House GOP Launches Probe Into D.C. Prosecutor’s ‘Politically Motivated Investigation’ of Federalist Society’s Leonard Leo, Architect of the Conservative Supreme Court

The chairmen of the House Judiciary and Oversight committees, Congressmen Jim Jordan and James Comer, are requesting information from the District of Columbia’s attorney general related to his reported investigation of a conservative legal activist, Leonard Leo. Mr. Leo is despised by liberals for his hugely influential role in ensuring the elevation of conservative jurists to the federal bench, including to the Supreme Court.In a letter released Monday, Messrs. Comer and Jordan accuse the District of Columbia’s attorney general, Brian Schwalb, of launching a “politically motivated investigation of Leonard Leo and certain nonprofit groups he is affiliated with.”“Given prior attempts by state attorneys general to target conservative nonprofits and their donors—and your apparent political motivations for investigating Mr. Leo—the Committees are concerned about potential infringement on free association and donor privacy,” the chairmen wrote to Mr. Schwalb. “To ensure that these vital constitutional protections are being respected, the Committees are seeking additional information about your efforts and would appreciate your full cooperation with our inquiry.”In March, Politico reported that “at least $43 million” had been moved to a for-profit firm owned by Mr. Leo from nonprofit entities he either controlled or with which he was affiliated. Three weeks after that article was published, Campaign for Accountability — which Messrs. Jordan and Comer describe as “a progressive ‘watchdog’ organization with ties to liberal dark money” — filed a complaint with the Internal Revenue Service, asking the agency to probe whether Mr. Leo had violated the law by allegedly moving such sums to his for-profit firm. In August, Politico again broke news surrounding the case. The outlet’s Heidi Przybyla reported that Mr. Schwalb had launched an investigation into Mr. Leo’s activities and his nonprofit network.It’s unclear if Mr. Schwalb has jurisdiction over Mr. Leo’s activities. The D.C. attorney general, which recently became an elected position, has limited oversight in the District, which lacks many of the rights of a U.S. state. The U.S. attorney for Washington, D.C., usually handles criminal investigations and prosecutions that in a state would be handled by the attorney general and city and county prosecutors. The IRS also has jurisdiction over many tax investigations and works in concert with federal prosecutors. Furthermore, Mr. Leo’s organizations are now headquartered in Texas. Messrs. Jordan and Comer accused Mr. Schwalb of violating donors’ constitutional rights to privacy and due process in launching his investigation into Mr. Leo and his allies. “The Committees are troubled that your investigation could infringe upon the fundamental rights of donor privacy and free association,” the chairmen wrote. “The U.S. Supreme Court has repeatedly affirmed the associational and privacy rights of donors—including the right of Americans to donate anonymously—especially when these rights are threatened by attorneys general who target nonprofit organizations for political reasons.”Messrs. Jordan and Comer are asking that by November 13, Mr. Schwalb turn over all of his department’s internal communications related to the investigation of Mr. Leo’s nonprofit network as well as any communication Mr. Schwalb may have had with outside groups such as Campaign for Accountability. Mr. Leo’s influence on the third branch of government cannot be overstated. He is seen as one of the architects of the current 6–3 conservative supermajority on the Supreme Court after working with Senator McConnell to block Attorney General Garland’s 2016 nomination to the bench. Mr. Leo also advised President Trump to choose Justices Gorsuch, Kavanaugh, and Barrett.

House GOP Launches Probe Into D.C. Prosecutor’s ‘Politically Motivated Investigation’ of Federalist Society’s Leonard Leo, Architect of the Conservative Supreme Court

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