Jones Day Jumps Back Into Trump-Related Litigation for GOP (2)

Jones Day is edging its way into the legal fight to send Donald Trump back to the White House, even after the powerful Washington firm distanced itself from the former president.

Jones Day lawyers on Monday asked the US Supreme Court to block Pennsylvania from counting certain provisional ballots. It’s one of several cases the firm is handling for the Republican National Committee, the party’s national arm.

“This case is of paramount public importance, potentially affecting tens of thousands of votes in a state which many anticipate could be decisive in control of the U.S. Senate or even the 2024 presidential election,” the lawyers wrote in the petition.

The firm was closely aligned with Trump in his first administration, sending partners to key positions in the White House and Justice Department. Its role in the run up to next week’s election shows Jones Day moving back closer into Trump’s orbit, despite opting out of working directly for his campaign this time around.

Jones Day and the RNC did not immediately respond to requests for comment.

John Gore, a Jones Day partner who worked in the Trump Justice Department, leads the team representing the RNC in the Pennsylvania case. The organization is seeking to freeze a court ruling requiring the state to count provisional ballots cast by voters whose mail-in ballots are disqualified for failing to include inner envelopes designed to protect secrecy.

The move could put thousands of votes in limbo in a state where polls show a tight race between Trump and Vice President Kamala Harris. It’s one of several legal challenges in a race expected to be decided by a handful of swing states.

Jones Day, which has deep roots in GOP legal circles, faced criticism over its work on election challenges following the 2020 White House election. The firm continued to represent the RNC in a similar court fight in Pennsylvania, despite push back from some of its own lawyers.

Jones Day decided against advising the Trump campaign last year and said it would wind down “legacy matters” for committees affiliated with Trump’s previous campaigns. The move came a month after Washington lawyer Greg Shumaker took over as firm chairman, replacing longtime leader Steve Brogan. The firm’s lawyers instead worked for South Carolina Sen. Tim Scott in his long shot bid for the Republican nomination.

Jones Day has continued since that time to work for the RNC, which is run by Trump’s daughter-in-law Lara Trump and is closely aligned with the president.

Risk and Reward

Porter Wright, another law firm that was criticized for working on post-election cases following the 2020 election, ultimately bowed out. Pittsburgh election lawyer Kathleen Gallagher later left Porter Wright to start her own firm and is working with the Jones Day team on the Pennsylvania case.

Other firms also distanced themselves from Trump after the Jan. 6, 2021 attack on the US Capitol. Seyfarth Shaw and Morgan, Lewis & Bockius said they would no longer advise Trump’s businesses in the weeks following the attack.

“It all comes down to whether the firm wants to accept the risk of reputational harm after reconsidering its earlier position,” said Stephen Gillers, an NYU Law School professor who studies legal and judicial ethics. “It may have decided that any negative effect on its reputation, including in hiring and among some clients, is outweighed by the advantages of gaining the appreciation of a possible future Trump administration.”

The RNC paid Jones Day more than $1.8 million in legal fees over a three-month period ending in September, according to Federal Election Commission records. The firm also was paid nearly $20,000 from Trump Victory, a joint fundraising committee that supports Trump and other GOP down-ballot candidates.

Gore and Stewart Crosland are the lead attorneys on the Supreme Court petition. Crosland is a former RNC lawyer who joined the firm in 2017. They’re listed as counsel for the RNC in multiple open cases in various battleground states including Ohioand Pennsylvania.

Jones Day is not the only law firm servicing the RNC.

Dickinson Wright, which also has deep GOP ties, is representing the committee in a Michigan suit to block ballots from overseas voters.

The committee has paid $5 million to Consovoy McCarthy, a boutique firm also closely aligned with Republicans, since the presidential election cycle started in January 2023, FEC records show. Dhillon Law Group, whose clients have included Elon Musk and Tucker Carlson, is also working for the RNC. The firm is primary outside counsel to the Trump campaign and was paid more than $875,000 by the RNC since January 2023, records show.