In a move that is already setting off alarms across Capitol Hill, special counsel Jack Smith is reportedly preparing to launch a new law firm alongside several of the very prosecutors and investigators who spearheaded high-profile legal campaigns against President Donald Trump.
According to reporting first published by The New York Times, the new legal outfit will include Thomas Windom, a key figure in Smith’s 2020 election-related prosecution of Trump; David Harbach, who worked on the classified documents case; and Timothy Heaphy, the former top investigator for the House’s January 6 committee. The firm is expected to focus on trial work and investigations, with Bloomberg Law noting that it will carry forward the type of high-stakes, politically-charged litigation that has defined these attorneys’ recent work.
The timing — and the roster — is telling.
Smith’s former team, already under fire from House and Senate Republicans for its handling of the “Arctic Frost” investigation, appears to be consolidating power in private practice, even as multiple congressional probes ramp up into the very investigations they conducted. Arctic Frost, which led to Trump’s indictment, is now under formal review by the House Judiciary Committee and set to be the subject of 2026 hearings announced by Sen. Chuck Grassley, who accused Smith’s team of conducting a “runaway train” of a probe that swept up innocent Americans based solely on their political affiliation.
“Transparency brings accountability,” Grassley said in a statement this week. “The Senate Judiciary Committee is leading this investigation to find out exactly what went wrong, so that bad actors can be held accountable and this sort of political witch hunt never happens again.”
That “witch hunt” narrative — echoed frequently by Trump and his allies — has taken on new weight as details emerge about what Smith’s team accessed during Arctic Frost and how far-reaching the subpoenas may have been. Windom, in particular, is facing increased scrutiny: he was referred to the DOJ for possible prosecution by House Republicans last month after refusing to answer questions during a closed-door deposition. His refusal has only intensified speculation about potential misconduct or overreach in the Trump investigations.
Meanwhile, two other top Smith deputies, Molly Gaston and J.P. Cooney, launched their own firm in October. Their practice already targets issues like public corruption enforcement and representation for clients facing congressional inquiries — including, notably, the very kind their former colleagues are now being swept into.
Smith himself has been subpoenaed by House Republicans to testify behind closed doors on December 17, though it’s unclear whether he will comply or attempt to delay or block the subpoena through legal means.
What’s emerging is a striking portrait of a high-powered legal cadre transitioning from government prosecutors to private-sector power brokers, even as their actions in public office remain the subject of intense political and legal scrutiny.
To critics, it’s the epitome of conflict-laden revolving-door politics: the same officials who drove politically explosive prosecutions are now forming an elite legal firm, perhaps to cash in on their inside knowledge or — more troublingly — to shield themselves and their allies from the very investigations their work has provoked.
And as Congress presses for answers on Arctic Frost, one thing is clear: this story is far from over
