The Foundation for American Innovation, joined by the American Tort Reform Association and the Manhattan Institute for Policy Research, has called on Congress to investigate what they describe as ethically questionable practices by District of Columbia Attorney General Brian Schwalb.
In a letter to the House Committee on Oversight and Government Reform, the groups express concern over Schwalb’s "troubling pattern" of awarding lucrative legal contracts to political allies and former employees and urge federal lawmakers to scrutinize these actions as Congress considers the future of D.C.’s autonomy.
“Attorney General Schwalb has established a troubling pattern of awarding lucrative contracts to outside contingency fee counsel who are both political allies and former employees of his office,” the letter reads. “This practice raises serious questions about the independence and integrity of the District's legal system.”
Among the most notable contracts cited is a $55 million agreement awarded to Edelson PC for a case against Google in January 2023, followed by another $55 million contract for litigation against Meta in November 2023, and an $85 million contract concerning lead pipe litigation in March 2025.
Edelson PC employs Jimmy Rock, a former assistant attorney general in D.C., further intensifying the concerns about potential favoritism. These high-value deals, critics argue, erode public trust and blur the line between law enforcement and political patronage.
The Foundation also raised alarms about Schwalb’s use of the Special Assistant Attorney General (SAAG) program, which is funded by a $5.6 million grant from Michael Bloomberg’s Environmental Impact Center. The program embeds private attorneys in public roles with a directive to litigate environmental and climate-related cases, effectively leveraging public authority to advance ideological objectives. One fellow under this program drafted a letter, later signed by 10 state attorneys general, urging the Consumer Product Safety Commission to regulate gas stoves.
Also under scrutiny is Schwalb’s partnership with Sher Edling, a San Francisco-based law firm known for leading climate lawsuits, and for its extensive donations to Democratic politicians.
Critics claim the firm’s contingency-fee contract with the D.C. AG’s office was more about political alignment than legal necessity, especially since the lawsuit it filed copied sections verbatim from a similar case in Minnesota. The contract itself was fast-tracked in 2019 under an “emergency” provision typically reserved for life-threatening situations.
The groups contend that these arrangements threaten due process and raise questions about the neutrality of the attorney general’s office. They argue Schwalb’s emphasis on high-profile lawsuits against major corporations has diverted attention and resources from pressing local concerns such as rising crime and public safety.
The Foundation for American Innovation’s Director of Technology Policy Luke Hogg signed the letter calling for Congress to consider either banning the use of outside counsel in D.C., as is the case with federal agencies, or adopting measures similar to those in some states to ensure greater transparency and accountability.
“We urge Congress to examine the District of Columbia Attorney General's use of outside counsel as it considers the autonomy and future of the District,” the letter reads. “Government litigation should serve the best interests of constituents, not the profit-seeking motives of the trial bar or the political aspirations of a select few. Congress could consider implementing a ban on engaging with outside counsel, similar to the one currently in place for federal agencies. Alternatively, they could follow the lead of several states by implementing measures to ensure maximum transparency and accountability in contracting.”
Schwalb, a Democrat and native Washingtonian, was elected unopposed in 2022, receiving 97.5% of the vote.
A supporter of President Joe Biden, he previously served as Vice Chairman of the law firm Venable, which has been noted for hiring political insiders to strengthen its government affairs practice.
His tenure as AG has drawn criticism from conservative circles, with City Journal highlighting his investigation into Federalist Society co-chair Leonard Leo—despite the matter being outside D.C.’s jurisdiction—as an example of "lawfare."
Breitbart has also noted Schwalb’s deep roots in progressive politics, including his Clinton administration service and ties to left-wing dark money groups.
Schwalb's deputy, Seth Rosenthal, formerly of the George Soros-funded Alliance for Justice, has also been a vocal critic of conservative legal movements, prompting further questions about ideological bias within the AG's office.
“It is clear that Attorney General Schwalb has prioritized suing large businesses for various societal harms,” the letter reads. “While this may serve his political interests and allies, it does not necessarily serve the interests of District residents. Many constituents have expressed frustration that the AG isn't doing enough to address crime and improve public safety.”