President Trump speaks at the Justice Department on March 14.
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Andrew Harnik/Getty Images
This year, President Trump called on the Justice Department to prosecute his perceived enemies — and the DOJ appears to be taking the lead.
In just the past few weeks, prosecutors have obtained indictments against former FBI Director Jim Comey and New York Attorney General Letitia James. The White House has signaled that more cases may be on the way.
For these defendants, the costs of fighting criminal charges in a high-profile case are enormous, and they can reverberate for years, according to veteran attorneys who represent people who make headlines.
Lisa Wayne tried 150 cases before juries during her decades-long career. Wayne, now executive director of the National Association of Criminal Defense Lawyers, said there is “no golden rule” when it comes to the cost of legal fees.
The cost depends on the charges against a person, where they live, the experience of their lawyer and whether experts are needed before trial, she said.
“Most people have to figure it out out of pocket,” Wayne said. “And determine: Do they have savings? Do they have friends and family who can help them? Are they taking out mortgages on their homes? This can be a very stressful situation for most individuals.”
Three other longtime criminal lawyers put the estimate at between $1 million and $5 million for a small law firm, and $25 million or more for a large firm.
Trump himself has spoken of about $100 million in legal fees he faced after his first term, for indictments in two federal cases and charges in the states of New York and Georgia.
Help from a former trial partner or defense fund
Comey, a former deputy U.S. attorney general and longtime federal prosecutor, turned to his former trial partner for help. Patrick Fitzgerald, who headed the U.S. attorney’s office in Chicago and later entered into a lucrative partnership at the Skadden law firm, came out of retirement to help defend Comey.
In private practice, Fitzgerald probably made more than $2,000 an hour for his legal work. Now he is able to set his own rates and may not work quite for free, but nowhere near full price.
Then there’s Democratic Sen. Adam Schiff of California. Schiff is a longtime critic who helped investigate Trump during the president’s first term. Schiff is now under investigation for alleged mortgage fraud.
Trump took note of recent remarks from the Oval Office. “Looks like Adam Schiff really did a bad thing. They got him. Now let’s see what happens.”
The key issue is that Schiff has homes in California and Maryland, closer to the U.S. Congress. Schiff’s allies said he accurately completed mortgage paperwork and consulted with lawyers during the process.
His lawyer, Preet Bharara, a former U.S. attorney in Manhattan, called the allegations of wrongdoing “transparently false, outdated and long since debunked.”
Despite this, Schiff established a legal defense fund in August to help cover legal costs.
The White House said the Justice Department was on track with its prosecution. “The Trump administration will continue to reveal the truth to the American people while restoring integrity and accountability to our justice system,” spokeswoman Abigail Jackson said.
“They should be people who are ashamed”
One of the driving forces behind all these investigations is Ed Martin, a Missouri lawyer who has more experience in politics than in the courtroom. Martin was unable to gain Senate confirmation to serve as U.S. attorney in Washington, D.C., after lawmakers raised concerns about his support for people who rioted at the U.S. Capitol nearly five years ago.
Instead, Martin decided to lead a militarization task force focused on people who clashed with Trump.
“There are some very bad actors, people who have done very bad things to the American people,” Martin told reporters as he began his new job. “And if they can be charged, we will charge them. But if they can’t be charged, we will name them. And in a culture that respects shame, they should be shameful people.”
This is not how Justice Department policy has worked in the past. Prosecutors aren’t supposed to speak ill of people they don’t have enough evidence to charge with crimes — or those who haven’t yet been charged.
“I can’t imagine anything more stressful than being accused by the government and bearing the brunt of that as an individual in this country,” said Wayne, of the National Association of Criminal Defense Lawyers.
Where should I go “to regain my reputation?” »
Even if a defendant gets an acquittal, he or she has gone through hardships, facing emotional pressure on himself and his entire family.
Consider DC attorney Michael Sussmann. He was the subject of a special counsel investigation in connection with his work for Hillary Clinton’s presidential campaign. A Washington jury found him not guilty of making a false statement to the FBI after a two-week trial in 2022.
Outside the courthouse after his victory, Sussman appeared exhausted.
“Even though I was falsely accused, I am relieved that justice finally prevailed in my case,” he said. “As you can imagine, this has been a difficult year for my family and me.”
In the 1980s, President Ronald Reagan’s former Labor secretary was charged with fraud — only to be found not guilty by a jury.
Raymond Donovan responded: “Which office should I go to to restore my reputation?
