House Chairs Criticize DC’s Investigation into Leonard Leo

House Chairs Jim Jordan, R-Ohio, and James Comer, R-Ky., sent a letter to the Washington, D.C., attorney general Monday, demanding answers over an investigation he launched into a GOP judicial activist.

Jordan and Comer, chairs of the Judiciary and Oversight committees, respectively, sent a four-page letter to AG Brian Schwalb over his investigation into Leonard Leo, widely known for his work on behalf of the Federalist Society to get three Supreme Court justices nominated and confirmed — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — during former President Donald Trump’s administration.

Jordan and Comer are concerned about Schwalb’s “apparent political motivations” and are asking for documents to be turned over by Nov. 13 regarding his investigation into Leo. Further, the chairs also want a briefing to “discuss status and scope” of Schwalb’s probe.

“The Committees are concerned that your office’s investigation may be improper and politically motivated,” the lawmakers wrote. “First, it appears that your office does not have jurisdiction over this matter because Mr. Leo and the organizations with which he is affiliated are, according to publicly available information, based outside of Washington, D.C.”

“Worse yet, the Committees are troubled that your investigation could infringe upon the fundamental rights of donor privacy and free association,” they continued.

Politico reported on Aug. 22 that Schwalb had opened an investigation into Leo. While the impetus for the probe was unclear, it came after a Politico report in March that said a network of Leo’s non-profits funneled $43 million into a new firm of his. The progressive watchdog Campaign for Accountability filed a complaint with Schwalb’s office shortly thereafter.

“The complaint alleged, without evidence, that Mr. Leo received excessive payments for consulting and other services from the several conservative nonprofit groups,” Jordan and Comer wrote. “Even Politico conceded that the complaint offered nothing more than speculation to support its accusations.”

Further, Comer and Jordan asserted that Schwalb should be investigating bigger issues.

“There are serious problems occurring in Washington, D.C., that merit your attention, including the 27 percent increase in crime across all crime categories since last year. Contributing to this increase is the alarming rise in crime committed by juvenile offenders,” they wrote. “Instead of using your office’s substantial resources to address these problems, however, your office has reportedly decided to dedicate those resources to a politically motivated probe that ‘creates an unnecessary risk of chilling free speech.’ The Committees will not tolerate any efforts to undermine donor privacy and chill association of American citizens.”