disputes, or Jan. 6 prosecutions, was forced to shell out millions for legal defense. Many drained their life savings, sold homes, or relied on crowdfunding just to stay afloat. After Trump left office in 2021, he couldn’t even find lawyers willing to represent him at all, regardless of what he was willing to pay. As Politico reported at the time, “criminal defense lawyers had to leave their firms in order to take him on as a client.”
Paul Manafort racked up millions in legal fees despite the fact that, while guilty of tax violations, he was only prosecuted because of the fraudulent Russia-collusion probe. Michael Cohen spent over a million on legal bills, even as he turned on Trump. Roger Stone had to sell his home. George Papadopoulos had to rely on his father to cover attorney costs. Rudy Giuliani — once one of the most respected prosecutors in the country — was financially destroyed, suspended from practicing law, and ultimately forced to sell his possessions just to keep up with the relentless wave of lawsuits and investigations, all because he served as President Trump’s attorney during the disputed 2020 election.
Again and again, the process and the crushing financial burden that comes with it has been weaponized as part of the punishment. Take Sergei Millian, an innocent American who was framed by the Clinton machine as a source for the infamous dossier despite having no involvement whatsoever. Millian lost his business and livelihood, despite never being charged with any wrongdoing.
Hundreds of Jan. 6 defendants relied on platforms like GiveSendGo just to afford legal counsel, only to face efforts by the Biden DOJ to claw back the funds, claiming the recipients were “profiting” from their actions on Jan. 6. Many of the Trump allies charged by Fulton County DA Fani Willis in the bogus election racketeering case were forced to rely on public donations.
If anyone needed a clearer example of how the system protects its own, this is it. When Trump-world faces investigations over made-up claims, it’s asset seizures, million-dollar retainers, and years of legal torment. But when Biden-world is caught committing real wrongdoing, elite law firms pick up the tab.