Corey Lewandowski faces a probe his voluntary role cannot excuse
By Adele Rutherford · Reporting from Atlanta ·
The Justice Department is probing Corey Lewandowski for contracting misconduct, but his defense of voluntary service cannot shield him from federal corruption laws.
Corey Lewandowski is wrong to believe that a "voluntary" title erases the legal obligations of a government official. The Justice Department is reviewing accusations that Lewandowski illegally profited from his role at the Department of Homeland Security. The Washington Post reports that the review focuses on whether he used his position for personal gain. This is not a matter of political preference. It is a matter of process. When a person exercises the power of the state, the law follows the power, not the paycheck.
The fiction of the voluntary shield
The defense will argue that Lewandowski cannot be prosecuted for public corruption because he was not a traditional employee. His lawyer, Adam Trigg, told NBC News that Lewandowski served in a "voluntary capacity." In legal terms, Lewandowski was a "special government employee." This is a part-time appointment that allows a person to maintain outside employment while performing specific government tasks. The ablest advocate for the defense would argue that this status removes him from the statutory definition of a "public official" under federal bribery laws. They would claim that without a government salary, there is no "official act" that can be traded for a bribe.
This argument is a legal shortcut that fails the moment the other side holds the tool. The record shows that Lewandowski signed DHS contracts. He directed that certain grants and contracts, including those involving the Federal Emergency Management Agency, be put on hold. Administrative authority is the source of the risk. A person who can stop a federal grant has power. That power is what the law protects from sale. To suggest that a volunteer is exempt from ethics laws would create a loophole where the most powerful people in a room could be the least accountable, simply by refusing a salary.
The mechanism of the grift
The facts of the DHS investigation suggest a pattern of leveraging authority for private gain. NBC News reports that the probe grew from a $220 million advertising contract featuring then-Secretary Kristi Noem. This contract was awarded without a standard bidding process. Noem admitted to approving the contracts and stated that Donald Trump was aware of her involvement. While Noem faced scrutiny for attempting to procure a luxury jet, the investigation into Lewandowski went further.
The Department of Justice is examining allegations that Lewandowski sought payment in exchange for protecting the interests of the GEO Group. Sources report that Lewandowski requested a "success fee." A success fee is a contingent payment made only after a specific result, such as a government contract, is achieved. The GEO Group declined these requests.
This is the Teapot Dome Scandal reborn. In the 1920s, Secretary of the Interior Albert B. Fall accepted bribes to lease government oil reserves to private companies. The mechanism is identical: a government official leverages their administrative authority over public resources to solicit private financial gain. Whether it is oil reserves or DHS contracts, the crime is the conversion of public trust into private equity.
The selective sword of justice
Donald Trump has stated that he wants his people to be honest. He told NBC News that if they are not honest, they have to be prosecuted. This rhetoric is a convenient tool, but the long record of this administration suggests a selective application of the law. The Guardian notes that the Justice Department under Trump investigated former FBI director James Comey and New York attorney general Letitia James. Conversely, the department moved to dismiss cases for Trump allies charged in the January 6 attack. This pattern of selective prosecution is a drain on the capital stock of legitimacy.
The current probe is in its early stages. ABC News reports that the Justice Department has not yet issued subpoenas. If the law only applies when the president is unthrilled with a subordinate, it is not a law. It is a whim. For the process to be honest, the investigation must proceed regardless of the subject's proximity to the Oval Office.
The Justice Department will likely issue grand jury subpoenas for Lewandowski's financial records and phone logs regarding the GEO Group. Federal prosecutors will probably compel Kristi Noem to testify about her knowledge of Lewandowski's contract approvals. Lewandowski's team will likely file motions to dismiss based on the statutory limits of the special government employee status. These motions should fail. The evidence of requested success fees points to a classic public corruption framework that no voluntary title can excuse.
Sources
- The Guardian: Department of Justice opens criminal investigation into Corey Lewandowski
- NBC News: DHS watchdog refers its Corey Lewandowski investigation to Justice Department for review
- The Washington Post: DOJ reviewing accusations of contracting misconduct involving Corey Lewandowski
- ABC News: DOJ probing Trump ally Corey Lewandowski's actions at DHS after IG referral: Sources