Jack Smith, Former Trump Special Counsel, To Launch Law Firm With Three Ex-DoJ Prosecutors

Jack Smith, the former U.S. Justice Department special counsel who led high-profile prosecutions involving Donald Trump, is forming a new law firm with three other former federal prosecutors. The partners say the firm will begin operating in January and will offer full-service legal work, including investigations and litigation for both public- and private-sector clients.

Who Is Involved

Smith will join forces with Tim Heaphy, David Harbach and Thomas Windom — each of whom spent decades as federal prosecutors. Harbach and Windom were members of Smith's team and helped secure indictments alleging efforts to overturn the 2020 election and the unlawful retention of classified materials.

What The Firm Will Do

In a statement, Heaphy said the new practice will be built on "integrity, commitment, and zealous advocacy," and will provide a broad range of services, from internal and independent investigations to complex litigation and advisory work for government and private clients.

Background And Context

Heaphy, an Obama-era U.S. attorney, served as the lead investigative counsel for the House committee that probed the January 6, 2021 attack on the U.S. Capitol and broader efforts by Trump to remain in power after the 2020 election. Heaphy will leave Willkie Farr & Gallagher to join the new firm; Willkie was among several law firms that reached agreements with Trump after he criticized firms that did business with him. Heaphy joined Willkie in 2023.

Following Trump’s victory in the 2024 election, Smith said he dropped the criminal matters he had been overseeing, citing a Justice Department policy that generally bars criminal prosecution of a sitting president. The Justice Department under the Trump administration has sharply criticized those prosecutions and removed some career prosecutors and FBI agents involved in the cases, alleging politicization; Smith has defended his work and described claims of political influence as "ludicrous."

Next Steps And Reactions

The firm is slated to open in January. Willkie, the Justice Department and attorneys for Smith, Windom and Harbach did not immediately respond to requests for comment. Smith is scheduled to give closed-door testimony next week before the Republican-controlled House Judiciary Committee.

Why It Matters: The new firm combines prosecutors with deep experience in high-stakes investigations and public-service litigation, positioning them to advise clients facing complex legal and regulatory challenges.