Fears of sweeping probes drive legal prep from cabinet to staff

White House readies subpoena response strategy

Democrats send warning letters to Kushner, Hegseth and others

Investigations could begin as early as February

A view of the rotunda of the US Capitol in Washington, D.C., in July. [Getty Images]
A view of the rotunda of the US Capitol in Washington, D.C., in July. [Getty Images]

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With the US midterm elections little more than a week away, Donald Trump's aides are racing to secure legal representation amid growing signs that Democrats could reclaim a congressional majority. From cabinet secretaries to mid-level staff, administration officials are preparing for what could be sweeping congressional investigations starting next year if Democrats take back the Senate as well as the House.

Senior and mid-level Trump administration officials have been reaching out to law firms for legal advice in anticipation of congressional probes expected after the November midterms, the Wall Street Journal reported Friday.

The issues Democrats are considering investigating range widely — from allegations of quid pro quo pardons and the renovation of the Kennedy Center in Washington, D.C., to the wedding of Trump's eldest son, Donald Trump Jr. Democratic leadership has already signaled its investigative plans, and analysts say that if probes get underway, they could significantly disrupt the administration's ability to govern through the final two years of Trump's term. Officials under scrutiny could also face legal liability, reputational damage and steep litigation costs, the Journal reported.

"Trump administration officials are approaching not only major US law firms but also smaller conservative firms that have grown in influence since the start of the second Trump administration," the Journal reported, adding that conflict-of-interest rules preventing a single firm from simultaneously representing multiple officials have set off a race among senior aides to lock in their preferred lawyers first.

Judd Stone, co-founder of Stonehilton, a law firm based in Austin, Texas, said inquiries began arriving sporadically in June and have grown more frequent since. "The Justice Department will take the lead on the administration's legal defense, but cabinet secretaries and heads of federal agencies are weighing whether they need to retain personal attorneys to represent their individual interests," he said.

Corporations are also preparing legal defenses. Steve Roberts, a partner at Lex Politica, a firm that primarily serves conservative clients, said inquiries have come not only from senior administration officials but also from Fortune 500 companies and startups. "They know that if they have been supportive of the Trump administration, they could become targets of investigations," he said.

Susanna Gromes Coury, a law firm partner and former chief counsel to the House Oversight and Government Reform Committee, said the number of corporate clients seeking legal advice in preparation for potential congressional investigations has jumped. She noted that companies that have donated to projects backed by Trump or done business with the US government or the Trump family could find themselves under scrutiny.

The White House has also begun building its own response framework. Senior officials in the White House communications office and the Office of White House Counsel have been meeting since spring to discuss strategies for handling congressional investigations and responding to subpoenas, according to current and former administration officials.

The administration has also moved to place experienced personnel in key roles. Trump nominated White House aide Will Scharf as the new White House counsel in September. Scharf, a former federal prosecutor, served as Trump's personal attorney after Trump left office in 2021.

The Office of White House Counsel has been holding meetings with heads of federal agencies to discuss how to respond to congressional investigation requests, while also working to anticipate the investigative strategies Democrats are expected to employ.

Democrats have already begun laying the groundwork for such investigations. Democratic members of the House Oversight and Government Reform Committee and the Senate Legislation and Judiciary Committee have started sending letters to key figures connected to the Trump administration signaling their investigative intentions, the Journal reported. Recipients include Trump's son-in-law Jared Kushner, Defense Secretary Pete Hegseth, Kennedy Center management and individuals who received pardons from Trump.

Legal experts view the steady stream of letters as a preliminary step toward issuing congressional subpoenas. If Democrats reclaim a congressional majority in the midterms, they could move far more quickly than they did during Trump's first term — with some suggesting formal investigations could begin as early as February.

However, the White House has publicly dismissed concerns about a midterm loss. White House spokesperson Lauren Bies criticized what she called media obsession with "spreading false claims that Republicans will lose control of the Senate and the House based on fake polling," adding that "the only agenda Democrats have is to continue the witch hunt against President Trump that has gone on for the past decade."


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