If you didn’t know that Legal Insurance was an actual and serious thing in Washington DC, well, I didn’t myself. However it IS something and not at all a small thing. Perhaps it’s been at so-called Cottage Industry or Boutique level but it could be about to undergo a major expansion!
I’m sure you all remember Cassidy Hutchinson. I have a sick feeling we’ll be seeing more of her in the months and years to come as Congressional Republicans and Trump’s DOJ haul her up for depositions in the hopes of building a criminal case against her. Granted my mind often works in weird ways but with all that time she spent getting grilled, under oath I should add how in the hell she’d pay all her legal bills. It has to already have added up to a staggering amount. All because to Trump’s fury she had the gumption to dump the lawyer he gave her (THAT lawyer was surely putting Trump’s interests first) and get her own counsel.
Hutchinson is far from the only person in Trump’s first administration to need legal counsel. And many accepted what Trump provided them. However Hutchinson isn’t the only one who said ‘Wait a minute. I want a lawyer who puts MY legal interests first!’ – she’s just the most visible one. The thing is, the kind of legal representation Hutchinson (and others) who’ve gone out and hired their own lawyer isn’t cheap. Before one knows it after a few Congressional hearings and the depositions leading up to them hundreds of thousands of dollars get racked up. For someone like Hutchinson I’m certain she crossed the million dollar threshold long ago, and as I said it’s a safe bet she’ll be needing that lawyer again.
Now think about a lawless (thanks to SCOTUS) Trump assuming power again and what he’ll order White House staffers to do. Not just the bigwigs but countless people in closet sized offices and cubicles. Many of course will be too gullible, and assume that if they cross any legal lines Trump will ‘take care of them’ but many will walk in open-eyed. Looking for a juicy bit of experience to add to their resumes and hopefully get the hell out after enough time has passed. Or, some of the first group might start out as proverbial true believers like Hutchinson and have the scales fall from their eyes. What matters is that SCOTUS gave a free pass to TRUMP to go breaking laws. And ONLY Trump. Come 2028 a new DOJ can prosecute those staffers. I suspect a Democratic President in 2028 will appoint someone made of much sterner stuff than Merrick Garland.
NBC News has reported former Trump staffers are encouraging those coming in to make SURE they’ve got a Legal Insurance policy. In fact the Transition Team is telling the people who’s names are and will be in the news as the top jobs are filled out to tend to this detail. It makes sense now that I’ve thought about it. Then again so often the kinds of people who get picked for top jobs tend to be well-off to begin with. Between that and the value to lawyers from top DC firms of representing high level officials I’ve never worried that much even knowing they can rack up a couple million or more in legal fees.
However, if a person isn’t wealthy or comes from an awfully well-off family it’s a different story. I’m not kidding. A person working for a high profile person on the Hill or in the WH can suddenly find themselves sitting for depositions. Under Oath. More than one in fact and before they know it they can find themselves owing some lawyer(s) two or three hundred thousand bucks! That’s just for starters because if it turns into (or starts out as) a criminal investigation the tab will go much higher.
According to the linked article a regular staffer can obtain a policy for $250-$400 and that seems like a minimal amount given what could happen. Like other types of insurance it sucks to pay for things you HOPE you never need but if you DO wind up needing it you’ll be grateful as hell you spent the money. What I never realized was that this has been something out there for a long time in DC. Legal Insurance tailored for those who serve in government! Wow. Frankly it doesn’t matter if someone is a Democrat or a Republican – this is as essential as health or car insurance.
“One thing I tell every client considering taking a political appointment in a new administration, whether Republican or Democrat, is to expect that they could get drawn into an investigation and to think hard about whether they are willing to take that risk and whether they’re prepared for it,” said Robert Kelner, the head of the congressional investigations practice at the law firm Covington & Burling. “It’s just become so routine that it’s almost to be assumed, and it can be very distracting and burdensome and occasionally expensive for political appointees.”
It’s for damned sure there are folks from the first Trump administration who ignored that type of advice and came to regret it. I also think it says something that this has become a news story because they are trying to WARN those about to staff the second Trump term. Higher level types might be being advised by the Transition Team on this but it’s doubtful mid and lower level folks are. And it’s mid and lower level folks who most need this type of protection. With folks who went through those awful four years of the first Trump Presidency sounding the alarm it should be getting everyone’s attention that we are in for far worse. Trump might take care of some, only some mind you of the upper level folks but the mid and low level folks will be on their own.
That’s why I say this heretofore unknown DC “thing” could turn into a rather sizeable legal thingy. And there ARE people and entities poised to take advantage:
Some in Washington see a business opportunity in helping to defray the cost of legal expenses for government workers. Anthony Vergnetti left his job as a lawyer more than a decade ago to launch an insurance firm protecting government workers from legal exposure. Vergnetti said in a “FEDTalk” podcast interview that aired in 2023 that the cost of a policy can range from $250 to $400 and often extends for a number of months after a person leaves their government job. Certain agencies help pay part of the cost, he said. Vergnetti declined to be interviewed by NBC News
Then again, the underwriters might have reservations. Given what we can likely expect in the years ahead from Trump insuring legal bills for government workers could turn out to be a DC version of what home/property insurers face in Florida. Or now California. HUGE payouts to be made and decisions to throw up their hands and say “We’re done providing coverage!” Well, it’s not exactly the most pressing news at the moment but I found it interesting and suggest you read the linked article.
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great article!