Washington, DC (February 26, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expresses its deep concern regarding the recent actions taken against Covington & Burling, specifically the revocation of a partner's security clearance and the reported attempts to terminate the firm's federal contracts.
NACDL President Christopher A. Wellborn of Rock Hill, S.C., stated:
“The principle of an independent legal profession and the right to counsel are fundamental cornerstones of our justice system. Actions that appear to undermine these principles, regardless of the specific circumstances, warrant scrutiny. We understand that these actions are perceived by many as a direct response to the firm's decision to provide pro-bono legal counsel to Jack Smith. While we acknowledge the complexities of such situations, we believe it is essential to uphold the principle of an independent legal profession and the right to counsel. We urge all legal professionals, regardless of political viewpoint, to consider the potential long-term consequences of actions that may undermine the independence of the defense bar. It is crucial to maintain a system where all individuals, regardless of their perceived popularity or political standing, are afforded their constitutional right to a vigorous defense. We encourage a dialogue focused on upholding these core principles of justice and ensuring the fair and impartial application of the law for everyone."
NACDL Executive Director Lisa M. Wayne, Esq., emphasized:
“Our concern stems from the potential chilling effect these actions may have on the willingness of law firms to undertake pro-bono representation in politically sensitive cases. Regardless of one's political affiliation, it is vital to ensure that all individuals have access to competent legal counsel, particularly when facing government scrutiny. The Sixth Amendment of the U.S. Constitution guarantees the right to counsel; this includes the right to be represented by a qualified attorney, regardless of financial means. Any action that could discourage attorneys from fulfilling this fundamental duty raises serious concerns about the integrity of our legal system.
“Furthermore, NACDL has a longstanding relationship with Covington & Burling, whose attorneys have generously assisted our Amicus Committee in drafting amicus briefs to the U.S. Supreme Court. Notably, the Supreme Court cited NACDL’s brief, authored by Covington & Burling attorneys, in its recent decision in Glossip v. Oklahoma, which played a crucial role in sparing the life of the petitioner, Richard Glossip, who will receive a new trial after maintaining his innocence for 27 years. This demonstrates the firm’s laudable commitment to, and earned reputation for, upholding justice and protecting constitutional rights against government overreach.”
Contacts
Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
