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Kaelan Deese, Supreme Court Reporter


NextImg:Leonard Leo investigation led by DC attorney general may be 'improper': GOP chairmen

A pair of House Republican chairmen are looking into whether there's "improper" handling of the Washington, D.C., attorney general's investigation of the legal activist behind the Supreme Court's Republican-appointed majority.

Democratic Attorney General Brian Schwalb has been leading an investigation into Leonard Leo, co-chairman of the Federalist Society legal group, after one of Leo's seven nonprofit organizations allegedly paid excessive compensation to one of his for-profit companies.

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House Oversight and Accountability Committee Chairman James Comer, left, confers with House Judiciary Committee Chairman Jim Jordan.

"The Committees are concerned that your office’s investigation may be improper and politically motivated," House Judiciary Committee Chairman Jim Jordan (R-OH) and House Oversight Committee Chairman James Comer (R-KY) wrote in a joint letter obtained by the Washington Examiner.

The lawmakers wrote that Schwalb's investigation raised at least two major concerns, including that it appeared the attorney general "does not have jurisdiction" because Leo and his affiliated organizations are based outside of D.C.

“Worse yet, the committees are troubled that your investigation could infringe upon the fundamental rights of Donor privacy and free association," the chairmen added.

Schwalb was requested to provide documents and communications related to his investigation of Leo, including any contacts with outside organizations.

The lawmakers also called on the attorney general to focus his concern on rising crime rates in the D.C. area, citing statistics showing violent crime is up 41% in the city.

Federalist Society Executive Vice President Leonard Leo.

In late June, Schwalb issued subpoenas to groups tied to Leo to uncover documents as part of an inquiry launched months after the liberal Campaign for Accountability accused the conservative activist of enriching himself with consulting fees charged to tax-exempt organizations in his network.

"Past experience with the D.C. attorney general has featured an almost exclusive focus on conservative organizations," David Rivkin, an attorney for Leo, told the Washington Examiner earlier this month. "In our case, this investigation is entirely lacking authority. The combination of those two factors suggests it is ideologically driven."

Criticism has fallen over Leo, especially since he played a key part in selecting the three justices nominated by former President Donald Trump to the high court during his single term in office.

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Leo was previously the longtime vice president at the Federalist Society, a conservative legal organization based in D.C. with influential ties to the conservative legal movement. The group has had notable members, from Sen. Ted Cruz (R-TX) to even Supreme Court justices such as Samuel Alito, a nominee of then-President George W. Bush.

The Washington Examiner contacted Schwalb for a response.