Biden’s new personal lawyer is no stranger to politically sensitive clients

Joe Biden has hired a new personal lawyer — whose previous work for the January 6 select committee has uniquely prepared her to represent a former president at the center of a congressional investigation.

Buried in a New York Times story about Biden’s use of an autopen to sign pardons was the news that Biden has hired prominent Washington attorney Amy Jeffress as his personal counsel, replacing longtime Obama-Biden ally Bob Bauer. Jeffress takes on representation of the 46th president at a sensitive time, as House Republicans and the Justice Department step up investigations into pardons issued by Biden and the actions of his staffers in the final months of his administration.

Jeffress has taken on multiple cases in recent years that have put her at odds with President Donald Trump or his allies. But representing a former president is a career first for her that could place her under a brighter spotlight than she’s experienced before.

“[Biden] will need a fierce defender who will undertake that work in a very thoughtful way,” said former deputy attorney general Jamie Gorelick, who hired Jeffress for her first role at the Justice Department. “You will not find [Jeffress] doing lots of interviews or undertaking publicity campaigns for herself.”

Biden’s post-presidential office and Jeffress declined to comment.

Jeffress served as a federal prosecutor and counselor to Attorney General Eric Holder, and held other significant roles over a two-decade career at the Justice Department. Jeffress left the Justice Department for private practice in 2014, first to go to law firm Arnold & Porter and now at boutique firm Hecker Fink.

In private practice, Jeffress has not shied away from politically sensitive clients. During Trump’s first term, Jeffress represented former FBI lawyer Lisa Page as she became a focal point for MAGA outrage over the Justice Department’s Russia investigation. More recently, Jeffress was part of the team representing special counsel Hampton Dellinger, who was fired by Trump and sued in an effort to remain in his post.

"If I needed counsel Amy would very definitely be on my short list," said former U.S. Solicitor General Seth Waxman, who has known Jeffress since she was in middle school. Waxman worked with Jeffress’ father, himself a prominent Washington attorney, prior to joining the Justice Department.

That’s not her only family connection to the law — Jeffress is married to Christopher Cooper, a federal judge in Washington who has dealt with numerous petitions related to Trump’s flurry of executive actions.

Jeffress’ behind the scenes work for the Jan. 6 select committee might be her most relevant experience when it comes to representing Biden. In early 2022, multiple former Trump officials who had been subpoenaed by the committee filed lawsuits seeking judicial orders that would stop them from having to testify or turn over documents sought by the committee. The relatively small House general counsel’s office turned to outside lawyers, including Jeffress, for pro-bono help in responding to the high volume of cases.

Jeffress was “very heavily involved” in the process of drafting legal arguments to defend subpoenas issued by the committee, said Doug Letter, former House general counsel.

That gave her firsthand knowledge of the complex legal questions that surround House subpoenas to executive branch officials.

“This makes perfect sense for Biden to hire her,” Letter said.

Biden’s aides have their own lawyers, and Jeffress would likely not be responsible for handling any legal challenges on their behalf. But her role as the president’s lawyer places her at the center of Biden-world’s response to parallel Justice Department and House Oversight Committee investigations into Biden’s mental acuity and whether White House staff used an autopen to unilaterally sign pardons on his behalf.

If Biden or his aides ever try to invoke executive privilege in response to House or Justice Department subpoenas, Jeffress would play an important role in the subsequent legal fight.

When representing the Jan. 6 committee “she would have done all the research and familiarized herself with the case law and the rules and traditions of the House on subpoenas, particularly in the context of executive privilege which is what she’s going to be raising now,” said a person who participated in legal battles over executive privilege on behalf of Trump, granted anonymity because they were not authorized to share details of that work.

“Her role will be to help President Biden navigate that and that will involve coordinating with other lawyers who are representing people close to him,” the person said. “And I think she’s well prepared to do that.”