Washington, DC, Attorney General Brian Schwalb is currently investigating Leonard Leo, a longtime conservative donor, advisor, and activist. Republican Representatives James Comer and Jim Jordan attempted to gain access to information about the investigation, but Schwalb denied them.
The attempt
On October 30, Jordan and Comer, who chairs the House Oversight and Accountability committee, sent a letter to Schwalb, demanding “additional information” concerning Schwalb’s “reported effort to investigate Leonard Leo and certain nonprofit organizations with which he is affiliated.”
Motivation
Jordan and Comer explained they were “concerned that your office’s investigation may be improper and politically motivated.” They were also “troubled that [Schwalb’s] investigation could infringe upon the fundamental rights of donor privacy and free association.”
The investigation
According to POLITICO, Schwalb’s investigation was partly motivated by suspicions that Leo financially benefited from the various nonprofits he is connected to. A complaint filed by a watchdog group alleges that between 2016 and 2022, some $73 million was funneled from nonprofits connected to Leo into the coffers of his for-profit companies.
Questions
“Such payments were generally listed as made in exchange for alleged consulting, research, public relations, or similar services,” the complaint read. “However, [Campaign for Accountability] has reasonable questions about whether those alleged services were actually rendered at all or, if services were rendered, whether the payments made were substantially in excess of fair market value.”
Additional payments
Schwalb’s investigation followed another POLITICO investigation, published in March 2023, which revealed that Leo’s network of nonprofits had transferred more than $40 million into a new firm of his in just two years.
Rich friends
Leo and his nonprofits have received billions from conservative donors in order to continue their work. In 2022, a new group run by Leo received the $1.6 billion fortune of a reclusive Chicago businessman, which was “the largest known donation to a political advocacy group in US history,” per ProPublica.
Who is Leo?
Leo has been influential in Washington, DC, for decades. He advised George W. Bush on his Supreme Court nominations, for example.
Recent success
However, Leo’s influence markedly grew after 2016, when he was unofficially made then-President Donald Trump’s “court whisperer.” All three of Trump’s eventual picks for the Supreme Court came from Leo’s suggestions.
Attempt denied
On Tuesday, Schwalb officially declined to grant Jordan and Comer any of the information they sought. “Our office has a longstanding policy — consistent with the policies of law enforcement agencies across the country — not to confirm, deny, or otherwise comment on potential or pending investigations,” Schwalb explained.
Unconvincing
“Nothing in your latest letter,” Schwalb continued, “sets forth a persuasive reason for deviating from that principled, well-established policy.”
Sticking with tradition
As you know, Congress has traditionally—and responsibly—refrained from requesting information from federal, state, and local law enforcement agencies while potential or pending investigations may be ongoing,” Schwalb wrote. “Congress’s customary judicious approach recognizes that ‘such inquiries inescapably create the risk that the public and the courts will perceive undue political and Congressional influence over law enforcement and litigation decisions.’”
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