Reading Room Document

Retaining Private Counsel to Represent the DHS Secretary in Impeachment Processes

This opinion considered whether the Department of Homeland Security may contract with and pay for private counsel to represent itself and the DHS secretary in impeachment proceedings. Although no impeachment inquiry was pending, in an earlier session of Congress, there had been a resolution to impeach the secretary by people critical of his immigration policy. The OLC concluded that the Department of Homeland Security may retain private counsel to assist the department in representing itself and the secretary in impeachment proceedings aimed at decisions or actions within the scope of the secretary’s official duties and unaccompanied by any allegations of personal misconduct. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://www.justice.gov/d9/2023-02/2023-01-04-dhs-impeachment-representation.pdf

January 4, 2023